I give devise and bequeath all and singular my freehold leasehold and real Estates whatsoever and wheresoever of or to which I am in any wise seized or possessed or shall be seized or possessed at the time of my decease or over which I have or shall or may have any power of appointment unto my two friends John Woodruff of Deal aforesaid Hatter and Richard Castle of the same place Cabinet Maker and to their heirs Executors Administrators and assigns according to the nature of the said Estates respectively
Upon trust nevertheless to permit and suffer my dear Wife Henrietta Hayman and her assigns to have hold and enjoy the same and receive and take the rents issues and profits thereof for and during the term of her natural life in case she so long continues my widow and unmarried but not otherwise she and they keeping the same in good and Tenantable repair
And from and immediately after the decease or marriage again of her my said Wife which shall first happen Upon this further trust
that they my said Trustees and the Survivor of them and the heirs Executors Administrators and assigns of such Survivor do and shall as
soon as conveniently may be absolutely sell and dispose of all and singular my said freehold leasehold and real Estates in such
manner and form as they or he in their or his discretion shall think fit to any person or persons
whomsoever either by private sale of public auction and at or for the most money and best price or
prices that can or may be gotten for the same And do and shall execute such Instruments and
assurances as shall be requisite for effectuating and completing the sale of my said Estates and do and
shall stand and be possessed of and interested in the monies to arise and be received by or from such
sale or sales of my said freehold leasehold and real Estates as aforesaid Upon the trusts hereinafter mentioned of and concerning the same
I give and bequeath all my household goods and furniture, plate, linen, woollen, books, pictures and china unto the said John Woodruff and Richard Castle their Executors Administrators and Assigns Upon trust to permit and suffer her my said Wife Henrietta Hayman to have the reasonable use and enjoyment of the same for and during the term of her natural life in case she so long continues my Widow and unmarried she [giving] an Inventory thereof to my said Trustees and from and immediately after her decease or marriage again which shall first happen Upon further trust to sell and convert the same household goods and furniture, plate, linen, woollen, books, pictures and china into money and to stand possessed of and interested in the money arising thereby Upon the trusts hereinafter mentioned of and concerning the same
Also I give and bequeath all other my goods chattels and effects, debts due and owing to me, money,
securities for money, money in any of the public stocks or funds of this Kingdom And all the Rest
Residue and Remainder of 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 unto them the said John
Woodruff and Richard Castle their Executors Administrators and Assigns Upon trust to convert
into money, get in and receive so much thereof as shall not consist of ready money of or such
Investments in stocks funds or securities (whether of the description contemplated by the Trust for
Investment hereinafter contained or not) as my said Trustees or Trustee for the time being of this my
Will shall think it desirable to continue
And do and shall stand possessed of the money to arise from my said residuary personal Estate and
stand possessed thereof together with the stocks funds and securities to be continued as last aforesaid
and the stocks funds and securities in or upon which the money to arise from my said residuary
personal Estate shall or may be invested Upon trust
to pay to my said Wife Henrietta Hayman and her assigns the Interest dividends and annual produce of the same during her life if she shall
so long continue Wife and unmarried she thereout maintaining clothing educating and bringing up my
Son or Sons for the time being under the age if twenty one years and my daughter or daughters for
the time being under that age that age not having been married
And from and immediately after the decease or marriage again of her my said Wife which shall first happen do and shall stand and be possessed of and interested in the said trust monies stocks funds and securities and the dividends interest and annual produce thereof Upon the trusts hereinafter mentioned of and concerning the same
And I do hereby declare my Will and mind to be that from and after the decease or marriage again of her my said Wife which shall first happen they the said John Woodruff and Richard Castle the Survivor of them and the heirs Executors Administrators and Assigns of such Survivor do and shall stand and be possessed of and interested in the monies to arise and be produced by and from the sale or sales of my said freehold leasehold and real Estates and from the sale of my said household goods and furniture, plate, linen, woollen, books, pictures and china and of and in my said residuary Personal Estate and Effects and the stocks funds or Securities in or upon which the same or any part thereof are is or shall or may be invested or secured and the Interest dividends and annual produce thereof
In trust for all and every the children and child of my body now born or hereafter to be born who shall be living at the time of my decease or born in due time after and who being a Son or Sons shall have attained or shall afterwards attain the age of twenty one years or who being a daughter or daughters shall have attained or shall afterwards attain that age or shall have been unmarried or shall afterwards marry and their respective Executors administrators and assigns and to be divided between or among my said children if more than one in equal shares and of there shall be but one such child In trust for that only child his or her Executors Administrators and assigns
