And I give and bequeath one annuity or clear yearly sum of five pounds of lawful money of Great Britain free from all taxes and other deductions whatsoever unto Caroline Robbins (the Widow of John Robbins late of the Parish of Kingston in the said County of Kent deceased) and her assigns for and during the term of her natural life
Also I give and bequeath one other annuity or like yearly sum of five pounds of lawful money of Great Britain free from all taxes and other deductions whatsoever unto Susannah Tunbridge (the Wife of Thomas Tunbridge the Elder of Alkham in the said County of Kent Carpenter) and her assigns for and during the term of her natural life
And I will and direct that the said respective annuities be paid by equal half yearly payments upon
the two following days in every Year (that is to say) the sixth day of April and the eleventh day of October the first payment thereof
respectively to begin and to be made on such of the said days as shall first happen next after my decease
And I will and direct that the said annuities or yearly sums respectively be paid and payable by and
out of my Personal Estate
and I give and devise unto my friend William White of the Town and Borough of Deal aforesaid Gentleman his heirs and assigns all
and every my Freehold messuages lands tenements and hereditaments and part or share or parts and shares of and in any Freehold
messuages lands tenements and hereditaments and all other my Real Estate whatsoever and
wheresoever whether in possession reversion remainder or expectancy and which either at law or in
equity I have any power to dispose of with their and each of their appurtenances to hold the same
unto and to the use of him the said William White his heirs and assigns upon the trusts and to and
for the ends intents and purposes by me hereinbefore expressed and declared of and concerning the same (that is to say)
my mind and will is and I do hereby direct that he my said trustee his heirs and assigns should stand
seized of my said Freehold and Real Estates upon trust with all convenient speed after my decease to
make absolute sale of the same and every part thereof unto any person or persons whomsoever either
by public auction or private Contract and either altogether or in parcels for the best price or prices in
money that can be reasonably had or gotten for the same with power to purchase in the same or any
part thereof if put up for sale at any public auction without liability for the loss (if any) which shall or
may be sustained thereby and to enter into make and execute all such Contracts Covenants
agreements conveyances and assurances as he or they shall deem requisite for effectuating such sale or sales
And I do hereby direct that he my said trustee his heirs exors. and admors. [executors and
administrators] shall stand and be possessed of and interested in all the monies to arise and be
produced from the sale and sales of my said freehold and real Estates upon the trusts and to and for
the ends intents and purposes hereinafter expressed declared and contained of and concerning the same
And as to for and concerning all and singular my goods, chattels and effects, debts due and
owing to me, monies, securities for money, money in any of the public stocks or funds of this
Kingdom and all other my Personal Estate whatsoever and wheresoever and of what kind or nature
soever the same shall be or consist at the time of my decease subject to the payment of all my just
debts, funeral expences, the costs and charges of proving and executing this my Will the annuities
aforesaid and the legacy by me hereafter given to my trustee and Executor
I give and bequeath the same and every part thereof unto the said William White his exors. admors. and assigns Upon trust
with all convenient speed after my decease to sell dispose of, call in, compel payment of and convert into money the said Personal Estate
and Effects or such part thereof as shall not consist of money and to stand possessed of and interested in the money
arising therefrom and of and in such part of my Personal Estate as shall consist of money upon the
trusts and to and for the ends intents and purposes hereinafter expressed declared and contained of and concerning the same
And I do hereby declare that the said William White his heirs exors. and admors. shall stand and be possessed of and interested in the
