Will of John Crowhurst

of Leeds, Kent

I appoint Charles Sedgwick of Hollingbourne in the said County of Kent Surgeon, William Cooper of Maidstone in the said County of Kent Farmer and David Gibbons of Leeds aforesaid Bricklayer to be trustees and Executors of this my Will

I give and bequeath to my housekeeper Hester Ridout an annuity or yearly Sum of seven pounds and sixteen shillings to be paid to her in equal portions quarterly in the four most usual days of payment of rent in the year the first quarterly portion to be paid on such of the said days as shall occur next after my decease

And as to all and every my messages lands tenements heredits. [hereditaments] and real Estate and all my farming stock implements goods chattels monies and personal Estate and Effects whatsoever and wheresoever I give devise and bequeath the same and every part thereof unto and to the use of the said Charles Sedgwick William Cooper and David Gibbons their heirs executors admors. and assigns Upon the trusts following (that is to say)

As to all that my Freehold messuage tenement and Grocer’s shop with the yard garden outbuildings and other ground and appurts. [appurtenances] thereunto adjoining and belonging and therewith used situate lying and being on the West Side of Upper Street in the Parish of Leeds aforesaid late in the occupation of John Colebrook and now of Frederick Colebrook his under tenants or assigns abutting North to a certain other messuage belonging to me & separated therefrom by a boundary fence West to premises of Charles Wykeham Martin Esquire and South to premises of Prescious Fridd
In Trust for my two Grandsons Lewis Crowhurst Colebrook and Cornelius Charles Colebrook their heirs and assigns for ever as tenants in common and not as joint tenants But subject to the clause and power for letting selling mortgaging and charging the same as is hereinafter contained

And I direct my said trustees to receive and take the rents issues and profits of the said last mentioned messuage and premises and pay and apply the same towards the maintenance education and bringing up of my said two Grandsons during their respective minorities

And Upon further trust that they my said trustees and the Survivors and Survivor of them and the heirs executors adm'ors and assigns of such survivor do and shall with all convenient speed after my decease sell and dispose of the residue of my said real estate together or in parcels by public auction or private contract and also sell dispose of and call in and convert into money such part of my said Personal Estate as shall not consist of money and for facilitating such respective sales or dispositions do and shall enter into make and execute all such contracts conveyances assignments and assurances as the said trustees or trustee for the time being shall think proper

And I hereby declare that the said trustees or trustee for the time being shall stand and be possessed of the money to arise from the sale of the residue of my said real estate and from such part of my personal estate as I have dictated to be sold called in and converted into money and the money of or to which I shall be possessed or entitled at the time of my decease and the rents issues dividends and profits thereof in the mean time Upon the trusts following (that is to say)

Upon trust that the said trustees or trustee for the time being do and shall with and out of the same pay my debts and funeral and testamentary expences and do & shall with and out of the surplus of such monies raise the Sum of money hereinafter mentioned and directed to be raised Upon and for the trusts intents and purposes hereinafter expressed and declared concerning the same respectively (that is to say)

I hereby declare my Will to be that the said trustees or trustee for the time being do and shall with and out of the said trust monies raise the Sum of two hundred pounds and lay out and invest the same in their or his names or name in the Parliamentary Stocks or Public funds of Great Britain or at interest upon government or real securities in England and do and shall from time to time change the same for others of a like nature at their or his discretion

And do & shall stand possessed thereof and of the stocks funds and securities in or upon which the same shall be invested
In trust for my two grand daughters Clarissa Adelaide Colebrook and Frances Susanna Colebrook in equal shares
And if either them shall die under the age of twenty one years without leaving lawful issue of her body living at her decease or born in due time afterwards the share of her so dying shall be
In trust for such one or more of my said four above named grandchildren as shall live to attain the age of twenty one years and the issue of such as shall die and who shall be then living to be divided between them in equal shares such issue taking in equal shares their parents share on their attaining the age of twenty one years

And I declare that the said trustees or trustee for the time being shall during the minority of my said two grand daughters apply the yearly produce of the said trust Sum of two hundred pounds for their common maintenance education and bringing up

