Will of William Lake

of Bapchild, Kent

And I hereby nominate and appoint my Brother John Lake and my Sons George, John and Robert joint Executors of this my Will
And I give to my Brother the sum of Fifty pounds for the trouble he will have in the execution of the trusts hereof

I hereby give and bequeath to my Wife and her assigns for the term of her natural life an annuity of One hundred pounds which I charge on my Estate at Rodmersham herein after given to my Son Charles and I direct the same annuity shall be paid quarterly and to commence from the day of my decease

I also give & bequeath to my said Wife for her life all my leasehold messuage or tenement in which I now reside with the gardens offices and land held therewith and as part thereof (known as the Wood street estate) and the fixtures belonging thereto she my said Wife keeping the same in tenantable repair and insured from fire in a sum commensurate with the value of the buildings
I also give and bequeath to her absolutely all the household good furniture, plate, wine and other effects in and about the same house at the time of my decease and also my Chaise and Harness and such Horse belonging to me as she shall desire to have

And I do also give and bequeath to my said Wife absolutely the sum of Seven thousand pounds which and the interest thereon from the Michaelmas after my death (the prior interest to be paid out of my Personal estate) I charge on my Estates in the several parishes of Tonge and Bapchild hereinafter devised to my Son George

I also give and bequeath to William Brooks my Bailiff at Hoo for his long and faithful service an annuity or clear yearly sum of Twenty pounds which I direct shall be paid to him quarterly during his life to commence from my decease and if the present wife of the said William Brooks shall survive him then I bequeath to her the same annuity commencing from the death of her husband and to be paid to her quarterly during her life And I charge the said Annuity and contingent Annuity upon my Estate at Rodmersham hereinafter devised and bequeathed to my Son Charles

And I hereby declare that in case and as often as either of the annuities by this my Will bequeathed or any part thereof shall be in arrear for twenty one days it shall be lawful for each annuitant respectively to enter upon the estate charged therewith respectively or any part thereof and distrain for the same annuity respectively in the same way as by law landlords are authorised to distrain for rent in arrear until all arrears of each annuity respectively and the costs of making the distress or distresses shall be respectively paid and satisfied

And I declare that the provision by this my Will made for my said Wife is intended to be in bar of all dower or thirds to which she is or may become intitled as my Widow and on condition that she do on demand release my Estates from all claims in respect of such dower or other Widows rights

And I give and bequeath to my Executors the sum of Two hundred pounds for the benefit of my Sister Catherine Carr and her children and I direct that my said Executors shall have full power to pay and apply the same as the in their discretion shall think best for the benefit of the said Catherine Carr either alone or jointly with any one or more of her children or for any one or more of her children to the exclusion of the said Catherine Carr and that my said Executors shall not be answerable or accountable to any one for the exercise of their power and discretion in this particular

And I give and devise to my Son George Lake all those my Freehold farms and lands lying to the North East of the London Turnpike Road in the Parishes of Tonge and Bapchild or any adjoining Parishes in the County of Kent now in my own occupation and also all that Seed Mill in the Parish of Bapchild and the Lands therewith belonging and a Farm and Lands called “Pantrys” lately purchased of my Brother lying to the South West of the same Road and also my Cottages situate in Bapchild Street To hold the same Estates from the Michaelmas day next after my death unto my said Son George his heires and assigns for ever
Subject nevertheless and I do hereby charge the said hereditaments with the payment of the sum of Seven thousand pounds hereinbefore given and bequeathed to my said Wife and interest thereon from Michaelmas day after my death and I direct the same sum and interest shall be paid thereout in exoneration of my Personal estate and also charge the said Estates with the further sum of One thousand pounds which I direct shall be paid by my said Son George to my Executors in aid of my Personal Estate within twelve Calendar months after the Michaelmas next following my death with interest from such Michaelmas