monies to arise by the sale and sales of my said freehold and Real Estates and of and in the monies to arise by the sale, disposition,
calling in, compelling payment of and conversion of my Personal Estate and Effects (not consisting of
money) and of and in such part of my Personal estate as shall consist of money upon the trusts and to
and for the ends intents and purposes hereinafter expressed and declared of and concerning the same (that is to say)
As to one full equal third part or share thereof In trust for my Nephew John Mourilyan of Deal aforesaid Gentleman his exors. admors. and assigns to and for his and their own absolute use and benefit
as to one other full equal third part or share thereof In trust to lay out
and invest the same and every part thereof all interest in some one or more of the public Stocks or
funds of this Kingdom or upon Government or Real securities in England and from time to time to
alter vary and transpose the same for into or upon other stocks funds or securities of a like nature and
do and shall stand possessed of such stocks funds or securities and the incomes thereby secured in
trust during the life of my Nephew Samuel Mourilyan of Deal aforesaid Taylor to pay the dividends
interest and annual produce thereof unto or otherwise permit the same to be received by him my said
Nephew Samuel Mourilyan and his assigns during his life
And from and immediately after his decease and in case Hannah the now Wife of him the said
Samuel Mourilyan shall happen to survive and outlive him then in trust to appropriate such a part
of the said Stocks funds and securities as will produce an annual sum of thirty pounds clear of all deductions and permit and suffer the
same annual sum of thirty pounds to be received by her the said Hannah Mourilyan during her life by two equal half yearly payments in every
year and the first half yearly payment thereof to be made at the end of six calendar months next after the
decease of him the said Samuel Mourilyan
And my mind and will is that from and after the decease of him the said Samuel Mourilyan he the
said William White his exors. admors. and assigns do and shall stand and be
possessed of and interested in the said last mentioned third part of the aforesaid trust monies and the
stock funds and securities in or upon which the same shall be invested or secured and the dividends
interest and annual produce thereof (subject to the said annuity to her the said Hannah Mourilyan
during her life in case she survives the said Samuel Mourilyan as aforesaid)
In trust to pay assign and transfer the same and every part thereof unto and equally between and
amongst all and every the child and children of him the said Samuel Mourilyan now borne or
hereafter to be born equally to be divided between them share and share alike and to their several and
respective exors. admors. and assigns
but in case any or either of such children being a Son or Sons shall happen to die under the age of twenty one years or being a
daughter or daughters under that age and unmarried then I will and direct that the part and share or
parts and hares of him her or them so dying shall be paid assigned and transferred unto and amongst
all and every the survivors and survivor and others or other of such children of him the said Samuel
Mourilyan equally to be divided between such survivors if more than one share and share alike and
to their his or her several and respective exors. admors. and assigns
And as to the other remaining one full equal third part or share of and in the aforesaid trust monies
In trust to pay one equal seventh part [of the said third part] thereof unto Richard Hayman of Deal
aforesaid (one of the children of Richard Hayman the elder late of Upper Deal aforesaid Upholsterer
deceased) his exors. admors. and assigns to and for his and their own use and benefit
One other equal seventh part thereof unto William Hayman of Deal aforesaid Upholsterer (another of the Children of Richard Hayman
the elder deceased) his exors. admors. and assigns
One other equal seventh part thereof unto Robert Hayman of Deal aforesaid Upholsterer (another of the Children of Richard Hayman
the elder deceased) his exors. admors. and assigns to and for his and their own absolute use and benefit
One other equal seventh part thereof unto Thomas Hayman (another of the Children of Richard Hayman the elder deceased) his exors.
