Will of William Kingsland

of Wye, Kent

And I Give and devise unto my dear Wife Elizabeth Kingsland All that my Cottage or Tenement with the Garden and Appurtenances thereto adjoining and belonging situate and being in the Parish of Wye aforesaid near a place called the Pear Tree now in the Occupation of William Smead To hold the same unto her my said Wife and her assigns during the Term of her natural life

And I also Give and Bequeath unto her my said Wife absolutely as much of my Household Goods and Furniture, Plate, Linen and China now being or which at the time of my decease shall be in and about my Dwelliinghouse at Pet Street aforesaid as she shall require and select to furnish the said Cottage or Tenement before bequeathed to her And also any one of my Cows which I shall be possessed of at the time of my decease and which she may think proper to make choice of

And I likewise bequeath unto her my said Wife Elizabeth Kingsland and her assigns for the term of her natural life One Annuity or clear yearly sum of Fifty pounds of lawful money of Great Britain to be issuing and payable out of and charged and chargeable on all and every my Messuages, Farms, Lands, Tenements, hereditaments and real Estate whatsoever and wheresoever (except the said Cottage hereinbefore devised to her my said Wife)
And I direct the said Annuity to be payable and paid quarterly by equal quarterly payments upon the ninth day of January, the sixth day of April, the sixth day of July and the sixth day of October in each and every year the first quarterly payment thereof to begin and be made on such of the said days as shall first and next happen after my decease

And I Give unto my said Wife such and the like powers and remedies of distress and entry upon and perception of the Rents and profits of all and every my said Hereditaments and real Estate in case the said Annuity or any part thereof shall be in arrear for the space of twenty one days next after any or either of the said days hereinbefore appointed for payment thereof as Landlords are by Act of Parliament authorized to take and exercise with respect to rents received on common Demises and subject to the payment of the said annuity and to the powers and remedies hereinbefore given for payment thereof

I Give and devise unto my two Sons David Kingsland and Mark Kingsland their Heirs and assigns All and every my Messuages, Farms, Lands, Tenements, Hereditaments and real Estate whatsoever and wheresoever whereof I or any person or persons in Trust for me or to my use are is or are seized possessed of or otherwise well entitled to in possession, Reversion, remainder, expectant or otherwise howsoever (but subject as to the said Cottage or Tenement, Gardens and Appurtenances herein before devised to my said Wife for her life as aforesaid to the life Estate and Interest therein of her my said Wife)
To hold the same unto my said two Sons their heirs and assigns for ever

Nevertheless To the use of my Neighbours Mr. James Tassel of Coldharbour Town in Wye aforesaid and William Payne of Marriage Farm in Wye aforesaid their Executors Administrators and Assigns for and during the Term of Five hundred Year to commence and be computed from the day of my decease and therein next ensuing and fully to be complete and ended without Impeachment of Waste but upon the Trusts nevertheless and subject to the Provisoes hereinafter expressed and contained of and concerning the same

And from and immediately after the Expiration or other sooner determination of the said Term and in the mean time subject thereto and to the Trusts thereof As to one full and equal undivided third part of an in my said Hereditaments and real Estate (the whole into three equal parts being divided or considered as divided) For the use of my said Son David Kingsland his heirs and assigns for ever And as to one other full and equal undivided third part or share of and in my said Hereditaments and real Estate (the whole into three equal parts being divided or considered as divided) For the use of my said Son Mark Kingsland his Heirs and assigns for ever

And as to the other or remaining one undivided third part of and in my said Hereditaments and real Estate (the whole into three equal parts being divided or considered as divided) of and in my said Hereditaments and real Estate To the use of William Kingsland, Daniel Kingsland, Henry Kingsland, John Kingsland, Mark Kingsland, David Kingsland and Thomas Kingsland (the seven Sons of my late deceased Son Daniel Kingsland) in equal shares as Tenants in Common their several and respective heirs and assigns for ever

And as to the said Term of Five hundred Years hereinbefore limited in use to the said James Tassel and William Payne their Executors Administrators and assigns my Will is And I hereby declare that the said Term is so limited to them upon and for the Trusts Intents and Purposes and with under and subject to the powers provisoes and Declarations hereinafter expressed and declared of and concerning the same (that is to say)

Upon trust until default shall be made in some quarterly payment of the said annuity or yearly rent Charge of Fifty pounds hereinbefore provided for my said Wife at the times hereinbefore appointed for payment thereof to permit and suffer the person or persons who for the time being shall be entitled under or by virtue of the Limitations hereinbefore contained concerning my said Hereditaments and real Estate expectant on the determination of the said Term to receive take and retain the rents issues and profits thereof to and for his and their own use and benefit

