Will of Ann Hunt

of Milton next Sittingbourne, Kent

This is the last Will and Testament of me Ann Hunt of Milton next Sittingbourne in the County of Kent Widow
I appoint John Hinde of Milton aforesaid Gentleman and James Tayler of the same place Saddler Executors and Trustees of this my Will

I Give and Devise all that my Messuage & Tenements called “The Crown and Anchor” situate lying and being in the Town of Milton aforesaid unto and to the use of my said Executors and Trustees their Heirs and Assigns for ever
Upon trust to pay the rents and profits thereof unto my Daughter Ann Eason the Wife of Thomas Eason for her life for her separate use free from the Control and Debts of her present and any future Husband And that my said Daughter shall have no power to anticipate the same

And after the decease of my said Daughter Upon trust for all and every the Child and Children of the said Ann Eason who either in her life time or after her decease shall attain the age or respective ages of twenty one years or shall die under that age leaving lawful issue living at his her or their decease or respective deceases and his her or their Heirs and Assigns for ever (and) if more than one as Tenants in Common

And as to all the residue of the real Estate of what nature or Kind soever And also all Moneys, Securities for Money and all other the personal Estate and Effects whatsoever and wheresoever which I shall be seized or possessed of or entitled to at the time of my decease I Give and Bequeath the same respectively unto my said Trustees their Heirs Executors Administrators and Assigns Upon the trusts following (that is to say)

Upon trust as soon as conveniently may be after my decease in the discretion and of the absolute authority of my said Executors and Trustees to sell and dispose of or convert into money in such manner as the said Trustees of Trustee shall think proper (the) said real Estate and so much and such parts of the said residuary Personal Estate as shall not consist of money or eligible securities for investments of money And to collect and get in and receive the remaining parts of the same residuary Personal Estate

And I hereby further declare that my said Trustees and Trustee shall stand possessed of as well the money to be produced from the sale in conversion of my real and residuary personal Estate as aforesaid and otherwise arising therefrom Upon trust thereout to pay and satisfy or return all my just debts personal and testamentary expences and all Expences incident to the Execution of the trusts hereby exated?

That upon further trust to lay out and invest the surplus of the same money in the Names or Name of my said Trustees or Trustee in or upon Public Stocks or Funds or other Government Securities of the United Kingdom or any real Securities in England with full power for my said Trustees and Trustee as often as they shall think proper to vary and transpose as well the Stocks Funds and Securities wherein such Investments shall be made as the Stocks Funds or Securities which may at my decease compose part of my said Personal Estate

And upon further Trust to stand possessed of one Moiety or half part of all and singular the said Stocks, Funds and Securities Upon trust from time to time to pay the annual Income arising therefrom unto my daughter the said Ann Eason free from the control and Debts of her present and any future Husband and so that my said Daughter shall have no power to anticipate the same

And after the decease of my said Daughter Upon trust from time to time to pay the said annual Income unto her Husband the said Thomas Eason during his life
And I hereby declare that in case the said Thomas Eason shall alien ma...e? or anticipate the said Income or any part thereof then and immediately thereupon his Interest under the aforesaid trust shall cease and determine

And subject to the trusts aforesaid Upon trust to pay in transfer the said of the said Stocks Funds and Securities unto all and every the Children of my said Daughter who shall in her life time or after her decease attain the age or respective ages of twenty one years or shall die under that age leaving lawful issue leaving at his her or their decease or respective deceases and his her or their executors administers and assigns if more than one as tenants in common

And I direct that after the decease of my said Daughter and after the decease of her said Husband or the sooner determination of his Interest the Income arising from the presumptive share or respective shares of any Child or Children of my said Daughter who shall be then a Minor or Minors and unmarried or such portion thereof as my said trustees shall think proper shall be applied for the maintenance and education of such Child or Children respectively until his her or their Minority and the unapplied Portion if any of such Income shall be added to the Principal of the share or shares of whence the same shall have arisen But such accumulated Fund shall remain applicable if occasion shall require for the Maintenance and Education of the Child or Children from whose share or respective shares the same Have arisen

And in case there shall be no Child of my said Daughter Ann Eason who shall live to acquire a vested Interest under the trusts aforesaid then I declare that the said Moiety of the said trust Funds and Premises shall be subject to the trusts hereinafter declared concerning the other Moiety thereof

And as to the other or remaining Moiety or half part of all and singular the said trust Funds and Premises I declare that the same shall be held Upon Trust the benefit of my Daughter Cordelia Wood the Wife of Richard Wood and for her Husband the said Richard Wood and her Children and for the like Interests and subject to the like restrictions and provisions and in the manner in all respects as I have declared concerning the Moiety hereby limited In trust for my said Daughter Ann Eason and her said Husband and Children

And in case my said Daughter Cordelia Wood shall have no child who shall live to acquire a vested Interest under the trusts aforesaid then I declare that her said Moiety in the said trust premises shall be held upon and subject to the same trusts as are hereinbefore declared concerning the past mentioned Moiety of the said trust Funds and Premises

Provided always and I hereby declare that notwithstanding the trust in sale and conversion hereinbefore contained it shall be lawful for my said Trustees to postpone or defer the sale or conversion of any part of my real and personal Estate for such period as to them or him shall seem expedient and that under such Sale and Conversion the rents and annual income arising from and the use and enjoyment of the said real and personal estate shall be ??? by and belong to the person or persons who would be entitled to the annual produce arising therefrom under the trusts of this my will as if such Sale and Conversion had actually taken place
Nevertheless I hereby declare that this authority to postpone the conversion of the said trust estate shall not prevent the same from being impeached with the Character or quality of personal estate from the time of my decease

