And I give and devise all and singular my lands and hereditaments situate in the several Counties of Lincoln and Norfolk and all other the messuages lands tenements and real Estates whatsoever and wheresoever and of what tenue or quality soever (except Copyhold) which I now am or at the time of my death shall be seized of or in any manner beneficially entitled to or interested in either in possession reversion remainder of expectancy and whether at law or in equity or over which I now have or at the time of my decease may have any disposing power (except such Estates as are held by me in trust or by way of mortgage and are hereinafter otherwise disposed of) unto my Brother The Reverend Atwill Lake, Clerk and Thomas Webster of Queen Street, Cheapside, London, Gentleman and their heirs To upon and for the several uses, trusts, intents and purposes and with and subject to the powers and provisoes hereinafter declared and contained of and concerning the same (that is to say)
To the use intent and purpose that my dear Wife Dame Maria Lake and her assigns shall and may from and immediately after my decease yearly receive and take during her life one annual Sum or yearly rent charge of five hundred pounds of lawful British money to be charged upon & yearly issuing & payable out of all and singular my said real Estates and to be paid by equal half yearly payments on the fifth day of April and the tenth day of October in every year without any deduction or abasement whatsoever for taxes or otherwise and the first payment thereof to be made on such of the said half yearly days of payment as shall happen next after my decease And a proportionate part of the said annual Sum of yearly rent charge to be paid from such of the said half yearly days of payment as shall next and immediately precede the decease of the said Dame Maria Lake up to the day of her death
And to and for this further use intent and purpose that in case and when and as often as the said annual Sum of yearly rent charge of five hundred pounds or any part thereof shall at any time or times be unpaid for twenty one days or more next after either of the said days hereby appointed for the payment thereof as aforesaid then and so often it shall and may be lawful to and for the said Dame Maria Lake and her assigns to enter into and distrain upon my real Estates hereby charged therewith or any part of the same estates and to dispose of the distress or distresses then and there found according to law to the intent that thereby or otherwise the said annual sum of yearly rent charge of five hundred pounds and every part thereof so in arrear and unpaid and all costs charges and expences occasioned by reason of the nonpayment thereof shall be fully paid and satisfied
And to and for the further use intent and purpose that in case the said annual sum or yearly charge of five hundred pounds or any part thereof shall at any time or times be unpaid for forty days or more next after either of the said days of payment thereof then and so often (although there shall not have been any legal demand made thereof) it shall and may be lawful to and for the said Dame Maria Lake and her assigns at any time or times during the continuance of the same annual Sum or yearly rent charge or in case there shall be any arrears thereof due for seven days or more next after her death then to and for her executors administrators or assigns at any time after her death to enter into and upon and hold my real Estates hereby charged with the same annual Sum or yearly rent charge as aforesaid or any part thereof to and for her and their own use until she and they shall therewith and hereby or otherwise be fully paid and satisfied the said annual sum or yearly rent charge of five hundred pounds and the arrears thereof due at the time of such entry or afterwards to become due during her or their being in possession of the same premises or any part thereof together with all costs and expences which she or they shall sustain by reason of the nonpayment thereof such possession when taken to be without impeachment of waste
And subject to the said annual Sum or yearly rent charge of five hundred pounds and the powers and remedies hereinbefore given or limited for recovering and enforcing payment thereof To and for the further use intent and purpose that each of my two youngest Sons Willoughby John Lake and Andrew Winter Lake his Executors administrators and assigns may have receive and take from and out of my said real Estates one annual Sum or yearly rent charge of Fifty pounds of lawful British money during his minority or until he shall die under the age of twenty one years or being under that age become entitled to my said real Estates
And that each and every of my three daughters Anne Lake, Maria Lake and Mary Elizabeth Lake her executors Admors. and assigns may have receive and take from and out of my said real Estates one Annual Sum or yearly rent charge of fifty pounds of lawful British Money during her life or until she shall marry
Each and every of the annual Sums hereby limited to my Daughters and youngest Sons to be paid by equal half yearly payments on or at
the same days or times as hereinbefore appointed for payment of the said Annual sum or yearly rent
charge of five hundred pounds hereinbefore devised or limited to the said Dame Maria Lake during