And Upon this further Trust that in case the said annuity or yearly rent Charge or any part thereof shall at any time be in arrear and unpaid for the space of ten days next after any of the said days or times whereon the same is herein before made payable then and so often as the same shall happen it shall be lawful for the said Trustees of Trustee (although no formal or legal demand shall have been made of the same or of the arrears thereof) and they and he are and is hereby expressly authorized to enter into and upon all and every or any part or parts of the said Hereditaments and real Estates and by and out of the Rents Issues and profits thereof or by Mortgage Sale or other disposition of all or any part of the said hereditaments and real Estate for all or any part of the said Term or by all or any of other lawful ways or means whatsoever to levy raise and pay the said Annuity or yearly rent Charge or so much thereof as shall be from time to time in arrear together with all such Costs Charges Damages and expences as she my said Wife or her assigns or the Trustees or Trustee shall or may expend or be put unto by reason of the nonpayment of the same or any part thereof or in the execution of the said Trusts
And to pay the overplus (if any) which shall arise by the means aforesaid to the person or persons who shall be entitled to the said premises next in remainder or Reversion expectant on the determination of the said Term

And upon this further Trust that the said Trustees or Trustee do and shall by demise Mortgage Sale or other disposition either at one time or several times of the said Hereditaments comprized in the said Term of Five hundred years or any part thereof for all or any part of the said Terms or by and out of the Rents issues and profits thereof or by bringing Actions against the Tenants or Occupiers of the premises for arrears of Rent or by all or any of the said Ways or Means or such other lawful Ways or Means as they or he the said Trustees or Trustee shall think fit
And in case of any Mortgage of the said premises or any part thereof by sale of the Premises or Mortgages so any part thereof for the purposes of paying off or extinguishing the said Mortgage levy and raise the several Sums of Money hereinafter mentioned for the benefit of my several Daughters hereinafter named and their Husbands and their respective Issue (that is to say)

The Sum of Eight hundred pounds of lawful Money of Great Britain for the benefit of my Daughter Mary the Wife of Edmund Lancefield of the parish of Wye [Waltham inserted in pencil] aforesaid Labourer during her Life and after her decease then for the benefit of the Issue of my said Daughter according to the Trusts hereinafter declared thereof
the Sum of Two hundred and fifty pounds of like money for the benefit of my Daughter Elizabeth the Wife of Thomas Manuel otherwise Manewell of Hastingleigh in the said County Labourer and of her said Husband during their joint natural lives and the life of the longest liver of them and after the decease of the Survivor of them for the benefit of the Issue of my said Daughter according to the Trusts hereinafter declared thereof
the Sum of Three hundred and ninety pounds for the benefit of my Daughter Harriet the Wife of William Harris of Sole Street in the parish of Crundall in the said County Husbandman and of her said Husband during their joint natural lives and the life of the longer liver and after the decease of the Survivor of them then for the benefit of the said Issue of my said Daughter Harriet according to the Trusts hereinafter declared thereof
the Sum of One thousand pounds for the benefit of my Daughter Maria the Wife of John Newport of Elmstead in the County aforesaid Tanner and of her said Husband during their joint lives and the life of the longer liver of them and after the decease of the Survivor of them then for the benefit of the said Issue of my said Daughter Maria according to the Trusts hereinafter declared thereof
The Sum of Six hundred pounds for the benefit of my Daughter Catherine the Wife of Richard Richardson of Chilham in the said County Labourer and of her said Husband during their joint lives and the life of the longer liver of them and after the decease of the Survivor of them then for the benefit of the said Issue of my said Daughter according to the Trusts hereinafter declared thereof
And the Sum of One thousand pounds for the benefit of the Children of my late deceased Daughter Caroline the Wife of William Richardson of Sole Street aforesaid Husbandman according to the Trusts hereinafter declared thereof

