Will of William English

of Westerham, Kent

First I make ordain and appoint my dear Wife Ann English John Gasson of Bowbeech in the Parish of Chiddingstone in the said County of Kent Yeoman and Edward Atkinson of Limpsfield in the County of Surry Farmer and Shopkeeper joint Executrix and Executors of this my will

And I give and bequeath all articles of food and liquors and other provisions for housekeeping and all the household Furniture plate linen glass china books pictures prints and other household effects which shall be in and about my dwelling house at the time of my decease unto my said wife Ann English to and for her own absolute use ad benefit

And I give and bequeath into Thomas Nightingale (the Son of my said Wife’s brother Thomas Nightingale) a legacy or sum of five hundred pounds to be paid to him on his attaining the age of thirty years but without any interest for the same in the meantime

And I give and bequeath unto the said Ann English John Gasson and Edward Atkinson their executors administrators and assigns all the money and securities for money money in the public stocks or funds debts goods chattels and other personal estate and effects whatsoever not hereinbefore disposed of of or to which I or any person or persons in trust for me shall be possessed or entitled at the time of my decease for any estate or interest whatsoever upon the several trusts hereinafter declared thereof (that is to say)

Upon trust that they the said Ann English John Gasson and Edward Atkinson and the survivors or survivor of them or the executors administrators or assigns of such survivor do and shall as soon as conveniently may be after my decease call in and convert into money such part or parts of my said estate as shall not consist of money or fundes on government or real securities which they he or she shall think it expedient to retain on the existing securities thereof and do and shall stand possessed of and interested in the monies to arise therefrom and in the money of which I shall be possessed at the time of my decease

Upon trust in the first place by and out of the same respectively to pay my funeral and testamentary expences and all debts due and owing by me at the time of my decease and also the said legacy of five hundred pounds when and as soon as the same shall become payable and also to pay unto the said John Gasson and Edward Atkinson or permit them to retain the sum of twenty pounds apiece for the trouble they may have in the execution of the trusts hereby reposed in them

And in the next place to lay out and invest the residue thereof in their his or her names or name in the parliamentary stocks or public funds of Great Britain or at interest upon Government or real securities in England or Wales and from time to time when and as they he or she may seem it advisable to vary or transpose as well the stocks funds or securities whereon such investment shall be made as the stocks funds or securities which shall or may be retained as aforesaid for others of the like nature

And I do hereby declare that the said Ann English John Gasson and Edward Atkinson and the survivors or survivor of them or the executors administrators or assigns of such survivor do and shall stand possessed of and interested in the said trust monies stocks funds and securities respectively and the interest dividends and annual income thereof upon the several trusts and for the intents and purposes hereinafter declared of and concerning the same (that is to say)

Upon trust to pay unto my Father George English during the joint natural lives of himself and my Mother Mary his Wife and unto the survivor of them during his or her natural life an annuity or clear yearly sum of twenty eight pounds sterling the same to commence from the day of my decease and to be paid quarterly or as near thereto as circumstances will permit and a proportionate part thereof to be paid up to the respective deaths of them the said George English and Mary his wife
and subject thereto Upon trust to pay unto or permit and suffer or authorize and empower my said wife Ann English to receive and take the interest dividends and annual income of the said trust monies stocks funds and securities respectively for and during the term of her natural life with a proportionate part thereof for such period as shall elapse between the last day of payment and her decease

And I declare that the same interest dividends and annual income shall not be subject or liable to the debts controul or engagements of any future husband with whom my said wife may intermarry but shall be for her sole and separate use and benefit and that her receipts alone notwithstanding her coverture shall be good and sufficient discharges for the same

And I declare that from and immediately after the decease of my said wife my said trustees or trustee for the time being do and shall stand possessed of and interested in the said trust monies stocks funds and securities respectively (subject to the trusts hereinbefore declared in favour of the said George English and Mary his wife) Upon the several trusts hereinafter declared thereof (that is to say) as to for and concerning one thousand five hundred pounds sterling part thereof in trust for my three sisters _____ English Mary English and Hester English to be divided between them in equal shares and proportions

And I declare that in case of the death of any one or more of my said sisters in the lifetime of my said wife leaving a child or children living at my said wife’s decease then the share to which each such sister so dying would have been entitled if she had survived my said wife shall be in trust for all and every her children and child who being a son or sons shall attain the age of twenty one years and being a daughter or daughters shall attain that age or marry and to be divided between them (if more than one) in equal shares and proportions and if there shall be but one such child who being a son shall attain the age of twenty one years or being a daughter shall attain that age or marry then the whole of such share shall be in trust for such one child and if there shall be no such child or such sister shall not leave issue living at the time of my said wife’s decease then my said trustees or trustee for the time being shall stand possessed of such share as aforesaid in trust for the survivors or survivor of my said sisters their executors administrators and assigns in the same or the like manner as is hereinbefore directed touching their of her original share or shares

And I declare that it shall be lawful for my said trustees or trustee for the time being to apply for or towards the maintenance and education or otherwise for the benefit of any child or children of either or any of my said sisters presumptively entitled to a portion or portions under this my will all or any part of the income of the presumptive portion or portions of such child or children during the period of his her or their minority or respective minorities or discoverture or respective discovertures as the case may be as to such trustees or trustee shall soon proper and in airs to raise and apply for or towards the preferment, advancement or establishment in the world of any such child or children any part not exceeding one half of the principal of the presumptive portion or potions of such child or children as my said trustees or trustee shall think proper (subject nevertheless and without prejudice to the several estates and interest respectively hereinbefore limited in trust as aforesaid