And I hereby direct and declare that if the trustees for the time being of this my Will shall deem it expedient to make ...........?? rents accruing during the continuance of any of the trusts hereby created on one or more mortgage or mortgages or any part or parts of my real and personal estate for the purpose of discharging any mortgage or other debt or debts owing by me of for carrying into effect any of the trusts and purposes of this my will it shall be lawful for such trustees or trustee to raise the same by ??? accordingly and for that purpose to make and execute such Indentures or other instruments containing such powers and stipulations including a power of sale to the mortgagee or his trustee in default of payment or otherwise as the said trustees or trustee in their or discretion shall think proper

And I further empower the trustees for the time being of this my will to demise or let any part of my real estates for such periods at such rents and subject to such dispositions and provisions as they shall think proper and also to expend any sum or sums of money in the repair or alteration of any part of my real estate such sums to be paid either out of the income as they shall think proper out of the Capital of the trust funds and premises for the time being vested in them upon the trusts of this my will

And I empower the trustees for the time being of this my will in the exercise of the trust for sale hereinbefore contained to purchase in any part of my trust estate which shall be offered for sale by auction if it shall be deemed expedient so to do and also to rescind or vary the Terms of my Contract for sale which may have been entered into and to make and enter into special stipulations concerning the title or evidence of title to be required by any purchaser or purchasers And also in the discretion of the said trustees to sell any part of the trust estate upon credit (?)

And I further empower the said trustees and executors? to compound for any claims or demands which they may bank upon or against any person or person whomsoever And I also empower my said Executors and Trustees to pay any sum or sums of money which shall be claimed to be owing from my trust estate upon such evidence whether strictly legal or not as they shall deem sufficient and satisfactory And also to enter any dispute with any Creditor or creditors of my estate to arbitration and to ...? full and ample discharge to any person or persons with whom I in my lifetime or the said trustees after my decease shall have had any accounts dealings or transactions whatsoever

And I further empower my trustees for the time being to purchase the remaining undivided share or shares in my real estate in which I now hold or in which I may at the time of my decease hold any undivided share if they shall deem it expedient so to do and the share or share so purchased shall be conveyed to the said trustee and be held by them upon the trusts hereinbefore declared concerning my residuary real estate or such of them as shall be then subsisting and capable of taking effect And I direct that any person paying any monies to the trustees or trustee for the time being of this my will shall be exempt from all responsibility in respect of the application thereof

I Give and Devise unto my said trustees and their heirs and assigns All the lands and hereditaments which may at the time of my decease be vested in me as trustee or mortgagee in fee To hold the same unto and to the use of them the said trustees their heirs and assigns upon and subject to the several trusts and equities affecting the same hereditaments respectively

Provided always and I hereby declare that in Case either of my trustees hereinbefore named shall die my lifetime or shall at my decease renounce the trusts of this my Will or be incapable of acting then or in Case the same trustees or either of them or any trustee or trustees to be appointed under this present provision shall at any time thereafter die or become unwilling or unable to act in the aforesaid trusts before the trusts shall be fully executed and performed it shall be lawful for the surviving or continuing trustee for the time being under this my will or if there be no such trustee or he or she shall decline to exercise the present power then for the Executors or Administrators of the deceased trustee or if more than one the last deceased trustee to nominate any fit persons or person to supply the place or places of the trustee or trustees respectively so dying or renouncing or becoming unable or unwilling to act as aforesaid
And that immediately after every such Appointment the said trust estate money and effects shall be conveyed assigned and transferred at the costs of my trust estate in such manner that the same may vest in such new trustee or trustees jointly with the surviving or continuing trustee or in such new trustee or trustees jointly with the surviving or continuing trustee or in such new trustee of trustees as the Case may require subject to the trusts aforesaid and such new trustee or trustees receive all the powers and authorities hereinbefore contained in the same manner as if he or they had been appointed as trustee or trustees by this my Will

And I further declare that the said trustees for the time being of this my Will shall be accountable? with such incoming? money only as they respectively shall actually receive notwithstanding their joining in any receipt or receipts or being any ?? for the sake of Conformity and that they or any of them shall not be answerable or accountable for any involuntary loss

And that it shall be lawful for the said trustees for the time being out of the money which shall come to their hands by virtue of the trusts aforesaid to retain and reimburse themselves respectively And also to allow to each other all Costs Charges damages and expences and fees for Counsel for advice which they or any of them may incur in the execution of the foresaid trusts or in relation thereto And especially I declare that any present or future trustee of this my Will who is or shall be of the profession of any Attorney or Solicitor shall be entitled to make the same Charge for business professionally transacted for the trust estate as such trustee would have been entitled to make for such business if he had not been a trustee

And I hereby revoke all former Wills by me at any time heretofore made
In Witness whereof I the said Ann Hunt the testator have to this my said last will and testament contained in six sheets of paper subscribed my name to the bottom of every sheet thereof this seventh day of May One thousand eight hundred and forty
Ann Hunt

Signed by the said Ann Hunt the testatrix in the presence of us present at the same time who in her presence and in the presence of each other have hereunto subscribed our Names as Witnesses
Robt. Hinde - Henry Webb

The before registered Will of Ann Hunt Widow deceased was proved the nineteenth day of October 1842 before the Reverend John Peachey Francis, Clerk, Surrogate to the Right Worshipful Sherrard Beaumont Burnaby, Doctor of Law, Official General to the Reverend the Archdeacon of Canterbury lawfully constituted by the Oaths of John Hinde and James Taylor the Executors named in the said Will They being first sworn duly to perform the same

Transcribed by Shelagh Mason 23rd April 2021

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