And my Will is And I direct that my said Trustees or the Survivor of them his Executors Administrators or assigns shall stand and be possessed of and interested in the said several Sums so to be levied and raised as last aforesaid upon the Trusts following (that is to say)
As to the Sum of Eight hundred pounds my Will is and I direct that the said James Tassell and William Payne or the Survivor of them his Executors or administrators do and shall lay out and invest the same in their or his names or name in the purchase of Stocks in some or one of the public Funds or upon other Government or real Securities at Interest of and in England and do and shall at the discretion and of the proper authority of my said Trustees or Trustee for the time being alter vary and change the said Stocks funds and Securities or any part thereof for or unto others of the like nature or descriptions as often as it shall become necessary or be thought expedient and do and shall pay over the Dividends Interest and annual produce of the said Trust Stocks funds and Securities as the same shall be come due and be received into the proper hands of my said Daughter Mary Lancefield for her sole separate personal and peculiar use and benefit for the Term of her natural life or unto such person or persons for such uses ends and purposes as she my said Daughter Mary Lancefield shall (after and not before the same shall become due or in the way of Anticipation) by any Note or Notes in writing under her hand (notwithstanding her Coverture) from time to time or at any time or times direct or appoint without being subject to the power controul debts engagements or incumbrances of her present Husband or any future Husband of her my said Daughter in any manner or upon any account whatsoever
And I do hereby expressly declare and direct that the Receipt and Receipts of her my said Daughter Mary Lancefield under her hand alone and without her said present or any future Husband notwithstanding her present or any future Coverture or of such person or persons as she shall in manner aforesaid appoint to receive the same shall be a good and sufficient discharge and good and sufficient discharges for the said Dividends Interest and annual proceeds of the said Trust Stocks Funds and Securities or for so much thereof as in such Receipt or Receipts shall be expressed or acknowledged to be received

And from and after the decease of her my said Daughter Mary Lancefield then Upon Trust to transfer and pay the said Stocks Funds and Securities and the Dividends interest and annual produce thereof unto the Child (if only one) and if more than one then unto between and amongst all and every the Children of my said Daughter Mary Lancefield lawfully begotten equally to be divided between them if more than one share and share alike as Tenants in Common to be vested in such and the same Children as shall be a Son or Sons when and as he or they shall attain his or their age or respective ages of twenty one years or die under that age leaving lawful Issue living at his or their death or respective deaths and in such of the same Children as shall be a Daughter or Daughters when and as she or they shall attain the like age or be married which shall first happen
And I declare and direct that there shall be benefit of Survivorship and also of accruer between or among the said Children in the event of the death of any one or more of them before acquiring a vested Interest and that such surviving or accruing shares shall be vested at the times hereinbefore appointed for the vesting of the original Shares
Provided always and my Will is that it shall be lawful for the said Trustees or Trustee for the time being at any time after the decease of my said Daughter Mary Lancefield to apply all or any part of the Dividends Interest and Income arising from the portion of any or either of the said Children of her my said Daughter of and in the said Stocks Funds and Securities during the Minority or dis-coverture of such Children respectively in or towards their maintenance education or advancement in such manner as that they or he the said Trustees or Trustee for the time being shall think fit and also to advance and pay to and for each any or either of such Children notwithstanding his her or their minority or discoverture any part not exceeding one half of the then vested or expectant share of any such Children of and in the said Stocks Funds and Securities either for placing out any such Children being a Male to any Business or Employment or otherwise for the advancement or preferment in the World or in Marriage of any such Children being either male or female
And in case there shall not be any Child or Children of my said Daughter Mary Lancefield or being such if all of them shall happen to depart this life before acquiring a vested Interest then my Will is And I direct that the said Stocks Funds and securities in such part thereof as shall not have been theretofore applied and disposed of under any of the Trusts or powers hereinbefore contained shall go to and be divided amongst the Sisters of my said Daughter Mary Lancefield who shall be living at the time of her decease in equal proportions if more than one or the whole to the Survivor or their or his legal personal representative

And as to the sum of Two hundred and fifty pounds hereinbefore declared to be raised for the benefit of my said Daughter Elizabeth Manuel otherwise Manwell and her Husband and Issue my Will is and I direct that my Trustees or Trustee for the time being shall stand possessed thereof and of and in the Stocks Funds and Securities in or upon which the same shall be invested and the dividends interest and annual produce thereof upon such and the same trusts for the sole and separate use of my said Daughter Elizabeth Manuel otherwise Manwell during her life as are hereinbefore declared with respect to my said Daughter Mary Lancefield in reference to the dividends interest and annual proceeds of the said Sum of Eight hundred pounds or the Stocks Funds and Securities in or upon which the same shall be invested during her life
And from and after the decease of my said Daughter Elizabeth Manuel otherwise Manwell then Upon Trust to pay the dividends interest and annual proceeds of the said Sum of Two hundred and fifty pounds or the Stocks Funds or Securities in or upon which the same shall be invested unto the said Thomas Manuel otherwise Manwell or his assigns or permit and empower him and them to receive and the same for his and their own use during his natural life

And from and immediately after the decease of the survivor of them my said Daughter Elizabeth and her said Husband then my said Trustees or Trustee shall stand possessed of the said Sum of Two hundred and fifty pounds or the Stocks Funds or Securities in or upon which the same shall be invested Upon and for such and the same trusts in all respects for the benefit of the Child and Children of my said Daughter Elizabeth Manuel otherwise Manwell and otherwise as are hereinbefore expressed declared and contained of and concerning the said sum of Eight hundred pounds and the Stocks Funds and Securities in or upon which the same shall be invested and the interest dividends and annual proceeds thereof for the benefit of my said Daughter Elizabeth Lancefield [Mary Lancefield!] and her Child and Children and otherwise in like manner to all intents and purposes as if such trusts were here fully repeated

