I give to Jane Nuttley servant now attending upon me in my illness the sum of Nineteen Guineas
I give to Daniel Terry of Dover aforesaid Ironmonger the sum of Ten Guineas
I give to each of my Nephews Francis William Holmes and Tom Rayner Holmes the sum of One hundred Pounds when he shall attain the age of Twenty one years And I direct that the said legacy of One hundred pounds so given to the said Francis William Holmes and Tom Rayner Holmes respectively shall not vest in or be paid to him unless he shall attain the said age.
I forgive Henry Crow of Dover aforesaid Schoolmaster he debt of Two hundred pounds which he owes to me and I discharge the said Henry Crow his Executors and Administrators from payment of such debts
I give and devise to the said Daniel Terry All that my Messuage or Tenement and Land
situate at Finglesham in the County of Kent aforesaid and all and every other my Messuages
Lands Tenements and Hereditaments and all other my real estates whatsoever and
wheresoever of or to which I or any person or persons in trust for me am is or are seized or
entitled for an estate of freehold and inheritance or of freehold only or which are of the
nature of copyhold or customary tenure in possession reversion remainder or expectancy or
of which I have power to dispose or appoint by this my Will with their rights members and
appurtenances / except such Estates as were vested in me in trust or by way of mortgage /
To hold the same unto and to the use of the said Daniel Terry his Heirs and Assigns
according to the nature and quality thereof upon and by the trusts intents and purposes and
with under and subject to the powers provisions and declarations herein after expressed and
declares concerning the same
And I give and bequeath All and every my leasehold Estates Lands and Tenements and al my Goods Chattles Capital Money and Securities for Money Debts and other personal Estate and Effects of what kind soever of in or to which I or any person or persons in trust for me shall be entitled at the time of my decease (subject to the dispositions herein before contained) unto the said Daniel Terry his Executors Administrations and assigns according to the nature and quality thereof respectively
And I declare that my said real and personal Estate herein before devised and bequeathed to the said Daniel Terry his Heirs Executors Administrators and Assigns respectively as aforesaid are so devised and bequeathed Upon the Trusts intents and purposes and with under and subject to the powers provisoes and declarations hereinafter expressed and contained and concerning the same that is to say
Upon Trust that he the said Daniel Terry his Heirs Executors Administrators and Assigns or the Trustee for the time being of this my Will do and shall with all convenient speed after my decease call in and convert into money my said personal Estate or such part thereof as shall not consist of money or government securities or mortgages upon real Estates and do and shall absolutely sell or dispose of my said freehold leasehold and real Estates by public Auction or private Contract or in parcels to any person or persons willing to become the purchaser or purchasers thereof respectively for such price or prices as to the said Daniel Terry his Heirs Executors Administrators or Assigns or the trustee for the time being shall seem reasonable
And for promoting and facilitating such sale or sales do and shall order into make and
secure all such contracts covenances conveyances surrenders assurances acts deeds matters
and things as to my said Trustee or his Heirs Executors Administrators or Assigns or the
trustee for the time being shall appear necessary
And I declare that the receipt or receipts of the said Daniel Terry his Executors
Administrators or Assigns or the trustee for the time being for any money payable under
this my Will shall effectively discharge the person or persons paying the same from being
answerable or accountable for the misapplication or non application thereof or any part thereof
And I declare that the said Daniel Terry his Heirs Executors Administrators or Assigns and other the trustee for the time being shall stand and be possessed of and interested in all the money to arise from the sale or sales herein before directed to be made of my freehold leasehold and Real Estates or to arise and be produced from that part of my personal Estate which I have directed to be converted into money and of and in the monies government securities stocks or funds and mortgages on real Estates of or to which I shall be possessed or entitled at the time of my decease and of and in the rents issues and profits interest dividends and annual produce thereof until the same shall be respectively sold or disposed of and converted into money
Upon Trust by with and out of the same to pay and satisfy all my just debts funeral and testamentary expenses and subject thereout to lay out and invest the said trust monies in his or their name or names in any of the Public Stocks or Funds of Great Britain or on real securities in England with power for my said Trustee or the Trustees for the time being to vary and transpose the said Stocks Funds or Securities of a like nature
And upon this further Trust that my said Trustee or Trustees for the time being do and shall during the life of Sarah Frances the Wife of Henry Crow pay the interest dividends and annual proceeds of the said Trust Monies Stocks Funds and Securities into the hands of the said Sarah Frances Crow or permit her to receive the same to and for her separate use independently or her present or any future husband and so as not to be subject to his debts control interference or engagements And I declare that the receipt or receipts of the said Sarah Frances Crow for the said interest dividends and annual proceeds shall whether she be covert or sole be an effectual discharge or discharges for the money therein mentioned to be received
