Jeken Will 1853

Will of Esther Jeken

of Dover, Kent


Source: Prerogative Court of Canterbury Prob11/2167
Submitted by Ros Dunning
This is the last Will and Testament of me Esther Jeken of the Town and Port of Dover in the County of Kent Widow made this twelfth day of July one thousand eight hundred and forty two in manner and form following (that is to say)

I give and bequeath unto my Daughter Mary the Wife of Kennett Kingsford all my household furniture wearing apparel trinkets and ornaments of the person and also my silver tea pot silver cream pot silver sugar basin and silver tea caddy to be delivered to her by my Executors hereinafter named as soon as conveniently may be after my decease
Also I give and bequeath unto my said daughter Mary Kingsford and my son James Jeken all the best of my plate and my linen and china to be equally divided between them

I give and bequeath unto my good friend and Relative John Jeken of Dover aforesaid Esquire and Frances his Wife the sum of five pounds and five shillings each for the purchase of Rings which I beg the said John Jeken and Frances his Wife to accept as a small token of my sincere esteem for them
Also I give and bequeath unto my Servant Elizabeth Crouch if she shall be living with me at the time of my decease the sum of five pounds

Also I give and bequeath to my said Son James Jeken and the said John Jeken the sum of one thousand one hundred pounds sterling and also twenty five share in the Essex Economic Fire Office and five shares in the Canterbury and Whitstable Railway Company respectively belonging to me and also all that my leasehold dwelling house with the appurtenances situate in the Parish of Saint James the Apostle in Dover aforesaid and now in my own occupation To hold the same respectively unto the said James Jeken and John Jeken their executors administrators and assigns nevertheless Upon the several trusts and to and for the ends intents and purposes hereinafter mentioned expressed and declared of and concerning the same (that is to say)

Upon Trust that they my said Trustees shall and do as soon after my decease as they or he in their or his discretion shall think fit subject to the direction hereinafter contained sell and absolutely dispose of the said shares in the said Essex Economic Fire Office and Canterbury and Whitstable Railway Company and of my said leasehold dwelling house with the appurtenances by public auction or private contract as to them or him shall seem expedient for the best price or prices in money that can be reasonably had or obtained for the same respectively and to convey and assign the same respectively to the purchaser or purchasers accordingly
Nevertheless I hereby declare that no sale of my said shares or messuage or tenement with the appurtenances shall be made in the lifetime of my said daughter Mary Kingsford without her previous consent in writing but the same shares or messuage or tenement with the appurtenances shall be subject to the trusts hereinafter contained concerning the said legacy of one thousand one hundred pounds sterling and the produce of the said shares and the stocks funds and securities on which the same respectively shall be invested and the rents and yearly produce thereof be deemed annual income for the purposes of such trusts

And I will and declare that the receipt and receipts of my said Trustees for the monies for the said respective shares and the said messuage or tenement with the appurtenances shall be respectively sold shall be a sufficient discharge and sufficient discharges to the purchaser or purchasers of the same respectively for his her or their purchase money or so much thereof as shall be therein acknowledged or expressed to have been received And that such purchaser or purchasers his her or their executors administrators or assigns or any of them shall not afterwards be answerable or accountable for the application or disposition of such purchase money respectively or for any loss or misapplication or nonapplication of the same or any part or parts thereof respectively
And as touching the monies that shall arise by or from such sale or sales as aforesaid and the said legacy or sum of one thousand one hundred pounds hereinbefore by me bequeathed as aforesaid I give and bequeath the same and every part thereof to my said Trustees Upon the Trusts and for the intents and purposes and under and subject to the powers provisos declarations and agreements hereinafter expressed to concerning the same (that is to say)
Upon Trust that they my said Trustees do and shall place put and invest the same in or upon any of the Parliamentary stocks or funds of Great Britain or on real securities in England or beneficial leasehold estates at interest and do and shall vary alter or transpose such stocks funds or securities for others of the like nature when and so often as it shall seem expedient and do and shall pay the annual interest and dividends of such stocks and securities unto my said daughter Mary Kingsford for and during the term of her natural life without the power of anticipating the same for her own sole and separate use and without the control or interference of her present or any future husband and so that the same may not be subject to his debts contracts and engagements and the receipt of my said Daughter alone notwithstanding coverture to be an effectual discharge to my said Trustees for all payments made to her for such interest or dividends as and when the same shall from time to time become payable

And from and immediately after the decease of my said Daughter Then upon Trust that they my said Trustees do and shall assign and transfer all the said monies and the stocks funds and securities upon which the same shall be laid out and invested unto and equally between the child and children of my said Daughter who shall be living at their Mother�s decease and the issue of such of them as shall be then dead leaving issue such issue taking only what would have been the share or shares of his her or their deceased parent or parents therein

I give and bequeath unto my said Son James Jeken all and every the Rest Residue and Remainder of my Personal Estate and Effects whatsoever and wheresoever not hereinbefore otherwise given bequeathed or disposed of (after payment thereout of my just debts funeral and testamentary expences and the legacies given by this my Will) to and for his own use and benefit

And I declare it to be my Will that my said Trustees shall respectively be charged and chargeable only for such monies as they shall respectively actually receive by virtue of the trusts hereby in them reposed notwithstanding they or either of them shall give or sign or join in giving or signing any receipt or receipts for the sake of conformity and that one of them shall not be answerable or accountable for the other of them but each of them for his own acts deeds receipts or defaults respectively and that they or either of them shall not be answerable or accountable for any person or persons acting under or employed by them or either of them or either of them in the management ��. trust estates and effects or the receipt of the rents and issues thereof nor for any Banker Broker or other person with whom or in whose hands any part of the said trust monies shall or may be deposited for safe custody or otherwise in execution of the trusts hereinbefore contained and that they��.shall not be answerable for any other loss or damage which shall happen in the execution of the aforesaid trusts except the same shall happen by or through his or their own wilful default respectively and in that case each person respectively shall alone be answerable for such loss or damage as shall arise from his own wilful default and also that it shall and may be lawful for my said Trustees and each of them their and each of their heirs executors administrators and assigns by and out of the monies which shall come to their respective hands by virtue of the trusts in this my Will to retain and reimburse himself and themselves respectively and also to allow to his co trustee all costs charges damages and expences which he or they respectively shall suffer sustain or expend in and about the execution of the aforesaid trusts or in relation thereunto

And I declare that the death refusal or incapacity of the said trustees or of any or either of them or of any trustees or trustee to be appointed under this Clause it shall be lawful for my said Daughter Mary Kingsford (notwithstanding coverture) and after her decease for the capable trustees or trustee for the time being of my Will whether refusing further to act or not or for the executors or administrators of the last deceased trustee to appoint a fit person or persons to supply the place of the deceased refusing or incapacitated trustees or trustee And I declare that the previous Clauses so far as they concern my Trustees hereinbefore shall extend and be applied to the Trustees or Trustee for the time being of my Will

And I constitute and appoint the said James Jeken and John Jeken Executors of this my Will
And lastly I hereby revoke and make void all and every other Will and Wills at any time heretofore made by me and do declare that this present writing comprised in four sheets of paper alone contains the whole of my last Will and Testament

In Witness whereof I the said Esther Jeken have to the bottom of the said four sheets of paper affixed together containing my last Will and Testament set my hand the day and year first above written Esther Jeken
(Attestation Clause)
Rd Menpes of Dover Gent _ Maria Morris of St James�s Street Dover

Proved at London 28 February 1853


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Will of Esther Jeken
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