Provided always and I declare my will and mind to be that it shall be lawful for the trustees or trustee for the time being of this my Will in their or his discretion either during the continuance of the Widowhood of my said Wife or after her decease or marriage again to raise and apply in or towards the advancement in life of each or any child or mine by apprenticing such child to any trade or business or otherwise any part or parts of his or her presumptive share of and in the said trust monies stocks funds and securities not exceeding in the whole one hundred pounds sterling
Provided also and I direct that notwithstanding any of the trusts hereinbefore contained my Trustees or Trustee for the time being of this my Will shall as and when (during the Widowhood of my said Wife) any and every child of mine being a Son shall attain the age of twenty one years or being a daughter shall attain that age or be married raise and pay to such child in part satisfaction of his or her share of my said Trust Estate and premises the sum of one hundred pounds sterling or as the case may be such sum as shall together with the money previously advanced for the benefit of such child under the provision for advancement lastly hereinbefore contained amount to the sum of one hundred pounds sterling but if the full sum of one hundred pounds shall have been previously advanced under such benefit for the provision of any such child then no further sum shall be raised for such last mentioned child under this present proviso
Provided also and I do hereby declare my Will and mind to be that from and after the decease or marriage again of her my said Wife and until the portions of my said children shall respectively become vested under and by virtue of this my Will it shall be lawful for the Trustees or Trustee for the time being of this my Will to pay and apply for or toward the maintenance and education of otherwise for the benefit of each or any such child all or any part of the Interest dividends and annual produce of his or her presumptive share of or in the said trust monies stocks funds and securities the unapplied Income to be accumulated and the accumulations add to the share whence such Income shall have arisen
Provided also and I empower my said Trustees or Trustee if they or he shall think it advantageous so to do at any time or times during the widowhood of my said Wife with her consent in writing to see all or any part of my said freehold leasehold and real Estates household goods and furniture, plate, linen, woollen, books, pictures and china by public auction or private contract And I direct that in that case the money arising from the same sale or sales shall be invested and held upon the same trusts in all respects as I have hereinbefore expressed and declared or referred to of and concerning my residuary Personal Estate
Provided always and I declare my Will to be that as to the monies to arise from the Execution of the trusts hereinbefore contained concerning my freehold leasehold real and personal Estates and not presently applicable to the purposes of my Will I direct the Trustees or trustee for the time being of this my Will to invest the same in their or his names or name in or upon any of the public stocks funds or Government securities of the United Kingdom or any real Securities in England and I authorize them or him from time to time to vary and transpose at their or his discretion as well the stocks funds and securities whereon such Investment shall be made as any stocks funds or securities which shall at my decease compose part of my personal Estate for any other stocks funds or securities of the description contemplated by the preceding ...tion [page whitened]
Provided always and I do hereby declare my Will and mind to be that in case my said Wife Henrietta Hayman shall after my decease marry again so that the Estate and Interest hereinbefore by me given to her of and in my said freehold leasehold and personal Estates shall cease and determine in her life time then I do hereby direct the Trustees or trustee for the time being of this my Will to pay a clear Annuity of twenty pounds into the proper hands of my said Wife during her life by equal half yearly payments to be enjoyed by her free from the controul and engagements of her husband and without power of anticipation as a separate and unalienable provision and for which her receipts alone shall be sufficient discharges to my Trustees the first payment to be made at the end of six calendar months next after her marriage
And I further direct that my said Trustees and Trustee do and shall by and out of the aforesaid trust monies stocks funds and securities appropriate such a part of the said trust fund as will be sufficient to answer the same Annuity and I declare that if there shall be any alteration of the amount of the Interest or dividends of the said appropriated part of the said trust fund whereby the said Annuity shall be decreased or lessened the same shall fall to and be borne by her my said Wife And I Will and direct that from and after the decease of her my said Wife the said appropriated fund for raising and paying the said annuity shall revert to and be deemed and taken as part of my Personal Estate by me hereinbefore given and bequeathed and shall be subject and liable to the trusts thereof hereinbefore expressed and declared of and concerning the same
