Will of John Holmes

of Faversham, Kent

First I do hereby revoke all former wills by me at any time heretofore made and of this my last Will and Testament do constitute and appoint Giles Hilton of Preston House in the parish of Preston next Faversham in the said County Gentleman and the Reverend Richard Symonds Joynes of Frindsbury in the said County Doctor in Divinity Executors

Also I give and devise all and every my Messuages or Tenements Lands Hereditaments and Real Estate whatsoever and wheresoever with their rights members and appurtenances and all my Estate and interest therein unto the said Giles Hilton and Richard Symonds Joynes their heirs and assigns to hold the same unto and to the use of the said Giles Hilton and Richard Symonds Joynes their heirs and assigns upon and subject to the trusts provisoes intents and purposes hereinafter mentioned, that is to say,

Upon Trust that they the said Giles Hilton and Richard Symonds Joynes or the Survivor of them his heirs or assigns do and shall receive and take the rents issues and profits thereof as the same shall become due and pay and apply the same in manner hereinafter mentioned until my youngest child born or to be born shall attain the age of twenty one years and when and so son as my said youngest child shall have attained the age of twenty one years then that they my said Trustees or Trustee do and shall stand seized of all and every my said Messuages or Tenements land Hereditaments and real Estate upon trust for and to and for the use of all and every my children and child lawfully begotten and to be begotten equally to be divided between them share and share alike as tenants in common and not as joint tenants and of their several and respective heirs and assigns for ever

Provided always and I do hereby declare my will to be that notwithstanding the trusts hereinbefore declared it shall be lawful for my said Trustees and Trustee and I do hereby authorize them and him during such time as all or any one of my child shall be under the age of twenty one years at the sole discretion of them my said Trustees and Trustee to sell and dispose of and convey all or any of my said Messuages of Tenements land Hereditaments and real Estate and the fee simple and inheritance thereof discharged from the trusts of this my Will to any person or persons whatsoever either together or in parcels and either by public auction or private contract for such price or prices as to them my said trustees or trustee shall seem reasonable

And I do hereby expressly Will and declare that the receipt or receipts of them the said Giles Hilton and Richard Symonds Joynes or the Survivor of them his heirs or assigns shall be a sufficient discharge and sufficient discharges at all times to any purchaser or purchasers for so much Money as shall be therein acknowledged to be received and that he or they shall not afterwards be liable to the application of or be accountable for the same or any part thereof And I do hereby further will and direct that in case such Sale or Sales shall be effected they my said trustees or trustee do and shall stand possessed of the Money to arise therefrom as part of the Residuum of my personal Estate as hereinafter given and bequeathed

Also I do give and bequeath all and every mu household furniture plate China Linen and Books wines Liquors and provisions that shall be in and about my dwelling house at the time of my decease unto my dear Wife Mary for her own use absolutely
Also I do give and bequeath unto her my said Wife the Sum of three hundred pounds of lawful Money of Great Britain to be paid to her immediately after my decease for her own use absolutely

And as to all the rest and residue of my Goods Chattels Hoys Barges Vessels Stock in trade ready money money in the Public Stocks or Funds or due to me on Specialities simple contract or otherwise and all and every the Residuum of my personal Estate and Effects whatsoever and wheresoever I give and bequeath the same and every part thereof unto the said Giles Hilton and Richard Symonds Joynes their Executors and Administrators and Assigns upon the trusts and to the ends intents and purposes hereinafter expressed and declared concerning the same / that is to say /

Upon Trust that my said Executors and the Survivor of them his Executors and Administrators do and shall as soon as conveniently may be after my decease sell and dispose of and convert into ready money such part and parts of the said Residuum of my said personal Estate and Effects as shall consist of Money or Securities for Money (except and subject as to such part of my said personal Estate as they shall think necessary to retain and employ in carrying on my business as hereinafter mentioned if they shall think proper so to do and do and shall receive and get in such other part or parts thereof as shall consist of Specialties debts or Simple Contract or that shall be otherwise due and owing to me

And I do and shall therewith and thereout pay all my just debts funeral charges the costs of proving this my Will and other incidental expenses and subject thereunto do and shall pay out and invest the Sum of two thousand and five hundred pounds of lawful Money of Great Britain part of such Residuum at Interest in their or his Names or Name in the parliamentary Stocks or public funds of this Kingdom or on good Mortgage Joynture? and do and shall from time to time after vary and transpose such Stocks Funds and Securities as they shall seem expedient and do and shall also lay out and invest all other the said Residuum of my personal Estate when and as the same shall be converted into Money in their or his Names or Name in the like Securities and with like discretionary power of altering or varying the same

And Upon this further Trust that they the said Giles Hilton and Richard Symonds Joynes the Survivor of them his Executors or Administrators do and shall if they shall think proper and judge advantageous continue manage and carry on all or any part of the Hoying or other Business in which I am engaged at the time of my decease on account of and for the benefit of my family until the youngest of my Children shall attain the age of twenty one years and do and shall appropriate and employ in my said business such part of my monies and personal Estate (except the said Sum of two thousand and five hundred pounds) as shall be required for that purpose and do and shall afterwards if they shall think best dispose of the same business as they shall think fit proper and do and shall from time to time receive and take the dividends and interest of the said Sum of two thousand and five hundred pounds so to be invested as aforesaid

