Holmes Will 1845

Will of Francis Thomas Sharp Holmes

of Sarre, Kent


Source: Consistory Court of Canterbury, Canterbury Cathedral Archives PRC 32/71/144
Submitted by Shelagh Mason
This is the last Will and Testament of me Francis Thomas Sharp Holmes of Sarre in the County of Kent Victualler

First I revoke all former Wills and of this my last will I appoint Edward Starke of Sarre aforesaid Plumber and Sackett Adams of Monkton in the said County Blacksmith Executors

I Bequeath all the Beer Wines Liquors Glasses Stock in Trade fuel and other consumable(s) Household Stores and Provisions and also my Horses Carts Carriages Cows and live stock and all my wearing apparel of which I shall die possessed unto my dear Wife Ann absolutely
I also Bequeath to my dear Wife the use and enjoyment of the Household Furniture Plate Linen China Books Prints and Pictures and other Household Effects of which I shall die possessed during her life

and after her decease I direct the same Articles to be disposed of as part of the residue of my Personal Estate and I direct my Executors to cause an Inventory to be made of the same Articles before the delivery thereof to my said Wife and two copies of such Inventory to be signed by my said Wife of which Copies so signed one shall be delivered to her and the other kept by my Executors

I devise all my said Estate (except Estates vested in me as a Trustee or Mortgagee) unto my said Wife and her assigns for her life she Keeping all Buildings sufficiently insured against loss by fire and in repair
and after her decease I devise the same to the use of all and every my Children if more than one equally or my Child of only one wholly as tenants un common in fee simple with [such] executory limitations of the shares original and accruing of each of the same Children in the event of his or her dying under the age of twenty one years without having been married to the uses of the other of them wholly in fee simple

I Bequeath the residue of my Personal Estate to the said Edward Stark and Sackett Adams their Executors and Administrators Upon Trust to convert and get in such residuary Personal Estate and invest the monies to arise therefrom in the names or name of the Trustees or Trustee fr the time being of my Will on Government or Real Securities in the United Kingdom And upon further Trust to permit and empower my said wife to receive the annual income of the said money or the Securities whereon the same shall be invested during her life

And after her decease as to the same money and Securities and the annual Income thenceforth to become due for the same In Trust for such Child or Children of mine then living and such issue then living of my Child or Children then deceased as shall either before or after the death of my said wife attain the age of twenty one years or marry as Tenants in Common in a cause of distribution according to the Stocks and not of the number of individual objects and so that the issue of deceased children may take by way of substitution the share or respective shares only which the parents or respective parents would if living have taken

But the Husband or Widow (if any) of every deceased Child in the event of there being no issue of the same Child living at the period aforesaid shall be substituted for the same Child as an object of the preceeding Trust or in the event of there being such issue then living shall take a life interest in the income or share which the deceased Child would if living have taken And also in failure of the Interest if contingent of the issue in the Capital of the same share be substituted for the deceased Child as an object of the preceeding trust

And I empower my Trustees after the decease of my said Wife to apply the hole or such part as they shall think fit of the annual income of the share of each Child while such share shall be contingent for his or her maintenance and education the unapplied Income to be invested and accumulated and the investment and accumulation to be applicable to the same purpose as the annual Income of the same share but if not so applied to be applied to the Capital thereof

And I also empower my said Trustees with the Consent in writing of my said Wife and after her decease in their discretion to apply so much not exceeding half as they shall think fit of the Capital of the share of each Child while such share shall be contingent for the advancement in life or otherwise for the benefit if the same Child

I empower the Trustees or Trustee for the time being of my Will if any or of none the Executors or Administrators of the last deceased Trustee to nominate in writing any person or persons to supply the place of any Trustee or Trustees of my Will who shall die disclaim or become unwilling or unable to act when and so often as a vacancy or vacancies shall occur and on every such appointment the necessary assurances shall be executed for vesting my trust Estate in the new and old Trustees or in the new Trustees solely as the case may be

And I absolve the Trustees and the Trustee for the time being of my Will from responsibility for the receipts and defaults of each other and for involuntary lapses and also authorise such Trustees and Trustee to retain and allow to each other all Expenses incurred in or about the execution of the trusts of my will

And lastly I Give and devise all property vested in me as Mortgagee or Trustee to my said Trustees their Heirs Executors Administrators and Assigns subject to the trusts and equities affecting the same respectively

In Witness whereof I have hereunto set my Hand this twenty second day of February One thousand eight hundred and forty five
Francis Thomas Sharp Holmes

Signed by the said Testator as his last Will and Testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as Witnesses
Henry Coare? Kingsford Solicitor, Canterbury
Thos. M. Goldfinch his Clerk
Exd.

The before registered Will of Francis Thomas Sharp Holmes deceased was proved the Eighth day of November 1845 before the Reverend John Metcalfe, Clerk Surrogate to the Worshipful Sherrard Beaumont Burnaby Doctor of Laws Commissary General of the City and Diocese of Canterbury lawfully constituted by the oaths of Edward Stark? and Sackett Adams the Executors named in the said Will They being first sworn well and truly to perform the same

Notes:
Francis Thomas Sharp Holmes was christened 24th August 1817, s. of Thomas and Sarah Holmes at St. Nicholas-at-Wade. He married Anne Sweetlove on 16th March 1842 there.
Their children (at St. Nicholas at Wade, where C = christening):
16/04 1843 C Francis William Holmes
24/11 1844 C Tom Rayner Holmes
Francis Thomas Sharp Holmes died was buried on 28th October 1845 at St. Nicholas at Wade.

Ann Holmes (nee Sweetlove) re-married to a Thomas William Pay who had been born in Portsea, Hampshire on 18th May 1846 at St. George, Hanover Square, Middlesex where they were living in Bond Street and Thomas was listed as an Innkeeper.

They were all living in Sarre in the 1851 census, and had had a daughter Harriet A Pay born at Sarre in 1848.

Transcribed by Shelagh Mason 28th November 2018. All rights waived for personal use � BUT please quote source and reference.


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Will of Francis Thomas Sharp Holmes
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