And I declare that the said trustees or trustee for the time being do and shall stand and be possessed of all the surplus and residue of the said trust monies to come to their or his hands by the ways and means aforesaid or otherwise by virtue of this my Will after answering the several purposes aforesaid In trusts to lay out and invest the same in there [their] his or her names or name in or upon such Stocks Funds and securities as hereinbefore are mentioned and do and shall from time to time change the same for others of a like nature at their and his discretion and do & shall stand possessed of the same last mentioned trust monies and the Stocks Funds and securities in or upon which the same shall be invested after & subject to the payment of the said annuity of seven pounds and sixteen shillings to my said Housekeeper Hester Ridout

In trust for such one or more of my said four grandchildren the said Lewis Crowhurst Colebrook, Cornelius Charles Colebrook, Clarissa Adelaide Colebrook and Frances Susanna Colebrook as shall live to attain the said age of twenty one years and the issue of such as shall die in the mean time leaving issue who shall then be living and to be divided between them in equal shares such issue taking in equal shares their parents share at their said respective ages of twenty one years

And I declare that it shall be lawful for my said trustees or trustee for the time being in their discretion during the minority of each of my said two grandsons to raise and apply in or towards the advancement in life by apprenticing him to any trade or business or otherwise any part or parts of his presumptive share of my said trust estates monies and premises not exceeding in the whole the Sum of thirty pounds for which purpose I declare it to be lawful for my said trustees or trustee for the time being notwithstanding the aforesaid trusts to raise any money which shall be requisite to answer the deficiency of any of my personal estate to meet such provision for advancement to my said grandsons by mortgaging or charging the said messuage & premises so devised In Trust for them as aforesaid in such manner as my said trustees shall think expedient

And also do and shall at the like discretion in the mean time and until the vesting of the respective portion intended to be hereby provided for my said several grandchildren pay and apply the interest dividends and annual produce of the presumptive portion of every such grandchild respectively for or towards his or her maintenance and education

And I hereby authorize an empower my said trustees or trustee for the time being at their or his discretion to let and hire to my said grandson the said Lewis Crowhurst Colebrook the said Messuage & Premises so devised In trust for him and his brother the said Cornelius Charles Colebrook as aforesaid at the yearly rent of twelve pounds, he the said Lewis Crowhurst Colebrook paying to my said trustees or trustee the Sum of six pounds the half part & his proportionate part of the said yearly rent to be by them and him applied In trust for the benefit of the said Cornelius Charles Colebrook

And I order and direct that my said two grandsons shall keep the said messuage and premises so devised In trust for them as aforesaid in tenantable repair And I further declare and direct that when & so soon as the said Cornelius Charles Colebrook attains the age of twenty one years & notwithstanding any of the trusts hereinbefore contained the same last mentioned messuage and premises so devised in trust for my said Grandsons as aforesaid shall be offered by the said trustees or trustee for the time being in writing under their or his hands successively to my said grandsons Lewis Crowhurst Colebrook and Cornelius Charles Colebrook according to their priorities of birth at a valuation to be made by two valuers to be named by my said trustees or trustee or if such valuers shall disagree then to be named by a third valuer to be named by them before they shall enter upon the valuation or their umpire

And in case my said grandsons shall both refuse or neglect to notify in writing under his hand to my said trustees or trustee his acceptance of the offer within ten days after the making thereof Then I direct that they my said trustees and the Survivors and Survivor of them and the heirs executors and adm'ors of such Survivor and notwithstanding the said Ulterior trusts do and shall sell and dispose of the said last mentioned messuage hereditaments and premises by public auction or private contract and do and shall stand possessed of the money arising from such sale after payment of the costs charges and expences of such sale or sales or executing the said last mentioned trust or relating or incident thereto

In trust for my two Grandsons the said Lewis Crowhurst Colebrook and Cornelius Charles Colebrook in equal shares and if either of them shall die under the said age of twenty one years without leaving lawful issue of his body living at his decease or born in due time afterwards then the share of him so dying shall be in trust for such one or more of the others of my said four grandchildren as shall live to attain the said age of twenty one years and the issue of such as shall die who shall be then living to be divided between them in equal shares such issue taking in equal shares their parents share or [on] their attaining the age of twenty one years And I declare that no purchaser of the said last mentioned messuage heredits. and premises shall be obliged to take notice of this direction