And I give devise and bequeath unto my Son Charles all that my Farm and Lands partly Freehold and partly Copyhold called “Bargains Hill” and “Little Newbury” Farms and “Lucketts” situate at Rodmersham and any adjoining Parishes or places in the County of Kent as the same are now in the occupation of my said Son Charles To hold the same from the Michaelmas next after my death as to such parts thereof as are Freehold unto my said Son Charles his heirs and assigns and as to such parts thereof are of Leasehold tenure to him his executors administrators and assigns for all the estate and interest I have therein subject nevertheless as to both Freehold and Leasehold to the annuities hereinbefore given and charged thereon

And I give and devise to my Son Henry all that my Farm and Lands called “Rides” and the Marsh Land now held therewith and all other my Lands at Eastchurch in the Isle of Sheppy now in my own occupation To hold the same from the Michaelmas after my death unto my said Son Henry his heirs and assigns for ever Subject to and I do hereby expressly charge the same with the payments of the sum of Three thousand pounds to my said Executors in aid of my Personal estate within twelve Calendar months after such Michaelmas and Interest from such Michaelmas

And I do hereby give and devise to my Son Edward all my Cottage Buildings Land and Hereditaments situate in the Hundred of Hoo in the said County of Kent To hold the same from the Michaelmas next after my death unto my said Son Edward his heirs and assigns for ever

And I do also give and bequeath unto my Sons John and Robert the sum of Four thousand pounds each
and to my said Son Edward the sum of three thousand three hundred pounds
it being my intention in the devises and bequests to my said Sons hereinbefore contained to give to each of my said Sons Four thousand pounds in value

And I hereby declare that as to such of the devised Estates as I may be in possession of at my death the crops and produce thereof shall belong to my Executors till the Michaelmas next after my death and as to such as shall at my death be in the personal occupation of the devises thereof the rent payable at the time of my death shall be paid and discharged up to the same Michaelmas
And I declare that the person taking as devisee or legatee any property of which I may be in the occupation at the time of my death shall pay to my Executors for fallows and other matters usually paid for by an incoming tenant according to the custom of the Country such price as the same shall be valued at by two indifferent persons one to be named by my Executors and the other by the devisee or legatee taking such property or umpire in the usual manner

And I do hereby give and bequeath unto my Brother John Lake and to my Sons George, John and Robert the sum of Four thousand pounds Upon Trust to invest the same (with the consent of my daughter Mary the Wife of Robert Cobb during her life) in the Public Stocks or Funds of Great Britain or on Government or real security in England with full power with such consent as aforesaid to alter vary or transpose such stocks funds and securities for such other securities of the same or the like nature as to them shall seem expedient

And I direct my said Trustees to stand possessed of the said trust funds and securities In Trust to receive the dividends interest and annual produce thereof and pay the same into the proper hands of my said daughter Mary during her natural life for her sole and separate use independently of any Husband or of his debts or engagements and without any power in the same daughter to affect her interest by anticipation and so that she may not have the power when free from coverture * or transferring or charging her interest during any future Coverture but that she may be entitled to the said income from time to time whilst subject to Coverture and that this provision for her may be considered as made subject to this direction and the trust fund liable in Equity to be settled and held accordingly And I declare that the receipt of my said daughter Mary for the said income shall be a sufficient discharge to my said Trustees or Trustee for the time being

And after the decease of my said daughter Mary the said Trustees shall stand possessed of the same trust funds securities and premises In Trust for all and every or such one or more of the child or children of the same daughter or the issue of any such child or children who shall be living at or before her death for such estates and interests and at such ages days and times and in such parts shares and proportions manner and form and for such interest as the same daughter notwithstanding Coverture shall be her Will in writing or any Codicil thereto or any writing in the nature of or purporting to be her will or Codicil be signed by her in the presence of and attested by two or more Witnesses direct or appoint

And in default of any such direction or appointment In Trust for all and every the Child and Children of the same daughter who being a Son or Sons shall attain the age of twenty one Years or die under that age leaving issue of his body the living, or being a daughter or daughters shall attain that age or be previously married to be equally divided between them as tenants in common and not as joint tenants and his her and their executors administrators and assigns