And as to the sum of Three hundred and ninety pounds hereinbefore directed to be raised for the benefit of my said Daughter Harriet Harris and her Husband and Issue my Will is and I direct that my said Trustees or Trustee for the time being shall stand possessed thereof and of and in the Stocks Funds and Securities in or upon which the same shall be invested and the dividends interest and annual proceeds thereof upon such and the same trusts for the sole and separate use of my said Daughter Harriet Harris during her life and after her decease for the benefit of the said William Harris during his life and after the decease of the survivor of them for the benefit of the Child and Children of my said Daughter Harriet Harris and otherwise as are hereinbefore (expressly or by reference) expressed and declared for the benefit of my said Daughter Elizabeth Manuel otherwise Manwell and her Husband Child and Children with respect to the above mentioned sum of Two hundred and fifty pounds and the Stocks Funds and Securities in or upon which the same shall be invested and the dividends interest and annual proceeds thereof in like manner to all intents and purposes as if such Trusts were here fully repeated

And as to the sum of One thousand pounds hereinbefore directed to be raised for the benefit of my said Daughter Maria Newport and her Husband and Issue my Will is and I direct that my said Trustees or Trustee for the time being shall stand possessed thereof and of and in the Stocks Funds and Securities in or upon which the same shall be invested and the dividends interest and annual proceeds thereof upon such and the same trusts for the sole and separate use of my said Daughter Maria Newport during her life and after her decease for the benefit of the said John Newport during his life and after the decease of the survivor of them for the benefit of the Child and Children of my said Daughter Maria Newport and otherwise as are hereinbefore (expressly or by reference) expressed and declared for the benefit of my said Daughter Elizabeth Manuel otherwise Manwell and her Husband Child and Children with respect to the above mentioned sum of Two hundred and fifty pounds and the Stocks Funds and Securities in or upon which the same shall be invested and the dividends interest and annual proceeds thereof in like manner to all intents and purposes as if such Trusts were here fully repeated

And as to the sum of Six hundred pounds hereinbefore directed to be raised for the benefit of my said Daughter Catherine Richardson and her Husband and Issue my Will is and I direct that my said Trustees or Trustee for the time being shall stand possessed thereof and of and in the Stocks Funds and Securities in or upon which the same shall be invested and the dividends interest and annual proceeds thereof upon such and the same trusts for the sole and separate use of my said Daughter Catherine Richardson during her life and after her decease for the benefit of the said Richard Richardson during his life and after the decease of the survivor of them for the benefit of the Child and Children of my said Daughter Catherine Richardson and otherwise as are hereinbefore (expressly or by reference) expressed and declared for the benefit of my said Daughter Elizabeth Manuel otherwise Manwell and her Husband Child and Children with respect to the above mentioned sum of Two hundred and fifty pounds and the Stocks Funds and Securities in or upon which the same shall be invested and the dividends interest and annual proceeds thereof in like manner to all intents and purposes as if such Trusts were here fully repeated

And as to the sum of One thousand pounds hereinbefore directed to be raised for the benefit of my said late Daughter Caroline Richardson my Will is and I direct that my said Trustees or Trustee for the time being shall stand possessed thereof and of and in the Stocks Funds and Securities in or upon which the same shall be invested and the dividends interest and annual proceeds thereof upon such and the same trusts for the benefit of the Child and Children of my said late Daughter Caroline Richardson and otherwise as hereinafter expressed and declared for the benefit of my said Daughter Mary Lancefield with respect to the above mentioned Sum of Eight hundred pounds and other Stocks Funds and Securities or upon which the same shall be invested and the dividends interest and annual proceeds thereof in like manner to all intents and purposes as if such Trusts were here fully repeated

Provided always and I do hereby further declare my Will to be that when and as soon as the trusts hereinbefore declared concerning the said term of five hundred years shall have been fully performed or satisfied or shall become unnecessary or incapable of taking effect or in case the sum or sums to be raised by means thereof shall be paid by the person or persons who shall be entitled to the premises therein comprised next in remainder or reversion expectant upon the said term and the costs charges and expences of the Trustees of the said term in and about the execution and performance of the trusts thereof shall have been fully paid and satisfied (and which they are hereby empowered to levy and raise by all or any of the ways or means aforesaid and to retain accordingly) then and from thenceforth the said term of five hundred years of and in the said premises or so much thereof as shall remain unsold ad undisposed of for the purposes aforesaid shall cease determine and by utterly void to all intents and purposes whatsoever any thing hereinbefore contained to the contrary thereof in any wise notwithstanding but without prejudice nevertheless to any Sale Mortgage or other Disposition which shall or may have been previously made of any part thereof or of the hereditaments therein comprised for any of the same purposes