her life without any deduction or abatement whatsoever the first payment also of each of the said
annual Sums of yearly rent charges of fifty pounds to be made on such of the said half yearly days of
payment as shall happen next after my decease and a proportionate part of the annual Sum of yearly
rent charge hereby limited to each of my said younger Sons to be also paid from such of the said half
yearly days of payment as shall next precede his attaining the age of twenty one years or
dying under that age or while under that age becoming entitled to my said real Estates up to the time
of his attaining that age or so becoming entitled as aforesaid
And a proportionate part of the annual Sum of yearly rent charge hereby limited to each of my said
younger Sons to be also paid from such of the said half yearly days of payment as shall next precede
his attaining the age of twenty one years or dying under that age or while under that age
becoming entitled to my said real Estates up to the time of his attaining that age or so
respectively becoming entitled as aforesaid And a proportionate part of the said annual Sum of
yearly rent charge hereby limited to each of my said daughters to be in case paid from such of the
said half yearly days of payment as shall next precede her decease or marriage up to the day of her decease or marriage
And to and for the further intent and purpose that each and every of my said daughters and younger Sons and her and his executors admors. and Assigns shall and may have take and enjoy such or the like several powers and remedies for recovering and enforcing payment of the said annuity or yearly rent charge of fifty pounds hereby devised or limited to her or him as aforesaid in case the same or any part thereof shall be in arrears for twenty one days or more by distraining upon my real Estates hereby charged with or any of them and selling such distress and in case the same shall be in arrear for forty days or more during the continuance thereof or seven days or more after the cosser or determination thereof by entry upon and Intention of possession and perception of the rents and profits of all or any of my said real Estate as are hereinbefore given to the said Dame Maria Lake her Exors. Admors. and Assigns for recovering and enforcing payment of the said Annuity or yearly rent charge of five hundred pounds hereinbefore devised or limited to her or any part thereof together with all such costs and expences as aforesaid
And subject to the said Annual Sums or yearly rent charges of five hundred pounds and fifty pounds
each and the powers and remedies hereby given or limited for recovering and enforcing payment of
the same respectively To the use of my Brother Sir Willoughby Thomas Lake Vice Admiral of the
Blue and Robert Hancock of Queen Street aforesaid Gentleman their Exors. Admors. and
assigns from the day of my decease for the term of ninety nine years without impeachment of Waste
Upon and for the trusts intents and purposes and with and subject to the powers and provisoes
hereinafter declared and contained of and concerning the same
And immediately from and after the expiration or sooner determination of the same term and in the
mean time subject thereto and to the trusts thereof to the use of my eldest Son James Samuel Lake his heirs and Assigns
And it is my will and I hereby declare that my real estates hereby devised or
limited to the said Sir Willoughby Thomas Lake and Robert Hancock their Executors
Administrators and assigns for the said term of ninety nine years are so devised or limited to them
Upon trust that in case the said Annual Sum of yearly rent charge of five hundred pounds or any or
either of the said Annual Sums of yearly rent charge of Fifty pounds each or any part thereof
respectively shall be in arrear and unpaid for thirty days or more next after any of the days hereby
appointed for payment thereof respectively then and in such case and so often as the same shall
happen they the said Sir Willoughby Thomas Lake and Robert Hancock or the Survivor of them
his Executors Admors. or assigns do and shall (although there shall not have been any legal
demand made thereof) by and out of the rents issues and profits of my said real estates comprised in
the same term of ninety nine years or by demising mortgaging or selling the same or any part thereof
or by all or any of the said ways or means or any other reasonable ways and means levy raise and
paid such one or more of the said annual sums or yearly rent chares of five hundred pounds
and fifty pounds each as shall be so in arrears as the case may be or so much thereof respectively as
shall be in arrear and unpaid as aforesaid And all costs and charges, damages and expences to the
sustained or incurred by reason of the nonpayment thereof
Provided always that immediately after the trusts hereinbefore declared of and concerning the said term of ninety nine years shall in all respects be fully performed or otherwise satisfied or discharged or shall become incapable of taking effect and the said Sir Willoughby Thomas Lake and Robert Hancock their Executors Administrators and assigns and every of them respectively shall be fully reimbursed and satisfied all costs charges and expences to be occasioned by or relating to the trusts hereby in them reposed the said term shall as to such of my real Estates comprised therein as shall not have been sold or mortgaged for the purposes aforesaid absolutely cease and determine And as to such of the same Estates as shall have been so mortgaged shall subject to such mortgage wait upon and attend the reversion and inheritance of the premises so mortgaged
