Will of Thomas Crundwell

of Tonbridge, Kent

I give and bequeath unto my Wife Margaret Crundwell absolutely all Articles of food liquors fuel and housekeeping Stores and provisions which shall be belonging to me at my decease

And I give devise and bequeath all that my Farm called Upper Hayesden Farm containing fifty five Acres or thereabouts situate at Hayesden in the parishes of Leigh Bidborough and Tonbridge in the said County of Kent and in the occupation of Lawrence Foster And all that piece of Land (formerly part of the waste of the Manor of Southborough) containing half an Acre or thereabouts situate at the Western part of Southborough Ihirth [Erith?] in the Parish of Tonbridge aforesaid and in the occupation of John Gallard And all other my Real Estate (if any) whatsoever and wheresoever
And all my Household Goods and Furniture money securities for money Shares in the Saint Katherine Docks and Aliance Insurance Companies Goods Chattels and other Personal Estate and Effects (not hereinbefore specifically bequeathed)
And all other the property over which I have any disposing power other than and except nevertheless such Estates as are held by me as a Trustee or Mortgagee unto my Sons Thomas Crundwell and Henry Crundwell their Heirs Executors Administrators and Assigns Upon the trusts following (that is to say)

Upon Trust that they the said Thomas Crundwell and Henry Crundwell or the Survivor of them or the heirs executors or administrators of such survivor do and shall as soon as conveniently may be after my decease call in and convert into money such parts of my said Personal Estate as shall not consist of ready money and absolutely sell and dispose of my said Real Estate either altogether or in parcels and by Public Auction or Private Contract or partly by Public Auction and partly by Private Contract for such Sums as the said Trustees or Trustee shall think proper And the said Trustees or Trustee shall stand possessed of and interested in the money to arise from the conversion and sales hereinbefore directed to be made and of and in my ready money Upon the Trusts following (that is to say)

Upon Trust by with or out of the same monies respectively to pay or satisfy and retain all my just debts funeral and testamentary expences and all expences incident to the Trusts hereby created And Upon further Trust to lay out the surplus of the same monies in their or his names in or upon the Public Stocks or Funds of Great Britain or on Good or Real Securities in England or the Stocks or Securities of the Governor and Company of the Bank of England with full power from time to time as often as occasion may require to vary or transpose the same stocks Funds or securities for others of a like nature And Upon further Trust to pay the interest dividends and income of the said trust monies stocks Funds and securities unto my said wife Margaret Crundwell or empower her to receive the same for the term of her natural life if she shall so long continue my Widow and unmarried

And I direct that in case the said Trust Monies or any part thereof shall happen to be invested in the Public Funds or on other Securities at the time of the marriage or decease of my said wife she shall be entitled to a proportion of the current dividend or dividends arising therefrom for the period that may elapse between the last day of payment and such her marriage or decease And I direct that in the event of my said wife marrying again she shall thenceforth during the remainder of her natural life be entitled to one moiety of half part only of the interest dividends and income of he said trust monies stocks Fund and securities

And from and immediately after the decease of her my said wife then as to the principal of all the said trust monies stocks Funds and securities herein before bequeathed and in the vent of my said wife marrying again thereof from and immediately after her marriage as to one moiety or half part of the same trust monies stocks Funds and securities In Trust for my four Children namely the said Thomas Crundwell and Henry Crundwell Ann Crundwell and George Crundwell and any other Child or Children (if any) I may hereafter have to be equally divided between them respectively for their respective absolute use and benefit

And I declare that if either or any of my said Children shall die in my lifetime ad without leaving lawful Issue living at my decease then the share or shares of him her or them so dying shall go and belong to and be In Trust for the survivors or survivor of them my said Children and the Issue of any of my said Children who shall be then dead leaving Issue to be equally divided between them such Issue nevertheless taking only the share or respective shares which his her or their parent or respective parents would have taken if living at my decease

And I declare that in the mean time and until the sale of my said Real Estates the Trustees or Trustee for the time being of this my Will shall be at liberty to let the same or any part or parts thereof for any time not exceeding seven years in possession at such rents and subject to such stipulations as they or he shall deem proper