And Whereas I have heretofore advanced unto my said Son in Law Thomas Manuel otherwise Manwell to place him in business the sum of Seven hundred and fifty pounds and by way of security for the repayment thereof he has signed and given to me his Promissory Note of Hand Now I do hereby give and bequeath unto the said James Tassell and William Payne their executors administrators and assigns the said debt or sum of Seven hundred and fifty pounds and the security or securities so taken and held by me for the same
And I direct that they shall stand possessed thereof or of so much therefore as shall be recovered or gotten in under the aforesaid Security for the same Upon and for such and the same trusts intents and purposes in all respects as are such hereinbefore expressed and declared of and concerning the said sum of Five hundred and fifty pounds hereinbefore directed to be raised under the trusts of the above mentioned term of Five hundred years

And Whereas I have heretofore advanced unto my said Son in Law William Harris the several sums of Four hundred and fifty pounds and One hundred and sixty pounds to place him in Business and by way of security for the repayment thereof he has signed and given his Promissory Note of Hand or otherwise he has given to me his accountable receipt or receipts for the same
Now I do hereby give and bequeath unto the said James Tassell and William Payne their executors administrators and assigns the said debts or sums of Four hundred and fifty pounds and One hundred and sixty pounds and the security or securities so taken and held by me for the same
And I direct that they shall stand possessed thereof or of so much thereof as shall be recovered or gotten in under the aforesaid securities for the same upon and for such and the same trusts intents and purposes in all respects as are hereinbefore expressed and declared of and concerning the said sum of Three hundred and ninety pounds hereinbefore directed to be raised under the trusts of the above mentioned term of five hundred pounds

And Whereas I have heretofore advanced unto my said Son in law Richard Richardson the Sum of Four hundred pounds to place him in Business and by way of Security for the repayment thereof he has signed and given his Promissory Note of hand or otherwise he has given to me his accountable receipt for the same Now I do hereby give and bequeath unto the said James Tassell and William Payne their executors administrators and assigns the said debt or sum of Four hundred pounds and the security so taken and held by me for the same
And I direct that they shall stand possessed thereof or of so much thereof as shall be got in under the aforesaid Security for the same Upon and for such and the same trusts intents and purposes in all respects as are hereinbefore expressed and declared of and concerning the said sum of Six hundred pounds hereinbefore directed to be raised under the trusts of the above mentioned term of Five hundred years

And I give and bequeath unto my said two Sons David Kingsland and Mark Kingsland their executors and administrators the sum of Four hundred pounds Sterling to be taken and drawn from my general personal Estate
Nevertheless Upon trust that my said sons or the survivor of them his executors administrators do and shall within three calendar months next after my decease lay out and invest the said sum of Four hundred pounds in their or his own names or name in the purchase of Stock in some or one of the Public Funds or upon other Government or real Securities at Interest of and in England with power as their or his discretion from time to time to alter vary and change the said Stocks Funds and Securities or any of them for or into others of the like nature or description as often as it shall become necessary or be thought expedient
And do and shall pay over the dividends interest and annual produce of the said Stocks Funds and Securities as the same shall become due and be received by them or him unto Sarah Kingsland the Widow of my said late deceased Son Daniel Kingsland or her assigns or otherwise do and shall permit and empower her or them to receive the same for her or their own use during the term of her natural life if she shall so long continue the Widow of my said late Son and not marry again
And from and immediately after the decease or marrying again of the said Sarah Kingsland which shall first happen then my said Sons David Kingsland and Mark Kingsland and the survivor of them his executors or administrators shall stand possessed of the said Stocks Funds and Securities In Trust for Mary, Jane, Caroline and Elizabeth Kingsland the four Daughters of my said late Son Daniel Kingsland in equal shares as tenants in common to be vested interests in them respectively at their respective ages of twenty one years or on the day of their respective marriage which shall first happen
And I direct that there shall be benefit of Survivorship and also accruer between or amongst the said four Daughters in the event of the death of any one or more of them before acquiring a vested interest And that after the decease or marrying again of the said Sarah Kingsland it shall be lawful for my said Trustees or Trustee to apply the dividends interest and annual proceeds of the said trust stocks funds and securities in for and towards the maintenance and education of the said four Daughters during their respective minority or discoverture as my said Trustees or Trustee shall in their or his discretion think fit