And in case my said daughter Mary shall not have a Son who shall attain the age of twenty one Years or die under that age leaving issue of his body then living nor any daughter who shall attain that age or shall be married Then I direct my said Trustees to stand possessed of the said last mentioned trust funds In Trust to pay and dispose of the same in such manner and for such purposes as my said daughter Mary shall by her Will signed by her and attested as last aforesaid and notwithstanding her Coverture, direct or appoint

And in default of such direction or appointment and so far as the same shall not extend In Trust for the Brothers and Sisters of my said daughter Mary living at her death and the issue (such issue to take per Stripes [actually per Stirpes] and not per Capita) * of such of her Brothers and Sisters as shall be then dead) as Tenants in Common and his her and their executors administrators and assigns

And I give and bequeath unto my said Brother and to my Sons George, John and Robert the further sum of Four thousand pounds Upon Trust to invest the same with the consent of my daughter Ann the Wife of Thomas Knight in like manner as hereinbefore mentioned and to stand possessed of the trust funds and the securities in or upon which the same shall be invested Upon such or the like trusts and with such or the like powers and provisions for the benefit of my said daughter Ann and her child children and issue and other persons by way of remainder as are hereinbefore expressed and declared touching or concerning the legacy provided for my said daughter Mary and her issue and others in remainder as aforesaid in all respects substituting the name of my said daughter Ann instead of the name of my daughter Mary

And Whereas my Son in Law Thomas Knight was on the sixth day of January instant [1832] indebted to me in the Sum of One thousand three hundred and twenty seven pounds nineteen shillings and ten pence I direct that in case the same or such part thereof as shall be unpaid shall be considered as part of the sum of Four thousand pounds hereinbefore bequeathed for the benefit of my said daughter Ann and her issue

And I authorise and require the trustees or trustee of this my Will to retain the interest of the residue of the sum of Four thousand pounds hereinbefore provided for my daughter Ann as and when the same shall become due and the increase thereof and apply the same in reduction and discharge of the debt which shall be so due and owing from the said Thomas Knight and the interest thereon until the whole of the said debt and interest shall be or have been satisfied or the said Thomas Knight shall sooner die

And I give and bequeath unto my said Brother and three Sons the further sum of Four thousand pounds Upon Trust to invest the same with the consent of my daughter Charlotte the Wife of Thomas Rammell in like manner as hereinbefore mentioned (and with such power to lend the same to her husband as hereinbefore stated) And to stand possessed of the last mentioned Trust funds and securities in or upon which the same shall be invested Upon such of the like Trusts and with such or the like powers and provisions for the benefit of my said daughter Charlotte and her child and children and issue and other persons by way of remainder as are hereinbefore expressed and declared touching or concerning the legacy provided for my daughter Mary and her issue and others in remainder as aforesaid in all respects substituting the name of my said daughter Charlotte instead of the name of my daughter Mary

And I do hereby give and bequeath unto my said Brother John Lake and to my said Sons George, John and Robert the further sum of Four thousand pounds Upon Trust to invest the same in manner hereinbefore directed with respect to the share of my said daughter Mary And Upon further Trust to pay the interest dividends and annual income of the said last mentioned trust funds and property as and when the same shall be from time to time received unto my daughter Jane for her sole and separate use and free from the control of any husband and without power while under of such from Coverture to anticipate charge incumber or assign the growing payments of her said income

And for that purpose I direct that the personal receipts of my said daughter Jane after the money shall be due shall be alone a sufficient discharge to my Trustees and that if my said daughter Jane shall when free from Coverture assign or charge this provision for her or if she at any time shall be deprived of the personal enjoyment thereof the same shall cease and that the Trust for her benefit shall be considered divided into provisions applicable to the time whilst she shall be free from and provisions applicable to the time when she shall be subject to coverture so as that a new and distinct provision may arise and take effect for her separate use upon every marriage of my said daughter Jane and that my intention to make an alienable provision for her during her life may effected tis my Will shall be considered as a direction for a settlement by a Court of Equity accordingly