(Note here in this will copy: the following is interlined in the original, as indicated by underlining):
And in case my said three sisters shall depart this life in the life time of my said wife without leaving issue who shall be living at the decease of my said wife then my will is that the said sum of one thousand five hundred pounds shall be in trust for my next of kin and to be applied according to the statute of distribution for intestates estates and

Upon further trust that my said trustees or trustee or the time being do and shall from immediately after the decease of my said wife but subject nevertheless to the trusts last hereinbefore declared respectively the said sum of one thousand and five hundred pounds pay unto the said Thomas Nightingale (the brother of my said wife) during the joint natural lives of himself and Mary his wife and unto the survivor of them during his or her natural life an annuity or clear yearly sum of twenty pounds sterling the same to be paid quarterly or as near thereto as circumstances will permit and a proportionate part thereof to be paid up to the respective deaths of them the same Thomas Nightingale and Mary his wife

and upon further trust that my said trustees or trustee or the time being do and shall from immediately after the decease of my said wife (subject nevertheless to the several trusts aforesaid) stand possessed of the sum of four hundred pounds sterling further part of the said trust monies stocks funds and securities In trust for my said wife’s Niece Mary Nightingale (the daughter of the said last mentioned Thomas Nightingale and Mary his wife) to be paid her at the times and in manner following (that is to say) As to two hundred pounds part thereof on her attaining the age of twenty five years and as to the remaining two hundred pounds part thereof on the decease of her said Father and Mother the said Thomas Nightingale and Mary his wife

And I declare that in case the said Mary Nightingale (the Niece of my said Wife) shall not have attained the age of twenty five years at the decease of my said wife that then my said trustees or trustee for the time being do and shall in the meantime invest the first mentioned sum of two hundred pounds and apply the interest thereof for her benefit in such manner as the same trustees or trustee shall think proper and as to all the said trust monies stocks funds and securities (subject nevertheless without prejudice to the several trusts hereinbefore declared respecting the same)
I will and direct that my said trustees or trustee for the time being do and shall stand possessed of and interested in the same In trust for the said Thomas Nightingale (the Nephew of my said Wife) his executors administrators and assigns to be paid assigned and transferred to him or them respectively as soon as the deaths of parties and other circumstances incident to and concerned with the trusts of this my will will present

And I declare that in case the said last named Thomas Nightingale shall not have attained the age of thirty years at my decease that then the said legacy of five hundred pounds hereinbefore bequeathed to him shall be invested by my said trustees or trustee and the interest thereof in the meantime paid to my said wife for her sole and separate use and benefit in the same manner as is hereinbefore directed with respect to the provision hereinbefore made for her life as aforesaid

Also I give and devise unto the said Ann English John Gasson and Edward Atkinson their heirs and assigns all the messuages lands tenements and hereditaments vested in me as a trustee or mortgagee in fee to hold the same unto and to the use of them the said Ann English John Gasson and Edward Atkinson their heirs and assigns upon and subject to the several trusts and equities affecting the same hereditaments respectively

And I do hereby declare that the receipts in writing of the said trustees or trustee for the time being of this my will for any sum or sums of money payable to them or him under or by virtue of this my will shall be sufficient discharges for the same respectively or for so much thereof respectively as shall be thereby expressed to be received and that the person or persons to whom the same shall be given shall not afterwards be answerable for any loss misapplication or nonapplication or be obliged to see to the application thereof or any part thereof

Provided always and I do hereby declare that if the said trustees hereby appointed or any trustees or trustee to be appointed as hereinafter is mentioned or their respective executors administrators or assigns or any of them shall depart this life or decline or become incapable to act in the trusts hereby created then and so often as it shall so happen it shall be lawful for the surviving or continuing trustees or trustee by any deed legally executed to appoint a trustee or trustees in the room of the trustee or trustee so dying or declining or becoming incapable to act and upon the appointment of any such new trustee or trustees the said trust estate and premises shall be vested in the new trustee or trustees jointly with the surviving or continuing trustees or trustee or solely as occasion shall require and every such new trustee shall have the same powers and authorities as the trustee in whose room he shall be so appointed

And I do hereby also declare that the trustees hereby appointed or to be appointed as hereinbefore is mentioned shall not be answerable the one for the other of them nor for the signing receipts for the sake of conformity or for involuntary loss and that it shall be lawful for them out of the monies which shall come to their hands by virtue of this my will to reimburse themselves their costs and expences in discharging the trusts hereby reposed in them

In Witness whereof I the said William English have to this my last Will and Testament contained in six sheets of paper set my hand and seal (that is to say) my hand to the five preceding sheets and my hand and seal to this sixth and last sheet this thirteenth day of April in the Year of our Lord one thousand eight hundred and thirty three
William English

Signed sealed published and declared by the said William English the testator as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as Witnesses thereto (The interlineation between the fourth and fifth lines from the bottom of the third sheet having been first made)
Willm Scoones - Sydney Alleyne J.D. Moneypenny Clerks to Messrs. W. & S. Scoones, Tonbridge

Proved at London the 9th July 1834 before the Judge by the Oaths of Ann English Widow the Relict John Gasson & George Atkinson the Executors to whom admon. was granted having been first sworn by Common [Commission] duly to administer.
Exd.

Note: Discoverture – an obsolete word in law, referring to a state of being released from coverture; the freedom of a woman from the coverture of a husband.

Transcribed by Shelagh Mason 2nd July 2020.

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