Will of Henry Crundwell

of Tonbridge, Kent

I nominate and appoint my brother Thomas Crundwell and my son in law John Chantler and my sons William Thomas Crundwell and Henry Crundwell the younger joint Executors of this my will and Guardians of such of my children as shall not have attained the age of twenty one years at the time of my decease

I direct my said executors to find and provide mourning for my wife Elizabeth Crundwell in case she shall survive me and for such of my daughters as shall be unmarried at the time of my decease
And I give and bequeath unto said wife all my household furniture, plate, linen, china, glass, books, pictures, prints, beer, wines, liquors and all other my household provisions and effects absolutely

And I give devise and bequeath unto the said Thomas Crundwell, John Chantler, William Thomas Crundwell and Henry Crundwell the younger their heirs executors administrators and assigns all estates vested in me as a trustee or mortgagee subject to the equities affecting the same respectively
And I give and devise to them the said Thomas Crundwell, John Chantler, William Thomas Crundwell and Henry Crundwell the younger their heirs executors administrators and assigns All that messuage or tenement commonly called “Southborough Lodge” with the gardens cottage outbuildings and several pieces of parcels of land containing the whole by estimation thirteen acres be the same more or less situate lying and being at a place now or heretofore called “Nonsuch Green” and near Southborough and in the Parish of Tonbridge aforesaid now in the occupation of Mr. Walthew

And also (subject to a certain agreement bearing even date herewith and made between me and my said sons and to the several stipulations powers and provisions thereof) all that messuage or tenement with the tan yard outbuildings and several pieces or parcels of land and premises thereto belonging containing by estimation altogether nine acres be the same more or less situate and being at or near Southborough in the Parish of Tonbridge aforesaid and in the respective occupations of myself and my said sons
And also all those three messuages or tenements with the gardens and appurtenances thereto respectively belonging situate and being near the Church of Southborough aforesaid and in the several occupations of Thomas Dives Humphrey, Thomas Chantler and Samuel Hurrion
And also all other my real estate whatsoever and wheresoever To hold the same unto the said Thomas Crundwell, John Chantler, William Thomas Crundwell and Henry Crundwell the younger their heirs and assigns

Upon trust that they or the survivors or survivor of them or the heirs of such survivor or their or his assigns or other the trustees or trustee for the time being of this my will do and shall at any time or times when and if he or they shall in his or their discretion think fit (but not until or unless he or they shall think fit and expedient) make sale and dispose of all my said hereinbefore mentioned freehold estates and property or any part or parts thereof either by public auction or private contract or partly by public auction and partly by private contract and either at one or at different times and either altogether or in lots as the said trustee or trustees shall think fit and with liberty to buy in the same or any part thereof at any auction and to resell the same at any future auction or by private contract without being answerable for any loss or diminution in price by reason of such buying in and sales and do and shall convey or assure the same when sold unto the person or persons who shall agree to become the purchaser or purchasers thereof and his and their respective heirs and assigns or as he or they shall appoint
And do and shall receive the money or monies produced by such sale or sales and after deducting thereout the costs charges and expences which shall have been incurred therein or in the completion thereof or as incidental thereto do and shall lay out and invest the surplus to arise and be produced from such sale or sales and which shall not be necessary to answer the said costs charges and expences in the name or names of the trustee or trustees for the time being of this my will in the purchase of a share or shares in the parliamentary stocks or funds of Great Britain or at interest upon government or real securities in England

and shall or may from time to time during the continuance of the trusts hereinafter declared concerning the same alter vary and change the said stocks funds and securities in or upon which the said trust monies or any part thereof shall from time to time be invested to others of the same or the like nature and do and shall from time to time stand and be possessed of the same trust monies and of the stocks funds and securities and also of the income dividends and annual profits thereof Upon the several trusts and for the several uses and intents and purposes hereinafter declared concerning the same