And from and after the decease of my said daughter Jane Upon Trust to stand possessed of the said last mentioned trust monies securities and premises Upon such or the like trusts and with such or the like powers and provisions for the benefit of any Child or Children and issue of my said daughter Jane and other persons by way of remainder as are hereinbefore expressed and declared touching or concerning the legacy provided for my said daughter Mary from and after her decease in all respects substituting the name of my daughter Jane instead of the name of my daughter Mary

Provided always and I direct that it shall be lawful for each of my said daughters respectively by any such Will or Codicil in writing or writing in the nature of a Will and so signed and attested as hereinbefore mentioned to direct and appoint give or bequeath half the interest and annual proceeds of the sum or sums of money hereinbefore provided for the benefit of such daughter and her family or of any part thereof unto or In Trust for any Husband who shall survive her for his life to take effect at any time after her decease and preferably to the trusts and provisions by way of remainder expectant upon her life and upon any conditions she may think proper and so nevertheless that the same shall be made an inalienable provision for him

And in case of the exercise of this present power the payment of the principal of the sum of which the interest shall be so directed appointed given or bequeathed shall be deferred until the decease of such Husband or his ceasing to become entitled to such interest Provided always and notwithstanding any thing before contained I hereby authorise and empower the Trustees for the time being of this my Will (if in their discretion they deem it advisable and if required by some writing signed by the mother of the child or children for whose benefit the advancement hereinafter mentioned is intended to be made if she shall be living and if dead then of the proper authority of my said Trustees) to advance pay and apply any part or parts of the share or presumptive shares of any child children or issue of each of my said daughters of and in the sum of Four thousand pounds provided for her respectively in or towards the preferment or advancement in the World of any such child children or issue notwithstanding his her or their share or shares shall not then be vested or payable

And I give and bequeath unto my said Trustees all other my Leasehold Estates and also all other my Personal Estate and Effects whatsoever not before disposed of To hold the same unto the said Trustees their executors administrators and assigns Upon Trust to carry on and continue all the Farming business in which I shall be engaged at my death until the then next following Michaelmas and put off and dispose of the same and realise the property I have therein as soon after that period as may be
Nevertheless I authorise and empower my Trustees and Executors if they think fit to carry on the farming business on such property as I may be in possession of at my death as tenant thereof until the expiration of the Leases if there be any and if not till the tenancies can be determined by notice to quit Subject nevertheless to the direction hereinafter contained as to the Farm at Hoo

And as to any property in the Isle of Grain which I may hold at the time of my death in Copartnership with my said Brother I do hereby expressly authorise my said Trustees and Executors to continue the business there if they shall deem it advisable so long as my Brother shall require and to make such settlement & terms with my said Brother relative to such last mentioned property and business as the said Executors shall think advisable and that notwithstanding my said Brother is one of my Executors

And as to the Leasehold Farms and Lands in the Hundred of Hoo which I occupy under the Earl of Jersey I direct that my Son Edward shall have the option of taking to the same on paying for the Stock and Tenants property and effects thereon if he shall think fit according to the custom of the County

And Upon further Trust to sell all my Leasehold Estates subject as to my Woodstreet House to the bequest to my said Wife for life and to collect in my debts and convert into money all my Personal effects subject to the directions before contained at such times and in such manner in all respects as my said Trustees shall in their discretion and without being answerable or accountable for the exercise of their discretion think right and expedient

Provided always that in case my Son in Law Thomas Rammell shall desire to purchase my Leasehold Marsh Land and Property called “Rushenden” held under the hospital of St. Katherines at the sum of Four thousand pounds the same shall be conveyed to him for that sum
And in the event my said Son in Law Thomas Rammell declining such purchase I direct that my Sons John and Robert according to seniority shall have the option of purchasing the same at that price

And I direct my said Trustees to stand possessed of my said residuary Personal Estate after payment of my debts funeral & testamentary expences and the legacies payable out of my Personal Estate) and the increase and profits thereof In Trust for my six Sons their executors administrators and assigns equally to be divided between them share and share alike as tenants in common And I give and bequeath unto my said Six Sons all my beneficial Real Estates (if any) not before devised share and share alike as tenants in common and not as joint tenants and to their respective heirs and assigns