And the annual profits and proceeds that shall arise from the Residuum of my said personal Estate or from the carrying on my said business as the same shall respectively become due and thereon out in the first place pay unto her my said Wife Mary during her natural life (if she shall so long continue my Widow) one Annuity or Yearly Sum of two hundred pounds of lawful Money of Great Britain clear of all deductions whatsoever to be paid to her or he assigns for her support and maintenance in the dwelling hose in which she may happen to reside by two equal half yearly payments on the sixth day of January and the sixth day of July in every year the first of such half yearly payments to be made on such of the said days as shall next happen after my decease

And do and shall pay such further part of the said dividends interest annual profits and produce and also such part of the Rents issues and profits of my said Real Estate as they my said Trustees and Trustee shall seem requisite for and towards the maintenance education and advantage of all and every my Children and Child lawfully begotten and to be begotten until the youngest of them shall attain the age of twenty one years and do and shall from time to time lay out invest and appropriate all and every the surplus and savings of the said dividends interest rents issues annual profits and proceed and savings of the same shall arise or accrue at interest in like manner as is thereinbefore directed concerning the Residuum of the personal Estate and in accumulation thereof and subject to the trusts aforesaid

Upon Trust that they my said Executors and the Survivor of them his Executors and Administrators do and shall stand possessed of all and every the Residuum of my said personal Estate and Effects and of all the Stocks funds and Securities in or upon which the same is or shall be invested and of all accumulations or savings to be made therefrom or thereby and to and for the only use and benefit of all and every my children and child lawfully begotten and to be begotten equally to be divided between them share and share alike recited benefit of Survivorship and to be paid assigned and transferred to them respectively when and as soon as the youngest of them shall attain the age of twenty one years

Provided always and I do hereby declare my Will to be that in case my said Wife shall after my decease marry again she shall be entitled to have and receive one Annuity or yearly Sum of One hundred pounds only during the remainder of her life to be paid to her on her same days and in like manner in every respect as the said Annuity of two hundred pounds hereby provided for her in case she remains my Widow

Provided also and I do hereby further declare that the respective issue of all my said children lawfully to be begotten shall in all cases of the decease of their respective father or fathers Mother or Mothers stand in the place of and be entitled to have ad be paid the respective parts shares and proportions of the said trust Monies which his her or their father or fathers or mother or mothers would if living have been entitled to respectively by virtue of this my Will

Provided also and I do hereby declare that it shall and may be lawful to and for my said trustees and trustee and Executor at their or his own proper discretion And I do hereby fully authorise and empower him and them by and out of the profits and produce to arise from the carrying on my said Business or by breaking into the said trust monies stocks funds and Securities and personal Estate to pay and apply any part of the portion or share thereof hereby intended for any said child or children respectively in the putting out and placing them him or her in or to any profession trade or employment or for and towards his her and their promotion and advancement in the world in business or marriage or otherwise for his her or their respective benefits notwithstanding the youngest of my said children may not then have attained the age of twenty one years

And (I) do hereby constitute and appoint the said Giles Hilton and Richard Symonds Joynes Guardians of all my children during their respective minorities with full power to act for them as Guardians by care and authorized to do and lastly I do hereby declare that they my said trustees and executors ad their respective Executors and Administrators shall not be answerable for any more of the said trust monies than shall come to their respective hands by virtue of this my will nor for involuntary losses and that it shall be lawful for them and every of them out of the aforesaid trust monies and promises to deduct and reimburse themselves respectively all such losses costs charges and expenses as they or any or either of them shall sustain expend or be put unto by reason of the trusts hereby in them reposed or in any other manner in the execution of this my Will

In Witness whereof I the said John Holmes the Testator have to the first five sheets of this my Will set my hand and to this sixth and last sheet thereof have set my hand and affixed my Seal the day and year first above written
John Holmes

Signed sealed published and declared by the said John Holmes the Testator as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our Names as Witnesses
Willm Jefferys Junr. Attorney at Law Faversham - H.C. Morgan Solicitor - William Smith Clerk to Messrs. Jeffrys and Morgan

Proved at London 1st February 1830 before the Worshipfull John Trenchard Pickard Doctor of Laws and Surrogate by the Oaths of Giles Hilton and the Reverend Richard Symonds Joynes Doctor in Divinity the Executors to whom admon. [administration] was granted having been first sworn duly to administer.

Notes:
* Hoyman: A person who owned a small boat called a �Hoy� to deliver goods (and sometimes people) reasonably locally to coastal towns and villages. Relatively cheap to own and maintain.

John Holmes was buried at St. John the Baptist, Margate on 23rd January 1830, aged 49 years.
His Wife Mary Holmes died and was buried there shortly after on 25th August 1830, aged 46 years.
John Holmes was christened 24th December 1780, s of George and Christian Holmes at St. Mary of Charity, Faversham.
George and Christian�s children (all christened at St. Mary of Charity, Faversham):
8 Jun 1766 George; 27 Dec 1768 Christian; 24 Dec 1771 John; 12 Mar 1773 Jane; 20 Oct 1776 Mary; 24 Dec 1780 John. So our John was the youngest known child.

Our John Holmes married Mary Bloxham, both of this parish, were married at St. Mary, Faversham on 31st December 1804 by Licence. Witnesses were Mary Ruck and George Holmes.
John and Mary Holmes had 5 known children, all christened at St. Mary, Faversham � although there could be many more between 1804 and 1813, of course � or he was overseas (no children currently found in that period.):
16 May 1813 George; 05 Jan 1815 John; 14 Mar 1816 Samuel; 28 Jan 1818 Walter; 30 Sep 1819 Thomas.

Transcribed by Shelagh Mason 18th September 2019. All rights waived for personal use � BUT please quote source and reference.

Return to Kent Genealogy