And I hereby declare that the receipt or receipts of the said trustees or trustee for any monies that shall be received by him or them under or in consequence of such sale or sales as last aforesaid or under the powers and provisions of the said agreement or which shall be received by him or them under or in consequence of the sale or other disposition of other my estates and effects hereinafter by me bequeathed to them upon trust shall severally and respectively be a good and sufficient discharge or good and sufficient discharges to the person or persons respectively who shall pay the same respectively to the trustee or trustees for the time being of this my will for so much money or monies as in each and every such receipt respectively shall be expressed or acknowledged to be or to have been received
And that the purchaser or purchasers or other the person or persons who shall so pay the same and obtain such receipt respectively shall not be obliged or required to see to the application thereof or be answerable for the misapplication or nonapplication thereof or any part thereof

And I give and bequeath unto the said Thomas Crundwell, John Chantler, William Thomas Crundwell and Henry Crundwell the younger their heirs executors administrators and assigns All the Rest Residue and Remainder of my ready money and money due and owing to me upon security or otherwise and of all other my personal estate and effects whatsoever and wheresoever the same may be upon trust to sell and convert into money such part of my personal estate and effects as shall not consist of money or money owing to me and to permit or suffer any monies owing to me upon security to remain upon the same security so long as he or they shall think fit or call in and compel the payment thereof when and as he or they shall think fit and do and shall collect and call in all other debts due and owing to me
And my will is that my ready money and the money to arise and be produced from such conversion into money of my personal estate and the money to be collected and received on account of my debts when and as the same shall from time to time be received or so much thereof as shall not be required to answer & pay the debts due and owing by me and the costs and charges of my funeral and of the proving of this my will and other the costs an charges incidental to carrying the trusts or directions thereof into execution shall also be laid out and invested by the trustee or trustees for the time being of this my Will in their or his own names or name in or upon such stocks funds and securities and with such power to alter vary and change the same as are before mentioned with respect to monies produced by the sale of my real estates

And my will is and I do hereby declare that the monies so to be raised by the sale of my real estates (subject to such directions as aforesaid) and also the monies to be realized by the sale of my personal estate and effects and also all other the personal estate bequeathed to my said trustees and the stocks funds and securities whereon the said trust monies may be invested and the interest income and dividends thereof shall be had by the trustees or trustee of this my will Upon and for the several trusts intents and purposes hereinafter declared concerning the same (that is to say)

In Trust to pay to my said Wife Elizabeth Crundwell the annual interest income and dividends arising therefrom during the term of her natural life if she shall so long continue my widow for her own absolute use and benefit
and from and after her decease or second marriage which shall first happen then In trust or my five children, vizt. Mary the Wife of the said John Chantler; the said William Thomas Crundwell; the said Elizabeth Crundwell; the said Henry Crundwell the younger and Eliza Crundwell and their respective executors administrators and assigns in equal shares and proportions as tenants in common

Provided always and my will is that in case the said Eliza Crundwell shall depart this life under the age of twenty one years and without having been married then her share of the said trust monies stocks funds and securities shall go and belong to and be held in trust for the other or others of them my said five children equally as tenants in common

Provided also and my will further is and I do hereby direct and declare that it shall and may be lawful to and for the said trustees or trustee for the time being of this my will to apply all or any part of the dividends interest and income arising from the share of my said daughter Eliza Crundwell of and in the said trust monies stocks funds and securities during her minority in or towards her maintenance or advancement in such manner as the said trustees or trustee shall think fit and further that as much of the interest dividends and annual income arising from the share of my said daughter Eliza Crundwell as shall not be applied for her maintenance and advancement shall from time to time be added to the principal monies of the same share and be improved at interest together with the same and as a part thereof by way or in the nature of compound interest and renew and be subject to all the limitations trusts and dispositions hereinbefore and hereafter expressed declared and contained of or concerning the principal of the same share