admors. and assigns to and for his and their own absolute use and benefit
And my will is that he my said Trustee his exors. admors. and assigns do and shall stand and be possessed of and interested in the
remaining three full equal seventh parts or shares of the said last mentioned one full equal third part or share of the aforesaid trust
monies upon and for the trusts intents and purposes following (that is to say)
As to one full equal fourteenth part or share thereof in trust for Sarah Hayman of Deal aforesaid (the
Widow and Relict of Lancelot Hayman deceased who was another of the Children of the said
Richard Hayman the Elder deceased) her exors. admors. and assigns or her and their own absolute use and benefit
And as to six other full equal fourteenth part or share thereof in trust to lay out and invest the same and every part thereof at
interest in some one or more of the public Stocks or funds of this Kingdom or upon Government or Real Securities in England and from
time to time to alter vary and transpose the same for into or upon other Stocks funds or securities of a like nature
And upon further trust that he my said Trustee his exors. and admors. shall and do stand and be possessed of and interested in the said
last mentioned Stocks funds and securities and the dividends interest and annual produce thereof in trust
for Gideon Hayman, Sarah Hayman, Henry Hayman, Thomas Hayman, William Rigden Hayman and Elizabeth Chitty
Hayman (the six children of the said Lancelot Hayman deceased) or such of them who being a Son or
Sons shall live to attain the age of twenty one years or shall die under that age leaving issue of his or
their body or bodies living at the time of his or their decease or respective deceases or born alive in
time after or who being a daughter of daughters shall attain that age or marry and their respective exors. admors. and assigns to be
divided between or among such children of the said Lancelot Hayman deceased (if more than one) in equal shares and if there shall be
but one such child in trust for that only child his or her exors. admors. or assigns
And as to one other full equal fourteenth part or share of the said remaining three full equal seventh
parts or share of the said last mentioned one full equal third part or share of the aforesaid trust monies in trust
for James Boxer late of Deal aforesaid and now of Calais in the Kingdom of France a Captain in the Royal Navy his exors. admors.
and assigns to and for his and their own absolute use and benefit
And as to four other full equal fourteenth parts or shares of the said three seventh parts or shares of the said last mentioned third part
of share of the aforesaid trust monies
In trust to lay out and invest the same and every part thereof at interest in some one or more of the
public Stocks or funds of this Kingdom or upon Government or Real Securities in England and from
time to time to alter vary and transpose the same for into or upon other Stocks funds or securities of a like nature
And upon further trust that he my said Trustee his exors. and admors. shall and do stand and be possessed of and interested in the said
last mentioned Stocks funds and Securities and the dividends interest and annual produce thereof in trust
for Edward Boxer, Amy Boxer, Mary Ann Boxer and Elizabeth Boxer (the four Children of the said James Boxer by Mary
Elizabeth Knowler Boxer his late Wife deceased who was another of the Children of the said
Richard Hayman the Elder deceased) or such of them as being a Son shall attain the age of twenty
one years or shall die under that age leaving issue of his body living at the time of his decease or born
alive in the time after or who being a daughter or daughters shall attain that age or marry their respective exors. admors. and assigns
to be divided between or among such children of the said Mary Elizabeth Knowler Boxer deceased (if more than one) in equal shares and if
there shall be but one Child in trust for that only child his or her executors admors. and assigns
And as to the other or remaining two full equal fourteenth parts or shares of the said remaining three
full equal seventh parts or shares of the said last mentioned one full equal third part or share of the
aforesaid trust monies in trust
for Evans Crowe the son of Amy Crowe deceased who was another of the Children of the said Richard Hayman the elder deceased) his
exors. admors. and assigns to and for his and their own absolute use and benefit
Provided always and my mind and will further is that in case my said Nephew John Mourilyan shall happen to depart this life in my lifetime
then and in such case I do hereby will and direct that he my said trustee his heirs exors. and admors. do and shall stand and be possessed
of and interested in the said first mentioned one full equal third part or share of the aforesaid trust monies in trust to lay out and
invest one full equal moiety or half part thereof at interest in some one or more of the public Stocks or funds of this Kingdom or upon
Government or Real Securities in England and from time to time to alter vary and transpose the same for into or upon
other Stocks funds or securities of a like nature
and do and shall pay the dividends interest and annual produce thereof unto Mary Elizabeth Mourilyan (the wife of him my said Nephew John
Mourilyan) and her assigns during her life
And subject to the aforesaid Investment of on moiety for the benefit of her the said Mary Elizabeth