Provided always and it is my will that the several yearly Sums of fifty pounds hereinbefore limited to my youngest Sons shall be paid to their Guardian or Guardians and to be applied by her him or them in or towards the maintenance and education or maintenance only as the case may require of my said Sons
And I hereby give devise and bequeath unto the said Atwill Lake and Thomas Webster their heirs executors administrators and assigns respectively All my copyhold messuages Lands and hereditaments and all my leasehold tenements whether for years or lives according to the different tenures and legal qualities thereof
Upon and for such trusts intents and purposes and with and subject to such powers & provisoes as will as nearly correspond with or resemble the uses trusts intents and purposes powers and provisoes hereinbefore declared and contained of and concerning my Freehold estates hereinbefore devised as the different tenures and legal qualities of the same several premises and the rules of law and equity will permit
And I declare that the yearly Sum of five hundred pounds hereby devised or limited and the legacies hereinafter bequeathed to my said Wife Dame Maria Lake are so devised limited and bequeathed to her in bar or lieu or satisfaction of all dower thirds free bench or widows estate to which she shall or may or otherwise might become entitled at Common law or by custom of or in any Freehold or copyhold tenements or hereditaments whereof I now am or hereafter shall or may be seized for any estates of inheritance and on condition that she do at the request of the said Atwill Lake and Thomas Webster or the Survivor of them their or his heirs or assigns at the expence of my estates release her said dower thirds Freehold and Widows Estate
And all the manors messuages lands tenements and real estates which at my decease I shall be solely seized or possessed respectively of entitled to or interested in either in trust for any purposes or by way of mortgage I give devise and bequeath unto the said Atwill Lake and Thomas Webster their heirs exors. admors. and assigns respectively according to the legal quality or qualities of such estates respectively Upon and for the trusts intents and purposes and under and subject to the provisoes and conditions or equities of redemption respectively which shall be subsisting in or concerning such several Estates at my decease
And I give and bequeath unto my said Wife all such of my household furniture, late, linen, china,
horses and carriages as she shall chose not exceeding in value the Sum of One thousand pounds
And I give and bequeath unto my said Wife the Sum of One hundred pounds sterling to be paid to her immediately after my decease
And I give and bequeath unto the said Atwill Lake and Thomas Webster their Executors Admors. and Assigns All my ready money, monies in any of the public Stocks or funds, and all such sums of money as shall be due and owing to me at my decease upon mortgage or other specialty and by simple contract and all and singular my personal Estate and Effects whatsoever and wheresoever not hereinbefore otherwise disposed of
Upon trust with all convenient speed after my decease to call in and compel payment of such parts of my said general Personal Estate as shall consist of monies due and owing by Judgement, Bond or Simple contract And also all or such part or parts as they shall think fit of my Personal Estate which shall consist of specific Chattels Provided always and my Will is that it shall and may be lawful to and for the said Atwill Lake and Thomas Webster and the survivor of them his Executors Administrators and Assigns to compromise and compound any Sum or Sums of money which shall be owing to me at the time of my decease and to adjust and settle all accounts which shall then be depending between me and any person or persons whomsoever or refer the same accounts or any of them to arbitration and to allow such reasonable time or indulgence for the payment of the same respectively and in the mean time to accept such securities or assurances for the payment thereof as they or he in their or his discretion shall think fit
And it is my Will that the said Atwill Lake and Thomas Webster their Executors Administrators and Assigns do and shall pay out and invest the residue of the monies to arise from my general personal Estate which shall remain after payment of my debts and funeral and testamentary expences and the legacies hereby given and to be given by any Codicil to this my Will in the names or name of the said Atwill Lake and Thomas Webster and the survivor of them his Executors Admors. or Assigns in the purchase of some of the Parliamentary Stocks or public funds of Great Britain (except determinable annuities) or at Interest upon real securities in England
