Whereas my late Father Thomas Paley the elder of Reigate in the County of Surrey Maltster made by his last Will and Testament in writing bearing date the twenty second day of Mach in the year one thousand eight hundred and forty two and Proved in the Prerogative Court of the Archdiocese of Canterbury gave and devised to John Symonds of Reigate in the said County of Surrey Yeoman and his the said Testator’s Son Thomas Paley all his share and interest in certain freehold messuages or tenements, malthouses, hereditaments and premises situate at Kingston upon Thames in the said County of Surrey and all other his real Estates whatsoever and wheresoever of or to which he or any other person or persons In trust for him could or where seized or entitled for an estate of freehold inheritance in possession, reversion, remainder or expectancy or of which he has power to dispose or to appoint by his Will with their rights members and appurtenances To hold the same unto and to the use of the said John Symonds and Thomas Paley their heirs and assigns Upon the trusts following (that is to say)
Upon Trust that they the said John Symonds and Thomas Paley and the survivor of them and the heirs and assigns of such survivor should collect get in and receive the rents and annual profits of this (the said Testator’s said real estates) until the sale or sales thereof hereinafter mentioned and directed the same rents and annual profits to be so by his said Trustees or Trustee for the time being to the same purposes and in the same shares and manner to and which the interest dividends and annual produce of the monies and funds to arise from such sale or sales were thereinafter directed to be applied
And Upon this further trust that they his said Trustees or Trustee should sell the said real estate at such time as his said Son Thomas Paley and his daughters and the said Susannah Holliday and Jane Hart or the survivors or survivor of them should signify their desire that the same should be sold in writing under their respective hands (such sale or sales to be either by public auction or private contract for the most money that can be reasonably contained for the same) and pay out and invest the money arising from the sale thereof in their or his names or name in the purchase of the public funds of Great Britain at interest upon Government or freehold copyhold or Leasehold securities in England and should stand possessed of such funds and securities Upon the trusts therein after expressed and contained of and concerning the said Testators Residuary Personal Estate
And as to all the Residue and Remainder of the said Testators Personal Estate and Effects of what nature or kind soever or wheresoever except such part or parts thereof as has been specifically disposed of by her the said Testator in and by his said Will he gave and bequeathed the same unto the said John Symonds and Thomas Paley their executors administrators and assigns Upon Trust with all convenient speed after his the said Testators decease to sell dispose of and convert into money so much thereof as should be in its nature saleable and collect get in and convert the residue thereof or continue the same or any part thereof respectively in its actual state of investment or call in and convert the same into money and invest the money arising from such sale collection and conversion and other the monies forming part of this residuary personal estate in the names or name of his said Trustees or the survivors or survivor of them or the executors or administrators of such survivor in some or one of the public funds or upon government or freehold, copyhold or leasehold securities in England
And the said Testators will was that he said Trustees and the survivors or survivor of them and the executors or administrators of such survivor should stand possessed of all the several funds and securities arising from such last mentioned investment and also arising from the investment of the purchase monies for his said real estate and also all other the funds securities and property forming part of this said residuary Personal estate Upon the trusts following (that is to say)
As to one third part or share thereof Upon Trust to pay or transfer the same and the dividends interest and annual produce thereof unto
his said Son Thomas Paley his executors administrators and assigns for his and their own absolute benefit
And as to the remaining two third parts or shares thereof Upon Trust to pay the interest dividends
and annual produce of one moiety of the said two third parts or shares unto his said daughter me the
said Susannah the wife of the said James Holliday during my natural life for my Sole and separate
use and benefit and independent of my said present or any further husband and of his power
controul debts engagements or encumbrances and of which interest dividends and annual produce
the receipts of me his said daughter should at all times notwithstanding my said present or any future
coverture be good and sufficient discharges to his said Trustees and all other persons whomsoever
And from and immediately after my decease Then as to one moiety of the capital of the said two third parts or shares of and in the said several trust funds, securities and property In trust for all such of the children of me his said daughter Susannah Holliday as being a son or sons when they attain the age of twenty one years or being a daughter or daughters should attain that age or be married if more than one in equal portions and if just one Then the whole of such only child and if there should be no such child In trust for such person or persons for such purposes and in such shares manner and form as I his said daughter Susannah notwithstanding my said present or any future coverture and whether covert or sole by my last Wil and Testament in writing or any Codicil thereto or any writing in (the) nature thereof should give bequeath or appoint and in default of and subject to any such gifts bequests or appurtenances
