First I hereby revoke every other Will by me made and of this my last Will and Testament do constitute and appoint my son Henry Kite and my son in law Charles Lee of Greenwich Hospital Surveyor Executors
Also I give and bequeath all and singular my household goods and furniture and implements of
household, plate, linen, china, glass, ready money and securities for money, money in the public
stocks or funds and all other my personal estate an effects whatsoever and wheresoever and whether
in possession, reversion, remainder or expectancy which I have any right or power to dispose of
(subject to the payment of all my just debts, funeral expences and the costs and charges incident to
and attending the proving and executing this my Will)
as to six seventh parts thereof unto and equally between my six Children, namely John Kite, Thomas Kite, William Kite, Edward Kite,
the said Henry Kite and Elizabeth the Wife of the said Charles Lee share and share alike to and for their own use and benefit
respectively
And in case any or either of my said Children shall die before me leaving issue lawfully begotten then
the Child or Children of such my Children so dying shall have and take the part and share which
their his or her respective Parent would if living have been entitled to under this my Will and to be
payable and paid to them him or her respectively when and as they shall severally attain their age or
respective ages of twenty one years
and in the meantime Upon trust that my said Executors or the survivor of them his executors or administrators do and
shall invest the same in their or his names or name at interest upon real or Government Security (wit
power from time to time to alter and vary the funds and securities as may be expedient and proper)
and receive the dividends interest and proceeds thereof and either pay and apply the same for the
maintenance education and bringing up of such issue or in his or their discretion lay out and invest
and appropriate the same in accumulation of the said parts or shares of any or either of my said
Children so dying and leaving issue as aforesaid with benefit of survivorship in case of the death of any such issue during minority
And as to the remaining one seventh part or share of my said Estate and Effects and also a contingent
interest of accruer or survivorship as well accumulative as original in common with my six other
Children in the sixth seventh parts to them given in manner hereinbefore mentioned
I give and bequeath the same unto my Executors Upon trust that they or the survivor of them or the executors
or administrators of such survivor do and shall pay the yearly and other dividend and interest of the
said trust monies unto my daughter Mary Ann the Wife of Charles Washington as a feme sole but
not by way of anticipation for and during the term of her natural life without being subject or liable to
any debts assignment controul or other intermeddling of her present or any future husband and the
receipt of her my said daughter shall from time to time be a good and legal discharge for payment of
the same dividends and interest or any part thereof to any person whatsoever
And from and immediately after her decease I do give and bequeath the same trust monies and every part thereof unto and equally amongst all and every the Children or only Child of her my said daughter in equal shares as tenants in common if more than one and to their several executors and administrators and if only one such Child or any surviving to such only or surviving Child absolutely
Nevertheless the issue of any such Child dying under age and leaving issue shall have and be entitled
to the original or any accruing part or share which their his or her father or mother would have been
entitled to if living by way of cross remainders
and for default of such issue or any issue of such issue as aforesaid then I give and bequeath the same trust monies and premises unto and
equally amongst my other six Children as equal shares as tenants in common and to their executors and administrators
And I do hereby declare that my said Executors shall not be answerable under this my Will on for another nor for involuntary losses nor other than each for his own wilful default and that it shall be lawful for them to reimburse themselves and each other all loss charge and expence they or either of them may reasonably sustain or incur in the execution of this my Will
In Witness whereof I have to the first sheet of this my Will set my hand and to this second and last
sheet thereof have set my hand and seal the day and year first above written
Elizabeth Kite
Signed sealed and declared by the said Elizabeth Kite the Testatrix as and for her last Will and
Testament in the presence of us present at the same time who in her presence by her direction and in
the presence of each other have hereunto subscribed our names as Witnesses
Harriet Laport 18 Red Lion Street, Spitalfields [London] - Willm. Jefferys Atty. at Law, Faversham
Proved at London the 22nd November 1853 before the Worshipful Fredric Thomas Pratt, Doctor of
Laws and Surrogate by the Oaths of Henry Kite the son and Charles Lee the Executors to whom
Admon. was granted having been first sworn duly to Administer.
Exd.
Notes:
feme sole - a woman without a husband
cross-remainders - the situation where land has been willed to 2 or more people and if one legatee dies the property goes to the
other legatees.
Transcribed by Shelagh Mason 9th December 2020
Return to Kent GenealogyWill of Elizabeth Kite