And do and shall from time to time alter, vary and transpose all or any of such Stocks funds or securities and also such of the Stocks funds or securities being part of my Personal Estate at my decease which they or he then? not think fit to convert into money or call in as aforesaid yet so that during the life of my said Wife every such laying out investment, alteration, variation and transposition be made with her consent in writing and after her decease at the discretion of the Trustees or Trustee for the time being
And it is my Will that the said Atwill Lake and Thomas Webster their Executors Admors. and Assigns shall stand and be possessed of and interested in all and singular the monies stocks funds and securities which shall continue part of my personal Estate unconverted and the dividends Interest and annual proceeds thereof upon and for the trusts intents and purposes with the powers following (that is to say)
Upon trust during the life of my said Wife Dame Maria Lake to pay to her or her assigns or permit
or authorize her or them to receive the dividends interest and annual proceeds of all the said trust
monies Stocks funds and securities for her and their own benefit
And from and immediately after the decease of my said Wife then as to all the said trust monies Stocks funds and securities In trust
for my younger Sons Edward Lake, Henry Atwill Lake and the said Willoughby John Lake and
Andrew Winter Lake and my Daughters Anne Lake, Maria Lake and Mary Elizabeth Lake and any
other Child or Children of my body which I may hereafter have living at my decease or Born in due
time afterwards equally to be divided among them as tenants in common and not as joint tenants
Provided always and it is my Will that if any one or more of my said younger Children before attaining his her or their age or respective ages if twenty one years shall die without leaving issue of his her or their Body or respective Bodies living at her his or their decease or respective deceases or born in due time afterwards or in the instance of my younger Sons shall become entitled to my said real Estates then and in every such case as well the original shares hereby given as the share or shares by virtue of this present clause surviving or accruing to each and every such Child so dying or becoming entitled as aforesaid of and in the said Trust monies Stocks funds and securities shall vest in accrue and belong to the survivors or survivor or others or other of such younger Children in equal shares if more than one at and in such and the same time or times and manner as are hereinbefore declared of and concerning his her or their original share or shares of and in the said Trust monies Stocks funds and securities
Provided always and it is my Will and I do hereby declare that in case upon my decease any of my younger Children shall be under the age of twenty one years then and in such case the said Atwill Lake and Thomas Webster and the survivor of them his executors admor. or assigns do and shall during every such minority as aforesaid pay and apply the whole or a competent part of the interest dividends and annual proceeds from the part or share of each and every of the same Children respectively under age as aforesaid of & in the foresaid trust monies Stocks funds & securities in or towards his or her maintenance and education or maintenance only as the case may require and do and shall accumulate and improve the residue or surplus thereof (if any) by investing the same and the produce thereof from time to time in the names or name of them the Trustees or Trustee for the time being in some of the Parliamentary Stocks or Public funds of Great Britain (except determinable annuities) or at Interest upon real securities in England to be from time to time altered and varied as occasion shall require And such accumulations to be In trust for the person or persons who under the trusts of this my Will shall become absolutely entitled to the Principal fund from which such accumulations shall have proceeded
And I appoint the said Atwill Lake and Thomas Webster Executors of this my Will and I appoint my said Wife Guardian of the persons and Estates of my Children during their respective minorities and during the discovertures of my Daughters and in case of her death then I appoint the said Sir Willoughby Thomas Lake and Atwill Lake and the Survivor of them to be such Guardians and Guardian
And my Will is and I hereby declare that the receipts in writing of my Trustees or Trustee for the time
being shall be good and sufficient acquittances and discharges to any person or persons
purchasing my real Estates or any part thereof or advancing any money upon the security thereof or
paying in purchasing or discharging my personal Estate or any part thereof or any monies stocks
funds or securities to be receive transferred or otherwise acquired under the trusts of this my Will or
any of them for all monies to paid by him or them in such respects as aforesaid or any of them
And that the same person or persons his her or their Exors. Admors. or assigns shall not be
answerable or accountable for the losses misapplication or nonapplication or be in any wise obliged
or concerned to see to the application of or the necessity of raising the money which in such receipt or
receipts shall be acknowledged to be receive or any part thereof