And also after the decease or marrying again of the said Sarah Kingsland or during her life and widowhood with her consent in writing to apply any part not exceeding one moiety of the presumptive or expectant share or shares of such Daughters respectively for or towards her or their preferment or advancement in the World notwithstanding her or their minority or discoverture and in case all the said four Daughters shall die before acquiring a vested interest then the said Stocks Funds and Securities last mentioned or so much thereof as shall not have been applied or disposed of for the purposes aforesaid shall sink into and form part of my residuary personal Estate

And I give and bequeath unto George Marshall who now lives with me the legacy or sum of Fifty pounds to be paid to him in full clear of the Legacy Duly at the end of six calendar months next after my decease

Also I give and bequeath unto my said Sons David Kingsland and Mark Kingsland the Sum of One hundred pounds Net clear of the Legacy duly payable for the same Upon Trust to pay and apply the same to or for the use and benefit of my Brother Mark Kingsland in such way and manner as they seem most beneficial and conducive to his comforts either by advancing him part thereof for his immediate purposes and by investing the remainder thereof in the purchase of a Government Annuity upon the life of him the said Mark Kingsland or by investing the whole amount of such Legacy in the purchase of an Annuity
And I direct that such last mentioned Legacy shall be paid or applied within six calendar months after my decease and that Interest shall be paid upon such two Legacies at the rate of Four pounds per centum until the same shall be paid to be computers from the day of my death

And as to all and every my Stocks Funds Monies Debts Mortgages and securities for money goods chattels and generally all the residue and remainder of my personal estate and effects whatsoever and wheresoever and of what nature kind or quality soever the same may be and not by me otherwise already disposed of
I give and bequeath the same (after and subject to the payment of my just debts and funeral and testamentary expences and the legacies bequeathed by this said Will) as to one full and equal third part thereof unto my said Son David Kingsland his executors administrators and assigns absolutely And as to one other full and equal third part thereof unto my said Son Mark Kingsland his executors administrators and assigns absolutely
And as to the remaining full and equal third part thereof I give and bequeath the same unto my said two Sons David Kingsland and Mark Kingsland their executors and administrators Nevertheless Upon Trust with all convenient speed after my decease to realize and invest the same in their joint names or in the name or names of the survivor of them his executors and administrators in the purchase of Stock in some or one of the Public Funds or upon other Government or real Securities in England with power from time to time to alter vary and change the same at their or his discretion for or unto others of the like nature and to stand possessed thereof In trust for the said William, Daniel, Henry, John, Mark, David and Thomas the seven Sons of my late deceased Son Daniel Kingsland in equal shares as tenants in common to be vested in them respectively at their respective ages of twenty one years And I declare that there shall be benefit of survivorship and accruer between or among them in the event of any one or more of them dying before acquiring a vested interest

And I direct that the rents and profits dividends interest and annual proceeds of the shares of my said seven Grandsons of and in my said residuary real and personal Estates and Effects shall be applied in or towards the maintenance and education of my said Grandsons during their respective minorities as my said Trustees or Trustee shall in their or his discretion think fit And that any part (not exceeding one moiety) of the capital or principal of the presumptive shares of my said Grandsons of and in my said residuary personal estates shall or may notwithstanding their minority be applied and disposed of for or towards their performance or advancement in the World in such manner as my said Trustees or Trustee shall in their or his discretion think fit

Provided always and I do hereby declare that the bequest of my residuary (estate) to the Legatees thereof above named is upon condition nevertheless that they the said Legatees do and shall at their own costs and expence during the lifetime of my said Wife find and provide during the whole of the year Winter and Summer keep and fodder for her Cow within a quarter of a Mile of her Cottage hereinbefore given to her for her life

And Whereas I have advanced unto my said Son Daniel Kingsland during his life time and also to my said surviving Sons David Kingsland and Mark Kingsland various sums of money Now I do hereby declare my Will to be that upon a Division of my residuary personal Estate after my decease the said several sums already advanced as aforesaid and all and every other sum and sums if any which shall upon such division be found to have been advanced by me to or on account of any or either of my said Sons shall be respectively deducted from the respective shares of the same Sons of and in my said Estate given devised and bequeathed as aforesaid unto my said Sons David Kingsland and Mark Kingsland and the Sons of my said Son Daniel Kingsland deceased and such several sums shall respectively be considered and taken as a part and parts of the said respective shares of my said Estate respectively divided and bequeathed as aforesaid