And I do hereby declare that the receipts or receipts in writing of the said Charles Sedgwick William Cooper and David Gibbons or the Survivors or Survivor of them or the heirs executors of adm'ors of such survivor or other the trustees or trustee for the time being or of any or either of them to purchasers and others for any Sum or Sums of money payable to them or him under the trusts of this my Will or otherwise shall be good & sufficient releases & discharges for the same and shall effectually discharge the person or persons taking such receipts and his her or their heirs executors adm'ors or assigns from all liability to see to the application thereof

I declare that no purchaser or purchasers or mortgagee shall be obliged to ascertain the occurrence or existence of any event or purpose in or for which a sale mortgage or charge is hereinbefore authorized to be made nor to inquire into or take notice of any matter connected with the propriety or regularity of any such mortgage or charge I empower my said trustees to compound or allow time or accept security real or personal for the payment of debts due to my estate & to adjust by arbitration or otherwise disputes in relation thereto or in relation to any debts and demands against my estate And I also empower my said trustees in the sale and conveyance of my trust estate to give such credit as they shall think proper

I give and devise to the said Charles Sedgwick William Cooper and David Gibbons their heirs executors adm'ors and assigns all estates vested in me as trustee or mortgagee subject to the equities and Upon the trusts affecting the same respectively And in case my said trustees or either of them shall die in my lifetime or shall on my decease renounce the trusts of my Will or in case any trustee for the time being shall die or become unwilling or unable to act or shall cease to reside in England Then I empower the surviving or continuing trustees or trustee or in default of any such then the retiring trustee or the Executors or Adm'ors of the deceased trustee as the case may be by any writing to nominate a new trustee or trustees for the purposes of filling such vacancy or vacancies and such new trustee or trustees shall have the same power in all respects as the trustees hereby appointed

And I direct the respective trustees for the time being of this my Will shall be responsible only for so much money as shall come to their own respective hands and that they shall not be answerable for involuntary losses or for the acts deeds or defaults of each other

And I expressly and specially declare that any trustee who shall pay over to his co-trustee or shall or do or concur in any act enabling him to receive any monies with a view to the same being applied to he general purposes of my Will or for any definite or prescribed purpose authorized by my Will shall not be obliged to see to the due application thereof nor shall such trustee be subsequently considered responsible by any express notice or intimation of the actual misapplication of the same monies

Nevertheless I declare that this clause shall not in any manner be construed to restrict the power of any trustee to require from his co-trustee an account of the application of monies in his hands or to insist on his replacing any funds or sums which such trustee may have misapplied my sole intention being to relieve my said trustees from the operation of the rule of equity which renders one trustee liable to make good monies misapplied by his co-trustee being convinced that this exemption from legal responsibility will not insure them to abate their friendly vigilance And I empower my said trustees to retain and allow to each other all the costs and expences paid laid out expended and incurred in the execution of this my Will or in relation thereto

And I revoke all former and other Wills
In Witness whereof I the said John Crowhurst the Testator have to this my last Will and Testament contained in five sheets of paper set my hand at the foot or end of each of the said sheets this twenty fourth day of November in the year of our Lord one thousand eight hundred and forty
John Crowhurst

Signed by the said John Crowhurst the Testator in the presence of us the undersigned Witnesses present at the same time who in the presence of the said testator and at his request and in the presence of each other have hereunto subscribed our names as attesting witnesses the said twenty fourth day of November one thousand eight hundred and forty
D.F. Sweetlove Attorney at Law, Maidstone - Stephen Iggulden Butcher, Leeds (Kent) - John Cox Blacksmith, Leeds (Kent)

Proved at London 19th March 1841 before the Worshipful Frederic Thomas Pratt Dr. of Laws and Surrogate by the Oaths of Charles Sedgwick, William Cooper and David Gibbons the Executors to whom Admon. was granted & having been first sworn duly to administer.

Transcribed by Shelagh Mason 27th June 2020.

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