Provided always and I do hereby declare that if the Trustees hereby appointed or others of them or any Trustee or Trustees to be appointed in the stead or place of them or other of them or of any future Trustee or Trustees as hereinafter mentioned shall die or go to reside beyond the Seas or be desirous of being discharged from or decline or become incapable to act in the several trusts hereby in them reposed respectively as aforesaid or authorized to be reposed before the said trusts shall be fully performed then and in every such case the surviving or continuing Trustee or Trustees if any of the same premises (whether such Surviving or continuing Trustee or Trustees shall be willing to act in other respects or not) or if all the Trustees for the time being shall be then dead, then the Executors or Admors. of the surviving Trustee shall by some writing or writings under their his or her hands and Seals or hand and Seal from time to time nominate substitute or appoint some other person or persons to be a Trustee or Trustees in the stead or place of the Trustee or Trustees so dying going to reside beyond the Seas or being desirous of being discharged or declining or becoming incapable to act as aforesaid
And thereupon all the estates monies and premises hereby devised & bequeathed respectively upon the trusts aforesaid or to be produced or acquired under and be vested in them or him Upon any of the said trusts shall with all convenient speed be conveyed and assigned respectively so and in such manner that the same shall and may be legally and effectually vested in the surviving or continuing trustee and such new or other Trustee or if there shall be no continuing Trustee then and in such new Trustees only upon the same trusts & with the same powers and authorities as are hereinbefore declared and contained of and concerning the same estates monies and premises or such of the same trusts powers and authorities as shall and may be then subsisting or capable of taking effect
And it is my Will that my Executors and Trustees for the time being and every of them and their
respective heirs executors Admors. or assigns shall be severally charges and chargeable only for
such monies as they shall actually receive by virtue of the Trusts hereby in them reposed altho’
they or any of them may give sign or join in any receipt or receipts for the sake of
conformity and that each of them shall only be answerable for himself and his own acts and that none
of them shall be answerable for any Banker Broker or other person with whom any part of the trust
monies to arise under this my Will shall or may be deposited nor for the insufficiency or deficiency of
any security in or upon which the said trust monies or stocks or any part thereof shall be placed out
or invested nor for any defect of title in any hereditaments to be purchased or taken in exchange or in
Mortgage as aforesaid nor for any other misfortune or loss in the execution of the trusts of this my
Will or any of them unless the same shall happen by our through their own wilful default respectively
And that it shall and may be lawful to and for my said Executors Trustees and Trustee for the time
being to retain to and reimburse themselves and himself and to allow to their or his Co trustees or Co
trustee by or out of the trust estates funds and premises comprized in or to and under this my Will all
costs damages and expences which they or any of them shall or may suffer disburse or incur in or
about the execution of the aforesaid trusts or any of them or in relation thereunto
And lastly I do hereby revoke all former and other Wills Codicils and Testamentary dispositions whatsoever by me heretofore made
In Witness whereof I the said Sir James Samuel William Lake have to this my last Will and Testament contained in ten sheets of paper
set my hand and seal (that is to say) to the first nine sheets set my hand and to this tenth and last sheet thereof my hand and Seal
this twenty eighth day of February in the year of our Lord one thousand eight hundred and thirty two
James S. W. Lake
Signed sealed published and declared by the said Sir James Samuel William Lake 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
John Plenderleath M.D. Ramsgate - Thos. Mayhew Gent. Ramsgate - John Bird Servant to the above Sir James S.W. Lake
On the 30th January 1833 Administration (with the Will annexed) of the Goods Chattels and Credits of
Sir James Samuel William Lake late of Ramsgate in the County of Kent Baronet deceased was
granted to Dame Maria Lake Widow the Relict and Residuary Legatee for life named in the said Will
having been first sworn duly to administer
The Reverend Atwill Lake Clerk the Brother and Thomas Webster the Executors and Residuary Legatees in trust named in the said Will
having first renounced the probate and execution thereof and also the Letters of Admon. [Administration] (with the said Will annexed) of
the Goods of the said deceased.
Exd.
In margin: Ann(exed) Will of Goods .... granted at the Principal Registry to Henry Adwill Lake (in the Will written Atwill) on the 9th July 1874.
Notes:
Sir James Samuel William Lake was buried at St. George, Ramsgate, Kent on 13th November 1832, aged 61, in a vault.
James Samuel William Lake was christened 25th July 1771, s. of James and Joyce Lake, in London.
James Samuel William Lake Esq. of Edmonton, Mdx, bach. married Maria Turner otp sp by licence 24 Jul 1804 St Marylebone
He was the 4th Baronet of Edmonton
Transcribed by Shelagh Mason 18th-19th October 2020
Return to Kent GenealogyWill of Sir James Samuel William Lake