Provided further and I do hereby also direct and declare that in case all or any of them the said Thomas Crundwell, John Chantler William Thomas Crundwell and Henry Crundwell the younger or any trustees or trustee to be appointed under this present provision in their or either of their place shall depart this life or be desirous of being discharged of and from the aforesaid trusts or shall go to reside beyond the Seas or shall neglect or refuse or become incapable to act in the said trusts before the same shall be fully executed and performed
Then and in that case and as soon and as often as the same shall happen it shall or may be lawful to and for the acting trustee or trustees of this my will or the last acting trustee or his executors or administrators to nominate any fit person or persons to occupy the place of the trustee or trustees respectively so dying, desiring to be discharged or going to reside beyond the Seas or neglecting or refusing or becoming incapable to act as aforesaid And that immediately after every such appointment the trust estate monies and effects which shall then be vested under and by virtue of this my Will in the trustee or trustees respectively so dying, desiring to be discharged or going to reside beyond the Seas or neglecting or refusing or becoming incapable to act as aforesaid shall be conveyed assigned and transferred so and in such manner as the same may vest in such new trustees or trustee jointly with the surviving or continuing trustee or solely as the case may require and in his her or their heirs executors administrators and assigns upon the trusts hereinbefore expressed and declared of and concerning the same or such of them as shall the be subsisting and undetermined
And that every such new trustee shall have and may exercise the same powers privileges and authorities of sale conversion discretion and of giving effectual receipts maintenance advancement and all other powers and authorities whatsoever as if he had been appointed a trustee by this my will and as if his name had been inserted in this my will instead of the name of the trustee hereby appointed in or to whose place such new trustee respectively shall come or succeed

And I hereby further declare that the said trustees and trustee shall be charged and chargeable only with such money 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 banker broker or other person with whom or in whose hands the said trust monies or any part thereof shall be placed for safe custody nor for the insufficiency of any security upon which the same shall be invested nor for any other loss damage or misfortune which may happen in the execution of the aforesaid trusts or any of them unless the same shall happen by or through their own wilful default

And further that it shall and may be lawful to and for my said trustee or trustee for the time being in his or their discretion to compound any debt or debts owing or to be owing to me or my trust estate and to accept part thereof in full for the same or to give or allow an enlarged [delayed?] day for the payment thereof and also to sign the Certificate of any bankrupt and to pay any debts which shall be claimed to be owing from me in such manner and on such evidence as he or they shall think proper to admit
And that he or they shall or may refer to arbitration or arbitrations and umpirage any difference which in the execution of the trusts shall or may arise between him or them and any other person or persons which is or are or shall or may admit to be a debtor or debtors to or claim to be a Creditor or Creditors of my said trust estate and that the award or determination which shall be made on such reference or umpirage shall be binding and conclusive on all persons claiming any benefit under this my will

And lastly I hereby revoke all former wills and other testamentary dispositions by me at any time heretofore made and do declare this to be and contain my last will and testament

In Witness whereof I the said Henry Crundwell the testator have to this my last will and testament contained in six sheets of paper set my hand to each sheet thereof the day and year in the first sheet first written
Hy Crundwell

Signed by the said testator as his last will and testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as attesting Witnesses (the words “under the powers and provisions of the said agreement or” having been inserted in the third sheet)
D. T? Saxby Southborough - John Carnell Tonbridge

Proved at London 25th July 1848 before the Judge by the oaths of John Chantler and William Thomas Crundwell and Henry Crundwell the sons the surviving executors to whom admon. [administration] was granted having been first sworn by Com'on duly to administer. Exd.

Notes:
Henry Crundwell was buried, aged 63, at St. Peter, Southborough, Kent on 21st June 1848.
Henry’s wife, Elizabeth Crundwell, was buried, aged 81, at St. Peter’s on 17th March 1869.
Henry Crundwell, of SS Peter & Paul, Tonbridge, Kent and Elizabeth Pack, Spinster & Minor (by and with a consent of John Costain, Guardian of the same Elizabeth Pack), also of SS Peter & Paul, were married on 21st August 1807 at SS Peter & Paul, Tonbridge, Kent. Witnesses were: William Woodhams and Mary Pack.
Their children (Henry, their father, was given as “Tanner of Southborough”:
22 Jan 1808 Mary Katherine (n. 13 Dec 1807) at SS Peter & Paul, Tonbridge, Kent; 24 Aug 1810 William Thomas at ”Tunbridge”; 21 Feb 1815 Elizabeth; 14 Apr 1819 Henry; 24 Apr 1821 Eliza – all at St. Lawrence, Bidborough, Kent – which is about 1.5 miles from Southborough.
Daughter Eliza Crundwell died and was buried 27 Sep 1851, aged 30, at St. Peter, Southborough, Kent.

Transcribed by Shelagh Mason 6th February 2021

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