Provided also and it is my Will that in case the said James Tassell and William Payne or either of them or the executors or administrators of the survivor of them or any future Trustees of Trustee to be appointed under this present provision shall depart this life or be desirous of being discharged from the foresaid trusts or shall go to reside beyond the Seas or shall neglect or refuse or become incapable to act in the said trusts before the same shall be fully executed and performed then and in such case and as often as the same shall happen it shall be lawful for the surviving or continuing Trustee or Trustees or the executors or administrators of the surviving or last acting Trustee of the said term of five hundred years to nominate any fit person or persons to supply the place of the Trustee or Trustees respectively so dying desiring to be discharged or going to reside beyond the Seas or refusing or neglecting or becoming incapable to act as aforesaid
And that immediately after such appointment the trust estate stocks funds or securities then vested under and by virtue of this my Will in the Trustee or Trustees so dying desiring to be discharged or going to reside beyond the Seas or refusing or neglecting or becoming incapable to act as aforesaid shall be assigned and transferred so and in such manner that the same may vest in such new Trustee or Trustees jointly with the surviving or continuing Trustee or solely as the case may require and in his her or their executors and administrators Upon the Trusts in this my Will declared concerning the same or such of them as shall be then subsisting or capable of taking effect
And that every such new Trustee shall have and may receive the same powers privileges and authorities as if he had been appointed a Trustee by this my Will and as if his name had been inserted herein instead of the name of the Trustee hereby appointed or to whose place such new Trustee shall come or succeed

And I appoint my said two Sons David Kingsland and Mark Kingsland joint Executors of this my Will
And I give devise and bequeath unto my two said Sons David Kingsland and Mark Kingsland their heirs and assigns all such messuages lands tenements and hereditaments as are now vested in me In trust for any person or persons or by way of mortgage subject to the trusts and equities affecting the same

Provided also and I do hereby declare that the provision by this my Will made for the benefit of my said Wife Elizabeth Kingsland is so made for her in lieu bar and full satisfaction of and for all such dower thirds and freebench at the Common Law or by Custom or otherwise as she my said Wife can shall or may or otherwise could or might have claim challenge or demand in from or out of all or any part of my said real estate and upon condition and as a condition precedent to her taking the benefit of the aforesaid bequests and provision in her favor that she my said Wife do and shall upon the request and at the expence of my said two Sons their heirs or assigns some or one of them make and execute a good valid and effectual release in the law of all such dower thirds and freebench and right and title of and to dower thirds and free-bench of her my said Wife in from and out of my said real estate and of all actions suits claims and demands whatsoever at Law and in Equity in respect thereof

Provided also and I do request and direct that the said James Tassell and William Payne and the survivor of them his executors or administrators shall accept a transfer of such mortgage or mortgages of adequate amount as I may happen to be possessed of or intitled unto at the time of my decease in satisfaction or part satisfaction of the sum or sums directed to be raised under the trusts of the above mentioned term of Five hundred years for the benefit of my said several Daughters above named and their respective issue and which shall be deemed an eligible security or eligible securities for the sum or sums for which such transfer shall be meant and intended to be in satisfaction or part satisfaction of, and that that sum or sums last mentioned shall in that case not be raised under the trusts of the said term of five hundred years any thing in this my Will contained to the contrary notwithstanding

Provided also and I do hereby further declare my Will to be that my said Trustees and Executors or any or either of them their or any or either of their executors or administrators shall not be charged or chargeable with or accountable for any more of the aforesaid trust monies stocks funds or securities than they shall actually receive or shall come to their respective hands by virtue of this my Will nor with or for any loss which shall happen of the same or any part thereof so as such loss happens without their respective wilful defaults nor any one or more of them for the other or others of them nor for the acts deeds receipts disbursements or defaults of the other or others of them but each of them only for his own acts deeds receipts disbursements and wilful defaults

And also that it shall and may be lawful for them my said Trustees and Executors and each and every of them and their respective executors and administrators in the first place by and out of the aforesaid respective trust monies stocks funds and securities to deduct and reimburse themselves respectively And also to pay or allow to each other all such loss costs charges and expences as they respectively sustain expend or be put unto by reason of the said several trusts hereby in them reposed in relation to the same respectively or the management or execution thereof or any other thing in any wise relating thereunto

And Lastly I do hereby revoke annul and make void all former and other Will and Wills and testamentary dispositions by me at any time heretofore made or published and do publish this only as and for my last Will and Testament

In Witness whereof I the said William Kingsland the Testator have to this my last Will and Testament contained in Eighteen sheets of Paper set my Hand and Seal (that is to say) my Hand to the first seventeen Sheets and my Hand and Seal to this Eighteenth and last sheet this fifteenth day of August in the year of our Lord one thousand eight hundred and thirty one
Wm. Kingsland

Signed Sealed Published and Declared by the said William Kingsland the Testator as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses
W. Bursford Dawes Solicitor, Ashford - Alfred Briggs - Jno Rogers his Clerks