And from and after the decease of the said Sarah Frances Crow Upon Trust that my said Trustee or the Trustee for the time being do and shall stand possessed of and interested in the said Stocks funds and securities for such one or more of the Children of the said Sarah Frances Crow in such shares and proportions and to be paid or transferred at such time or times and in such manner as the said Sarah Frances Crow shall by any deed or deeds in writing or writings legally executed with or without power of revocation and non application or by her last Will and Testament in writing or any Codicil or Codicils there to direct or appoint and in default of such direction or appointment
And as to any part of parts of the said Stocks Funds or Securities to which any such direction or appointment shall not extend In trust for all and every the Children of the said Sarah Frances Crow who being a son or sons shall attain the age of Twenty one years or being a Daughter or Daughters shall attain that age or marry to be divided between or amongst them if more than one in equal shares and proportions And if there shall be but one Child then the whole to be In Trust for such one Child And if there shall be no such Child then In Trust for such person or persons as the said Sarah Frances Crow shall by any Deed or Will direct or appoint in default of and subject to such direction or appointment to and for such person or persons as at the death of the said Sarah Frances Crow may be entitled there to as her next of Kin under the Acts for the distribution of Intestate Estates
And I do declare and direct that if it shall appear to my said Trustee or Trustee for the time being to be expedient to delay or suspend the sale and conversion of any part of my real Estate it shall be lawful for him so to do and in the meantime the income arising from so much of the said real Estate as shall remain unconverted (subject to all payments for repairs fire insurance and other necessary outgoings) shall go and be applied from the time of my decease in the same manner in all respects as the income arising from the Stocks Funds and Securities to be purchased with the proceeds thereof would have gone and be applied under the trusts hereinbefore contained Nevertheless I declare that my real Estate shall for the purposes of transmission be absolutely impressed with the qualities of personally from the time of my decease
And I give devise and bequeath all the Estates vested in me or any trusts or by way of mortgage and which I have power to dispose of by this my Will with their Appurtenances unto the said Daniel Terry his Heirs Executors Administrators and Assigns according to the nature and quality thereof respectively Upon Trust to hold or dispose of the said Trust Estate in the manner in which they ought to be held or disposed of pursuant to the said trusts and upon payment of the money secured on mortgage to convey or assign the estates in mortgage to the person or persons entitled thereto for the time being
And I declare that the money secured upon such mortgages shall be considered and taken as part of my personal Estate And my Will is that if the said Daniel Terry shall disclaim die decline or be unable or incapable of acting in the trusts of this my Will or if any Trustee for the time being shall hereafter die of become unwilling or be unable to act in the aforesaid trusts it shall be lawful to and for the said Sarah Frances Crow during her life and after her decease to and for the then continuing Trustee and if there be no such Trustee then for the Executor or Administrator of the last surviving or retiring Trustee to appoint any fit person to supply the vacancy so occurring in the said Trusteeship
and that immediately after every such appointment the said Trust Stocks Funds or Securities shall be vested in such new Trustee and that every such new Trustee shall have all the power and authorities contained in this my Will as fully as if he had been named herein And further that no trustee hereby or hereafter to be appointed shall be answerable for involuntary losses and that every Trustee shall be allowed all charges and expenses incurred in the execution of the Trusts hereof
And I do appoint the said Sarah Frances Crow Executrix of this my Will and do revoke all
former Wills by me at any time heretofore made
In Witness whereof I have hereunto set my hand the Eighth day of April One thousand eight hundred and fifty four
Thomas R Holmes
Signed and declared by the said Testator Thomas Rayner Holmes as and for his last Will in
the presence of us who at the same time in his presence and in the presence of each other
have hereunto set our names as Witness
Wm. Sankey Surgeon, Dover
George Rummin Surgeon, Dover
The before registered Will of Thomas Rayner Holmes deceased was proved the fourth day of May 1854 before the Worshipful Travers Twiss Doctor of Law Commissary General of the City and Diocese of Canterbury lawfully constituted by the Oath of Sarah Frances Crow (Wife of Henry Crow) the sole Executrix named in the said Will She being first sworn well and truly to perform the same
Notes:
The nephews mentioned in the Will were both christened at St. Nicholas-at-Wade:
16 April 1843 Francis William to Francis Thomas Sharpe and Ann Holmes
24 Nov 1844 Tom Rayner to Francis Thomas Sharpe and Ann Holmes
Thomas Rayner Holmes and siblings were also christened there:
07/02 1815 C Sarah Frances Francis and Sarah (Holmes)
24/08 1817 C Francis Thomas Sharpe Francis and Sarah
07/02 1820 C Thomas Rayner Francis and Sarah
23/03 1825 C William James Browning Francis and Sarah
Sarah Frances Holmes, ofa, Spinster of Sarre, d. of Frances Holmes, Innkeeper, married Henry Crow, ofa, Bachelor, Schoolmaster of Dover, s. of John Crow, Servant on 31st December 1839 at St. Nicholas-at-Wade. Their children were born in Dover.
Thomas Rayner Holmes was buried at St. Mary the Virgin, Dover on 17th April 1854.
It appears Francis and Sarah may be married at St. George the Martyr, Canterbury, by Licence:
30th Dec 1813 ML Francis Holmes of Westwell, servant, bachelor, 29 and Sarah Browning of St. George, spinster, 30.
Francis Holmes was christened at Westwell on Nov 1783, s. of Thomas and Elizabeth.
Return to Kent GenealogyWill of Thomas Read Holmes