In trust for the next of kin of me his said daughter Susannah who should be living at my decease and according to the Statutes made for distribution of intestates personal estate and as if I had died a Widow and intestate possessed thereof and such next of kin if more than one to take as tenants in common
And Whereas I the said Susannah Holliday have not at the time of making this my Will any child or children living and being therefore desirous of and do now intend to exercise the power and authority invested in me in and by the said Will of the said Thomas Paley my late Father the Testator in case I the said Susannah Holliday shall depart this life without leaving any such child or children
Now I the said Susannah Holliday do in pursuance of the said power and authority so given unto
and vested in me as aforesaid by this my last Will and Testament in writing give bequeath and
appoint unto my Sister Jane Hart Widow All that the moiety part portion or share of me the said
Susannah Holliday of and in the said two third parts or shares of the rents and annual profits of all
these the said freehold messuages or tenements malthouses hereditaments and premises and real
estate situate and being at Kingston upon Thames aforesaid until sale thereof as directed by the said
Will and which said moiety of the said two third parts is directed to be paid to me in the same
manner as the interest dividends and annual produce or one moiety of two third parts of the interest
dividends and annual produce of the monies arising from the sale of his the said Testators said hereditaments and real estate
And from the conversion of his said personal estate To hold the same moiety of the said two third
parts of the said rents and annual profits until such sale as aforesaid unto my said Sister Jane Hart for
her absolute use and from and after such sale of the said messuages tenements malthouse
hereditaments and real estate situate at Kingston upon Thames aforesaid
Then I do hereby in pursuance and exercise of the power and authority aforesaid give bequeath and
appoint unto my said Sister Jane Hart All that the moiety part or share of me the said Susannah
Holliday of and in the said two third parts or shares of and in the monies to arise from the sale of the
said messuages tenements malthouses hereditaments and real estate at Kingston upon Thames
aforesaid as would have been payable to me as forming part of the said monies and residue of (the)
personal estate so given and bequeathed by the said Will of the said Thomas Paley my late Father as
aforesaid and over which I have such power of appointment as aforesaid
To hold the said moiety of and in the said two third parts as are in the said monies to arise from such
sale of the said messuages tenements malthouses hereditaments and real estate at Kingston upon
Thames as aforesaid unto my said Sister Jane Hart for her own absolute use
And as to all other and the Rest Residue and Remainder of the moiety of me the said Susannah Holliday of and in the said two third parts or shares of and in the said funds securities property and Residue or Personal estate so given to me by the Will of my said late Father deceased and over which I have such power of appointment as aforesaid I do in further pursuance and exercise of such power by this my Will give bequeath and appoint the dividends interest and annual proceeds thereof unto my dear Husband James Holliday for and during the term of his natural life
and from and after his decease I give bequeath and appoint all the same moiety funds securities property and Residue of personal Estate unto my Nephew Staning Paley and Niece Sarah Paley (children of my said Brother Thomas Paley), my Nephew Robert Paley Hart and my Niece Jane Hart (children of my said Sister Jane Hart Widow) equally to be divided between and amongst such of them my said Nephews and Nieces Staning Paley, Sarah Paley, Robert Paley Hart and Jane Hart as shall be living at the time of the decease of my said Husband James Holliday share and share alike
And I appoint my said dear Husband James Holliday my said Sister Jane Hart and Nephew
Staning Paley joint Executors and Executrix of this my Will And I direct that they shall recompense
and pay themselves all reasonable expences incurred in the execution hereof
And I do hereby declare this to be my last Will and Testament made in pursuance and in exercise of
the said power and authority so given unto and vested in me (notwithstanding my present coverture)
in and by the said recited Will of my said late Father deceased
In Witness whereof I the said Susannah Holliday have to every sheet of this my Will contained in
four sheets of paper set my hand this seventeenth day of January in the year of our Lord one thousand eight hundred and forty eight
Susannah Holliday
Signed published and declared by the said Susannah Holliday the Testatrix as and for her last Will
and Testament in the presence of us both being present together who at her request and in her
presence and in the presence of each other have hereunto subscribed our names as Witnesses thereto
Geo. Morrison, Reigate, Surrey - Jas. Thos. Johnson, Clerk to Mr. Morrison
Proved at London the 28th October 1852 before the Worshipful Thomas Spinks, Doctor of Laws and Surrogate by the Oaths of James Holliday the Husband, Jane Hart Widow the Sister and Staning Paley the Nephew the Executors named in the said Will to who admon. [administration] was granted, limited so far only as concerns all the right title and interest of the deceased in and to all such Personal estate and effects as she the said deceased by virtue of the Will of her Father Thomas Paley the elder deceased & duly proved in this Court in the month of June 1852 [1842] has a right to appoint or dispose of and hath in and by her said Will appointed and disposed of accordingly but no further or otherwise, they having been first sworn duly to administer.
Note: Susannah Holliday was buried at SS Gregory and Martin, Wye, Kent on 18th September 1852, aged 61.
Transcribed by Mrs. Shelagh Mason 24th February 2021
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