And I declare my Will and mind to be that the receipt or receipts of the Trustees or Trustee for the time being of this my Will for any sum or sums of money payable to them or hum 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 sums of money and taking such receipt or receipts for the same shall not be afterwards answerable or accountable for the misapplication nonapplication or be in any wise bound or concerned to see to the application of the money therein mentioned and acknowledged to be received
Provided also and I declare my Will to be that if the said John Woodruff and Richard Castle or either
of them or any of their heirs executors or administrators shall die or desire to be discharged from or
become incapable to act in the execution of the trusts of this my Will before the same trusts shall be
fully performed then and as often as the same shall happen it shall be lawful for the surviving or
continuing Trustee or Trustees for the time being or the heirs executors or administrators of the last
surviving Trustee (with the consent and approbation of my said Wife during her Widowhood and
after her death or marriage again of their or his own proper authority) by any writing under their or
his hands or hand to appoint any other person or persons to be a trustee or trustees in the place of the
Trustee or Trustees so dying or being desirous to be discharged from or becoming incapable to act
And when any new Trustee or Trustees be so appointed all necessary acts deed and things shall be
made done and executed for vesting the trust Estates monies and premises accordingly and every
such new Trustee shall have all the powers of the Trustee in whose place he shall be substituted
And I appoint the said John Woodruff and Richard Castle joint Executors of this my Will and I declare that my said Executors and the several trustees and Trustee for the time being of this my Will shall be answerable for such monies only as they respectively shall actually receive and that the one of them shall not be responsible for the acts of the other or others of them nor for involuntary losses and that it shall be lawful for them respectively by and out of the monies which shall come to their respective hands by virtue of this my Will to retain to and reimburse themselves respectively and to allow to their respective cotrustees for the time being all costs and expences which they or any of them shall incur or be put unto in the Execution of the trusts hereinbefore contained or in relation thereto
And lastly I revoke all former Wills by me made
In Witness whereof I the said John Spain Hayman the Testator have to this my last Will and Testament contained in seven sheets of paper
annexed together set my hand the day and year first aforesaid
John Spain Hayman
Signed by the said 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
John Mercer, Solr., Deal - W. R. Hammond, his Clerk
This is a Codicil to the last Will and Testament of me John Spain Hayman of Deal in the County of Kent Gentleman which will bears date on the seventh day of February one thousand eight hundred and thirty eight
Whereas by my said Will I have devised and bequeathed my real and personal Estates to my two friends John Woodruff of Deal aforesaid Hatter and Richard Castle of the same place Cabinet Maker and to their heirs Executors Administrators and assigns upon certain trusts therein particularly mentioned and appointed them the Executors of my said Will
Now I do hereby bequeath the sum of five pounds sterling to each of them the said
John Woodruff and Richard Castle as an acknowledgement for the care and trouble they will have in
executing my said Will and I devise all Estates vested in me as a Mortgagee or trustee with all powers
and authorities incident thereto unto the said John Woodruff and Richard Castle their heirs and
Assigns subject to the trusts and equities affecting the same and the money secured by any mortgage
or mortgages to be considered as part of my personal Estate
And I confirm my said Will in all other respects
In Witness whereof I the said John Spain Hayman the Testator have to this Codicil to my last Will
and Testament set my hand the first day of February in the year of our Lord one thousand eight hundred and forty four
John Spain Hayman
Signed by the said Testator as and for a Codicil to is last Will and Testament in the presence of us
present at the same time what at his request in his presence and in the of each other have subscribed our names as Witnesses
John Mercer, Solr., Deal - Wm. R. Hammond, his Clerk
Proved at London with a Codicil 16th March 1844 before the Judge by the oaths of John Woodruff and Richard Castle the Executors to whom admon. [administration] was granted having been first sworn by Comon [Commission] duly to administer. Exd.
Notes:
John Spain Hayman was buried, aged 40, on 20th February 1844, at St. Leonard, Deal, Kent. His address at the time was Duke Street, Deal.
He had been christened 15 Jun 1803 at St. Leonard, s. of Alexander and Elizabeth Hayman.
John Spain Hayman, Bachelor of Deal, married on 26th March 1827 at St. Nicholas, Sholden (next Deal), Kent to Henrietta Graham, Spinster of
Sholden. Witnesses: Henry Cavell, John Sladden.
Their children (all christened at St. Leonard, Deal):
Alexander Harrison 2 Apr 1828; Elizabeth Ann (at Sholden) 24 May 1829; John William 11 Apr 1838;
Henrietta 7 May 1841 (Bu. at St. Leonard, Deal on 28 Oct 1842) ; Henrietta 31 Mar 1843.
Henrietta Hayman aged 86 was buried on 13th July 1892 at St. Leonard, Deal. She was living at 15 Duke Street, Deal.
Transcribed by Mrs. Shelagh Mason 21st February 2021
Return to Kent GenealogyWill of John Spain Hayman