And I further give and devise unto the said Thomas Crundwell and Henry Crundwell their Heirs and Assigns all Estate held by me in trust or by way of Mortgage Upon and subject nevertheless to the same or like trusts or provisions as the same Estates are or shall be held by me And I direct and declare that in case the said Thomas Crundwell and Henry Crundwell or either of them or any Trustee or Trustees to be appointed under this present provision shall die or become unwilling or unable to act in the aforesaid trusts before the same shall be fully performed then and in every such case it shall be lawful for the surviving or acting Trustee or Trustees for the time being of this my will or if there be none such for the unwilling Trustee or Trustees or in case all the Trustees shall have departed this life then for the Executors or administrators of the last surviving Trustee with the counsel in writing of my said Wife during her life and afterwards of the proper authority of the person or persons to whom the present power is given to nominate any fit person or persons to supply the place or places of the Trustees or Trustee so dying or becoming unwilling or unable to act as aforesaid and that immediately after every such nomination the said trust premises shall be conveyed and transferred so and in such manner as that the same may vest in the surviving or continuing Trustees or Trustee and in such new Trustees or Trustee of n such Trustees or Trustee solely as the case may require And such new Trustees or Trustee shall be entitled to exercise the same powers and authorities in relation to the said Trusts as if he or they had been appointed a Trustee of Trustees by this my Will

And I hereby further declare that the receipts of the Trustees or Trustee for the time being under this my will for the monies to arise from the sale of my said Real Estate and for any other sum or dividend payable to them or him under or by virtue of this my will shall effectually discharge the persons paying the same from all obligation of seeing to the application and all liability for the nonapplication or misapplication thereof And I hereby also declare that the Trustee and Trustees for the time being of this my Will shall be charged and chargeable only with such monies as they respectively shall actually receive by virtue of the trusts hereby reposed in them respectively notwithstanding their joining in any receipt or other act for the sake of conformity only and shall not be answerable or accountable for any loss fortune or damage which may happen in the execution of the aforesaid trusts or any of them or in relation thereunto unless the same shall happen by or through their or his own wilful default

And also that it shall be lawful for the said Trustees respectively by and out of the monies which shall come to their or his hands respectively to retain or allow to each other all costs charges damages and expences which they respectively shall sustain or expend in or about the execution of the said Trusts or in relation thereof

And I do nominate and appoint the said Thomas Crundwell and Henry Crundwell Executors in trust of this my Will with power to compound debts and adjust and settle claims

In Witness whereof I the said Thomas Crundwell the Testator have to this my last Will and Testament contained in three sheets of paper set my hand this first day of December one thousand eight hundred and forty
Thos. Crundwell

Signed by the said Thomas Crundwell the Testator in the joint presence of us who in his presence and in the presence of each other have hereunto subscribed our names as witnesses
Sydney Alleyne Solr. Tonbridge Samuel Ashdown his Clerk

This is a Codicil to the within last Will and Testament of me Thomas Crundwell of Tonbridge in the County of Kent Gentleman

Whereas by my said Will I have appointed my Sons Thomas Crundwell and Henry Crundwell Trustees and Executors thereof Now it is my Will that my Son George Crundwell shall also be one of the Trustees and Executors of my said Will in addition to and in conjunction with my said Sons Thomas Crundwell and Henry Crundwell

And I direct that my said Will shall be read and construed as if the name of the said George Crundwell had been inserted there in conjunction with the names of my said Sons Thomas Crundwell and Henry Crundwell
And I confirm my said Will in all other respects

In Witness whereof I the said Thomas Crundwell have to this Codicil set my hand this fourteenth day of March one thousand eight hundred and forty four
Thos. Crundwell

Signed by the said Thomas Crundwell the Testator in the joint presence of us who in his presence and in the presence of each other have hereunto subscribed our names as witnesses
Sydney Alleyne Solr. Tonbridge Thoms F. Walker Tonbridge

Proved at London with a Codicil 10th Novr. 1844 before the Judge by the Oaths of Thomas Crundwell and Henry Crundwell the Sons the Executors now named in the Will and George Crundwell the Son also the Executor named in the Codicil to whom admon. [administration] was granted having been first sworn by Comon [Commission] duly to administer.

Transcribed by Mrs. Shelagh Mason, 6th June 2020

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