Mourilyan for her life as aforesaid do and shall stand and be possessed and interested in the whole of
the said last mentioned third part of the aforesaid trust monies and the stock funds and securities in
or upon which the said moiety thereof shall be invested as aforesaid and the dividends interest and
annual produce thereof upon the trusts following (that is to say)
As to one equal moiety thereof in trust for Mary Mourilyan Spinster (the daughter of my said
Nephew John Mourilyan) her executors administrators and assigns to and for her and their own absolute use and benefit
And as to the other or remaining one full equal moiety or half part thereof in trust for
John Mourilyan, Ann Mourilyan and Joseph Noakes Mourilyan (the three Grandchildren of my said
Nephew John Mourilyan) equally to be divided between them share and share alike and to their
several and respective executors administrators and assigns as and when they the said Grandchildren
John Mourilyan, Ann Mourilyan and Joseph Noakes Mourilyan shall respectively attain the age of
twenty one years or as and when the said Ann Mourilyan shall attain that age or be married which shall first happen
And in case either of them the said Grandchildren John Mourilyan, Ann Mourilyan and Joseph
Noakes Mourilyan shall happen to die under the age of twenty one years or the said Ann Mourilyan
under that age and unmarried then and in such case I give and bequeath the part and share or parts
and shares of him her or them so dying unto the survivors or survivor of them the said Grandchildren
John Mourilyan, Ann Mourilyan and Joseph Noakes Mourilyan to be equally divided between or
among them (if more than one survivor) share and share alike and to their several and respective
executors administrators and assigns as and when his her or their original share or shares thereof
shall become payable assignable or transferrable by virtue of this my Will
Provided also and I do hereby declare my will and mind to be that until the several and respective portions of such of them the said Celles que Trust [Cestui que Trust] * as being males shall be under the age of twenty one years or being Females shall be under that age and unmarried shall respectively become vested under and by virtue of this my Will it shall be lawful to and for my said Trustee his executors administrators and assigns (subject nevertheless and without prejudice to any prior interests therein) to pay and apply for or towards the maintenance education and bringing up of any such Celles que Trust all or any part of the interest dividends and annual produce of such his her or their presumptive share or shares of or in the said trust monies stocks funds and securities
And I declare my will and mind to be that the receipt or receipts of him the said William White his heirs executors or administrators for any sum or sums of money payable to him or them under or by virtue of this my Will shall be a good and effectual discharge or good and effectual discharges for the sum or sums of money therein respectively mentioned to be received and that the person or persons paying the said sum or sum of money and taking such receipt or receipts for the same shall not be afterwards answerable or accountable for the misapplication or nonapplication or be in any wise bound or concerned to see to the application of the money therein mentioned and acknowledged to be received
And I appoint the said William White sole Executor of this my Will and I give and bequeath to him the said William White the sum of fifty pounds of lawful money of Great Britain for the care and trouble he will have in the execution of this my Will and he trusts hereby in him reposed
And I declare that my said Executor and Trustee his heirs executors and administrators shall be answerable for such monies only as he or they shall actually receive and that he or they shall not be responsible for involuntary losses and that it shall be lawful for him and them by and out of the monies which shall come to his or their hands by virtue of this my Will to retain to and reimburse himself and themselves all costs and expences which he or they shall incur or be put unto in the Execution of the Trusts hereinbefore contained or in relation thereto
In Witness whereof I the said William Hayman the testator have to this my last Will and Testament
contained in seven sheets of paper annexed together to the first six sheets thereof set my hand and to this seventh and last sheet thereof
my hand and seal the Ninth day of December in the year of our Lord one thousand eight hundred and twenty
Wm. Hayman
Signed sealed published and declared by the said William Hayman the testator as and for his last
Will and Testament in the presence of us who have hereunto subscribed our names as Witnesses
thereto in his presence at his request and in the presence of each other
John Mercer, Solicitor, Deal - J.W. Shrewsbury - Geo. Holbrook his Clerks
Proved at London 27th August 1823 before the Judge by the oath of William White the sole Executor to whom admon. was granted having been first sworn by Comon [Commission] duly to admr. Exd.
Note:
* A cestui que trust is a person for whose benefit a trust is created; a beneficiary. Although legal title of the trust is vested in the
trustee, the cestui que trust is the beneficiary who is entitled to all benefits from a trust. [The Free Dictionary]
Transcribed by Shelagh Mason 24th January 2021
Return to Kent GenealogyWill of William Hayman