Will of Austen Gardner

of Bekesbourne, Kent

I do hereby devise and bequeath all my real and Personal Estates whatsoever and wheresoever subject nevertheless and charged and chargeable with my just debts unto my dear Wife Sarah Gardner my dear brothers Robert Gardner and William Gardner of the aforesaid Parish of Beaksbourn and my dear brother in law Richard Sladden of the Parish of Thannington in the aforesaid County of Kent their heirs executors and administrators upon the trusts and to and for the intents and to and for the intents and purposes hereinafter mentioned and declared of and concerning the same

and I do hereby give and grant unto my said executrix & executors full power and authority to sell and dispose of my said estates or to raise money thereon by way of mortgage or otherwise and also to carry on increase decrease or part with my present business of a Farmer in any way they or the survivors or survivor of them may think most beneficial to my dear wife and children and the receipt or receipts of my said Executrix & Executors or the survivors or survivor of them shall be a good discharge for all monies which may be received by them or him under or by virtue of this my Will

and my Will and desire is that my said executrix & executors shall pay or cause to be paid to my old Servant John Jordon of Beaksbourne aforesaid during his lifetime the sum of seven shillings weekly

And my Will and desire is that the rest of my property shall be divided amongst my dear wife and children whenever my executrix & executors think proper so to do and that my dear wife shall receive two shares in proportion to each child�s one share and that each of my dear children shall share alike
and I hereby give and grant unto my said executrix & executors a discretionary power and authority provided they do not approve of the conduct of any of my said children to withhold for their benefit their said respective shares or any part thereof and the receipts of such children shall alone be a sufficient discharge to my trustees it being mind and will that no creditor of any of my said children shall be enabled to compel the payment thereof and that the same shall not be answerable for any of my said children�s debts

And I hereby give full power and authority for my executrix & executors if they think proper to apply without interest being paid for the same any sum or sums of money not exceeding twelve hundred pounds to each child towards the advancement of any of the said children in business or otherwise at any time before a general distribution of my property is made such sum or sums so advanced to each or either of them to be considered as portions of their respective shares nevertheless if such sum or sums so advanced to either of them should be wholly or in part lost in trade or business from circumstances which appear to my executrix & executors were not caused by any want of prudence or necessary caution on the part of any of my children for whom such advances then and in such case my said executrix & executors shall be at liberty to make up out of my estate before it is divided any part of such loss that they may think proper

And I do hereby nominate constitute & appoint the said Sarah Gardner Robert Gardner William Gardner & Richard Sladden Executrix & Executors of this my Will and declare that my said executrix & executors shall not be answerable or accountable for any loss which may happen in putting out my estate or any part thereof to interest or otherwise or in carrying on my business and each of them only for the money that they may receive and not for joining in any receipt or receipts for money which belongs to my estate And I hereby declare that this my Will shall be construed according to the true intent and meaning thereof and that in case of any dispute arising the decision of the majority of my executrix & executors or the survivors or survivor of them as to such the true intent and meaning (they having been informed during my lifetime of the same) shall be final & biding on all parties and not be subject to legal interference

and I hereby revoke all former and other wills made by me and declare this to be my last Will and Testament
In Witness whereof I have set my hand and seal this thirty first day of January one thousand eight hundred and thirty eight _ Austen Gardner
(Attestation Clause)
H M Noyes Spinster of Beaksbourn _ John Spratt Householder of Beaksbourn _ Sarah Spratt Wife of the above John Spratt

I hereby devise and bequeath all my two shares which I hold in a certain Corn Windmill situate in the Parish of Beaksbourn aforesaid (except money which I may have employed in carrying on the business of the said Mill) unto my dear Son Robert Gardner notwithstanding anything to the contrary which may be contained in the annexed my will signed the sixth day of March one thousand eight hundred and thirty eight Austen Gardner
_ In the presence of us _ Austen Gardner Junr _ Robert Gardner _ Sons of the said Austen Gardner

(Personal Appearance by Austen Gardner the younger on 30 June 1838)

Proved at London with a Codicil 3 July 1838 to Sarah Gardner power reserved to the other two Executors
Further Grant 19 July 1840 to Robert Gardner William Gardner and Richard Sladden

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