This is a Codicil to the last Will and Testament of me William Kingsland of Pet Street in the Parish of Wye in the County of Kent Husbandman which Will bears date the fifteenth day of August one thousand eight hundred and thirty one

Whereas since the date and execution of my said Will Elizabeth my Wife therein named and to whom I have by my said Will devised the Cottage, Garden and Premises hereinafter devised for her life hath departed this life

Now I do hereby give and devise unto my Sister in Law Anne Hayward Spinster now residing with me All that my Cottage or Tenement (in two Dwellings) with the Garden and Appurtenances thereto belonging and adjoining situate and being in the Parish of Wye aforesaid near a place there called the “Pear Tree” formerly in the occupation of John Hawkins and William Smeed and now in the tenure or occupation of Francis Godden and William Blackman To hold the same unto her the said Anne Hayward and her assigns during the term of her natural life

I also give and devise unto my Son David Kingsland All my Messuages or Tenements Farm Lands and Hereditaments situate lying and being in the Parish of Wye aforesaid at or near Pet Street aforesaid which I purchased of John Callaway containing together by estimation ninety two Acres more or less (subject as to the said Cottage or Tenement Garden and Appurtenances which are part thereof to the life Estate and Interest therein of the said Anne Hayward hereinbefore devised to her as aforesaid) and now in the tenure or occupation of the said David Kingsland
And also the Messuage or Tenement Lands and Hereditaments called Staples Farm situate and being in the several Parishes of Wye aforesaid and Hastingleigh in the said County of Kent or one of them which I purchased of Thomas Neale and family containing in the whole by admeasurement forty three acres three roods and four perches more or less now in the tenure or occupation of Thomas Manuel with the rights members and Appurtenances thereunto respectively belonging or in any wise appertaining
To hold the same (subject as to the said Cottage or Tenement Garden and Appurtenances to the life Estate therein of the said Anne Hayward as aforesaid) unto my said Son David Kingsland and his Assigns during the term of his natural life without impeachment of waste and from and immediately after his decease I give and devise the said Messuages Farm Lands Tenements and Hereditaments unto and to the use of my Grandson William Kingsland the eldest Son of my said Son David Kingsland his Heirs and his Heirs and Assigns for ever

And I hereby ratify and confirm my said Will in every respect except where the same is revoked and altered by this Codicil
In Witness whereof I the said William Kingsland the Testator have to this Codicil contained in two sheets of Paper set my hand and Seal (that is to say) to the first Sheet hereof my hand only and to this last Sheet my hand and Seal this nineteenth day of December one thousand eight hundred and thirty four
Wm. Kingsland

Signed Sealed Published and Declared by the above named William Kingsland (the Testator) as and for a Codicil to his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses
Wm. Suttenden? - Alfred Briggs Clerk to Mr. Dawes, Solr., Ashford - Wm. Dawes

30th September 1837
David Kingsland of Wye, Yeoman and Mark Kingsland of Waltham, Yeoman, Sons of the deceased, the Executors named in this Will were duly sworn to the Truth thereof and of the two (?) Codicils annexed and as usual and that the Goods Chattels and Credits do not Amount in Value to the Sum of Sixteen thousand Pounds [An erroneous Power reserved of making the like grant to Mark Kingsland... being first crossed through]
Before me J.S. Francis, Surrogate
Testator died 21st April 1837.

Notes:
Mary Kingsland Spinster of Wye, married Edmund Lancefield, bachelor, otp. [of this parish] on 25th March 1806 at St. Mary the Virgin, Crundale by Licence. Witnesses were: Michael Norington and George Packin.
Elizabeth Kingsland, Spinster and Thomas Manuel, Bachelor were married by Banns in St. Mildred, Canterbury on 6th November 1806. Both were otp. Witnesses were: Maria Stubberfield and Jno Burgess.
Harriet Kingsland married William Harris at SS Gregory & Martin, Wye on 12th February 1809.
Maria Kingsland of Wye, Spinster, married John Newport, Bachelor of Elmsted on 28th October 1822 at SS Gregory & Martin, Wye. Witnesses were: John Leggett, Mary Anne Leggett.
Catherine Kingsland, Spinster, otp. married Richard Richardson, Widower of Oare, Kent by Licence on 1st November 1820 at SS Gregory & Martin. Witnesses were: David Kingsland, Maria Kinesland.
Caroline Kingsland, Spinster, otp. married William Richardson, Widower of Crundall by Licence on 27th September 1818 at SS Gregory & Martin, Wye. Witnesses were: Richard Tucker, Anne Richardson.
Elizabeth Kingsland was buried aged 77, on 9th July 1833 at St. Mary, Crundale. Her residence was given as “Pett Street, Wye”.

Transcribed by Shelagh Mason 1st-3rd February 2021

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