And I direct that as to my Sons who are not my Executors they shall at all times have free access to all my Books of accounts and the accounts of the Trustees and Executors of this my Will And I direct that Minutes in Writing of any thing done and to be done by my Executors and Trustees be made and entered in a book for the information of my Executors and Trustees and of my Sons and that such book shall on demand be produced by my Executors or Trustees to any of my Sons requiring the same

And I give and devise unto my said Sons John and Henry and their heirs all such Freehold Estates as are vested in me as a Mortgagee or Trustee for myself or others Upon the Trusts and for the purposes for which I hold the same

And I declare that the purchaser or purchasers of any of my Estates and also all person or persons who shall pay transfer deliver convey or assure any monies stocks funds securities income effects or property which shall be subject to the trusts of this my Will to or according to the directions of the Trustees or Trustee thereof for the time being shall not be required to see to the application of the same nor be answerable for any misapplication thereof and that the receipts of the said Trustees or Trustee for the time being for any monies which shall come to their hands shall be effectual discharges for what shall therein be acknowledged to have been received

Provided always and I direct that if the Trustees hereby appointed or to be appointed as hereinafter mentioned or any or either of them shall die or desire to be discharged from or refuse or decline to act or become incapable of acting in the trusts of this my Will or shall go or propose to go beyond Seas [overseas] before the same trusts shall be fully executed Then and in every such case and as soon as conveniently may be it shall be lawful for the continuing or surviving Trustee or Trustees or the executors or administrators of the last acting Trustee by any deed or instrument in writing to be duly executed by him her or them to appoint any other fit person or persons to be a Trustee or Trustees in the place of the person or persons so dying desiring to be discharged refusing declining or becoming incapable or going or proposing to go beyond (the) Seas as aforesaid so nevertheless there shall be always one Trustee acting under this my Will who shall not be my Son

And that when and so often as any new trustee or trustees shall be appointed as aforesaid all the trust estates monies and premises shall be legally and effectually vested in the Trustee or Trustees so to be appointed as aforesaid either solely or jointly with the surviving or continuing Trustee or Trustees as occasion shall require Upon and for the trusts intents and purposes hereinbefore expressed and declared or such of them as shall then be subsisting or capable of taking effect and the Trustees or Trustees so to be appointed as aforesaid shall have and be invested with all powers discretions and authorities hereby invested in the trustees named in this my Will

And I direct that my said Trustees and Executors respectively shall not be answerable or accountable for the acts receipts neglects or defaults of the others or other of them or for any Servant or Agent to be employed in the execution of the aforesaid Trusts but each of them for his own acts receipts neglects and defaults only nor shall they or any of them be answerable or accountable for any loss or damage which may happen to the said Trust premises except the same shall happen by or through their or his own wilful neglect or default

And also that each of them my said Trustees & Executors shall and may by with and out of the monies which shall from time to time come to their respective hands by virtue of the trusts aforesaid reimburse himself and allow to his Cotrustee or Cotrustees all costs and expences which they or any of them shall or may respectively incur sustain or be put unto in or about the execution of this my Will and that my Son John be allowed his reasonable charges for all Professional business transactions by him or his Partners

And I declare that it shall be lawful for my Executors or Trustees or Trustee for the time being of this my Will notwithstanding any thing herein contained to give time for payment or liquidation of any debt sum or demand belonging to my Trust Estate and to take or continue any security personal or otherwise for the same and to pay or allow any claim or demand against my Estate according to the discretion of the said Trustees or Trustee and to refer to arbitration any difference or dispute respecting any claim or demand which shall be claimed as belonging to or due from my Estate and to sign the Contract of any Bankrupt Debtor or Debtors to the said Estates and agree to any composition or in respect of such claims or demands as aforesaid and generally to act with relation to all the trust property and affairs according to the discretion of the said Trustees or Trustee

And lastly I do hereby revoke all former and other Will and Wills and declare this only to be my last Will and Testament
In Witness whereof I the said William Lake the Testator have to this my last Will and Testament written and contained in twelve sheets of paper set my hand and seal in manner following (that is to say) my hand to the first eleven sheets thereof and my hand and seal to this twelfth and last sheet the twenty fifth day of January in the Year of our Lord one thousand eight hundred and thirty five
Wm Lake

