Will of William Kemp

of Whitstable, Kent

First I direct all my just Debts and funeral and testamentary expenses to be paid and satisfied as soon as conveniently may be after my deceased And after and subject to the payment thereof I devise all the real Estate and bequeath all the personal Estate to which I shall be entitled at my decease unto and to the use of my dear Wife Mary during her life
And after her decease I devise and bequeath the same unto and to the use of my Sons Ozias Kemp and John Kemp their heirs executors administrators and assigns

Upon Trust to sell and dispose of collect and get in and convert the whole thereof into money is [in!] such way and manner as the Trustees or Trustee for the time being of my will shall think fit And I bequeath the monies to arise from such sale or conversion unto my Children the said Ozias Kemp Ann the Wife of William Barton the said John Kemp Martha the Wife of William Shearman Fedarb William Kemp and Mary the Wife of Richard Bennett Horton to be equally divided between them share and share alike

But I direct that the share of my said Daughter Mary the Wife of the said Richard Bennett Horton shall be paid to her for her separate use free from the control debts and engagements of her said husband or any future husband with whom she may hereafter intermarry and that her receipt alone shall be an effective discharge for the same

And I empower my said Trustees or Trustee for the time being in the sale of my said real Estate to make such stipulations regarding the Title or the Evidence of the Title thereto and otherwise with respect to the same as they or he shall think fit And I declare that my said Trustees or Trustee shall have power to give Receipts for Money paid by Purchasers and others to the said Trustees or Trustee which receipts shall discharge the persons taking the same from liability to see to the application of such money Provided that when and so often as necessary shall occur in the Trusteeship of my Will by reason of any of my Trustees or their Successors dying or being unwilling or incompetent to act the Trustees or Trustee for the time being competent to act whether intending to continue in the trust or not shall have power to nominate a Trustee or Trustees to supply the vacancy and thereupon my Trust Property shall be vested in the old jointly with the new Trustees or Trustee or in the new Trustees solely as the case may require

Provided further that my Trustees for the time being their heirs executors and administrators shall be answerable for their own respective acts and defaults only and shall be at liberty to retain and allow to each other their respective reasonable disbursements and expenses
And I devise unto my said Trustees Ozias Kemp and John Kemp their heirs executors administrators and assigns all the real Estate which shall be vested me as a Trustee or Mortgagee at the time of my decease subject to the equities and trusts affecting the same respectively

And I appoint my said sons Ozias Kemp and John Kemp the Executors of this my Will and I hereby revoke all former Wills
In Witness whereof I have hereunder set my hand this tenth day of March in the year of our Lord One thousand eight hundred and forty seven
William Kemp

Signed by the said Testator as his last Will and Testament in the presence of us present at the same time in the presence of the said Testator who at his request in his presence and in the presence of each other have subscribed our names as Witnesses
Stephn Plummer Junr. Solr. Canterbury - J.E. Bullen his Clerk

The before Registered Will of William Kemp deceased was proved the Twenty third day of July 1851 before the Reverend John Pechy Francis, Clerk Surrogate of the Worshipful Travers Twiss Doctor of Laws Official General to the Reverend Archdeacon of Canterbury lawfully constituted by the Oaths of Ozias Kemp and John Kemp; Sons of the deceased the Executors named in the said Will They being first sworn duly to perform the same

Notes:
William Kemp married Mary Turner at All Saints, Whitstable on 26th February 1799.
Their children (where C = christening):
03-Nov 1799 C Ozias (to) William and Mary Kemp Whitstable, All Saints
13-Dec 1801 C Ann William and Mary Kemp Whitstable, All Saints
06-Jan 1804 C John William and Mary Kemp Whitstable, All Saints
14-Dec 1806 C Martha William and Mary Kemp Whitstable, All Saints
28-Aug 1807 C Anne William and Mary Kemp Whitstable, All Saints
24-Dec 1809 C William William and Mary Kemp Whitstable, All Saints
06-Dec 1812 C Mary William and Mary Kemp Whitstable, All Saints

William Kemp (senior) was the son of Ozias and Martha Kemp (nee Hopper), christened at Whitstable on 15th December 1775.
William Kemp is buried 3rd February 1851 at All Saints, Whitstable

Transcription by Shelagh Mason 28th August 2018. Free to use by Individual researchers.

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