Signed Sealed Published and declared by the said William Lake the Testator as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as Witnesses hereto, the words “except Rodmersham” om the second sheet and the words between “sum” in the seventh line and “and” in the sixteenth line of the ninth sheet and the words “or the husband of either of my daughters” in the tenth sheet being first erased and the words “and Lucketts” between the sixth and seventh lines of the third sheet being first interlined
James Blaxland of Dully in the Parish of Tonge - Thos. Furmston of Bapchild - Jas. Lake of Checks Court, Tonge

This is a Codicil to my Will

I direct that the Interest of the Sum of Four thousand pounds by my Will provided for my daughter Mary Cobb shall be paid and applied in reduction of the sum of One thousand pounds due to me and secured by the Bond of Mrs. George and Charles Cobb as Trustees for the benefit of my said daughters Husband
And I direct my Trustees and Executors to apply the same accordingly it being my intention to protect the said Messrs. George and Chas. Cobb from loss in consequence of their kind and very beneficial interference for their Brother & I can but express my hope that they will continue the Trust till the Business (with the aid of the interest of the money I have provided for my daughter) shall have discharged all debts and obligations to which the Business in the hands of the Trustees may be subjected And I do most earnestly advise Mr. Robert Cobb to consent to and aid in the arrangement for the sake of his Children

Nevertheless and notwithstanding any thing herein contained the Trustees and Executors named in my Will may on the solicitation of my daughter Mary Cobb apply only part of the said income and interest for the purposes aforesaid and pay the rest as directed by my said Will it being my Wish and intention that their discretion may be exercised and that they should act according to their discretion, without being answerable for it fully trusting they will forward the object of my life and do the best for my said daughter Mary her Husband and Children and the other objects of my family for whose benefit I have appointed them as Trustees

And I confirm my Will in all respects not hereby altered
In Witness whereof I have to this Codicil set my hand and seal this 11th day of February one thousand eight hundred and thirty five
William Lake
Signed sealed & published by the said William Lake in my presence Richard Denne

In the Prerogative Court of Canterbury
In the Goods of William Lake deceased

Appeared Personally William Cantwell of No. 21 New Millman Street in the County of Middlesex Gentleman and made oath that he knew and was well acquainted with William Lake late of Wood street in the Parish of Bapchild in the County of Kent Gentleman deceased and also with his manner and character of handwriting and subscription from having frequently seen him write and write and subscribe his name to writings and having now carefully viewed and inspected the paper writing hereunto annexed marked No. 2 purporting to ne a Codicil to the last Will and Testament of the said deceased beginning thus:
“This is a Codicil to my Will” and ending thus: “In Witness whereof I have to this Codicil set my hand and seal this 11th day of February one thousand eight hundred and thirty five” and subscribed thus: “Wm. Lake” and having more particularly viewed and inspected the name and subscription “Wm. Lake” so as aforesaid set and subscribed to the said Codicil this deponent saith he verily and in his conscience believes the same to be of the proper handwriting of the said William Lake deceased
Wm. Cantwell
On the seventeenth day of October one thousand eight hundred and thirty five the said William Cantwell was duly sworn to the truth of this Affidavit Before me John Danberry Sur. [Surrogate] Prest. R.J. Abbot Not. Pub.

Proved at London with a Codicil the 26th October 1835 before the Judge by the Oaths of John Lake the Brother and George Lake, John Lake and Robert Lake the Sons the Executors to who. Admon. [Administration] was granted having been first sworn by Commission duly to administer.
Exd.

Notes:
* Coverture – in this case meaning the legal status of a married woman, considered to be under her husband's protection and authority.
* Per Stirpes and per Capita - Under per capita, the share of any beneficiary that precedes you in death is shared equally among the remaining beneficiaries. With per stirpes, if one child were to precede you in death, the other child would receive half, and the children of the deceased child would get the other half.

Transcribed by Shelagh Mason 25th-26th October 2020

Return to Kent Genealogy