Will of Edward Lake

of Hoo, Kent

I give and bequeath unto my dear Wife Mary Anne absolutely for her own use all the furniture, linen, china, wine, plate and other household effects which shall be in and about my residence at the time of my decease
I also give and bequeath to her absolutely the sum of three hundred pounds which I direct shall be paid to her immediately after my death

I give and bequeath to each of my children who being a Son or Sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or be previously married with the consent of her or their guardian or guardians the sum of one thousand pounds which I direct shall be paid immediately upon such Son or daughter becoming entitled thereto notwithstanding the proviso hereinafter made for my said Wife

I give devise and bequeath unto my dear Wife Mary Anne and to my Brothers George, Charles and Henry all my Estate Property and Effects both real and personal of every description of which I may die possessed and of which I have power to dispose to hold so much of my said property as consists of real estate unto and to the use of my said trustees their heirs and assigns And to hold such part as consists of personal estate unto them their heirs executors administrators and assigns according to the nature and quality thereof respectively Nevertheless upon the trusts and for the intents and purposes hereinafter declared concerning the same (that is to say)

Upon trust as to the Farming business in which I am at present engaged in the Isle of Graine in partnership with my Brother John to dispose thereof and of all my interest therein or such times upon such terms and in such manner in all respects as to my said trustees shall in their uncontrolled discretion seem fit
But I direct that my Brother John shall have the first option of taking to my interest in the said business in case he shall be desirous so to do

In regards to the business carried on by me at Hoo as well on property of which I am tenant as on my own freehold property I direct that my said Executors and Trustees shall be at liberty at their discretion either to sell and dispose thereof at such time or times and in such manner as they may think expedient or to carry on and convert the same for the benefit of my estate for such time or times as they may think most advisable and beneficial for my Family

And I declare that the discretion hereby vested in my said Trustees of carrying on or disposing of any part of my Farming business shall be uncontrolled and that for the honest exercise thereof they shall not be answerable to anyone it being my intention they shall be at liberty to act for the benefit of my Family as they shall think best with a due regard to the circumstances in which my Property may at the time be placed and which I cannot now forsee or provide for and in case they shall carry on any part of my Farming business so that they shall be at liberty to employ such bailiffs or managers and other persons and at such salaries as they may think necessary and shall not be answerable for any losses that may arise in the fair management thereof

And I declare that the nomination of my Brother Charles as one of the Executors and Trustees of this my Will shall not incapacitate him from taking any part of my business that may be disposed of But he shall have the same power of taking the same and of treating for the same with my remaining trustees and Executors as if he were a stranger and as to my real estate I authorize the Trustees or Trustee for the time being of this my will (if they shall or he shall think it desirable with view to the division of my property and the benefit of my estate and not otherwise) to sell and dispose thereof by public auction or private contract at such time or times at such price and prices and in such manner in all respects as they may think right and to make do and execute all such acts deeds and assurances as may be necessary for effectuating such sale or sales

And I declare that the receipts in writing of the trustees or trustee for the time being of this my Will for the purchase money of my said real estate or any part thereof or for any other monies payable to them under the trusts of this my Will shall be good and effectual discharges for so much money as in such receipts shall be expressed to be received and that the person or persons paying such money and taking such receipts shall not afterwards be [required?] to see to the application thereof or be answerable for the misapplication or nonapplication thereof or any part thereof or to enquire into the propriety of or necessity for such sale and subject to the aforesaid directions

I direct my said Trustees to collect, call in and convert into money all my residuary personal estate which shall not at my death consist of money or securities for money and after payment thereout of all my just debts funeral and testamentary expences and legacies to invest the same and also the money which shall arise from the sale of my real estate in case the trustees shall think fit to sell the same in the names of my said trustees in any of the Parliamentary stocks or Public funds of Great Britain or at interest on Government or real securities in England (to be from time to time altered varied and transposed as occasion shall require) and to stand possessed of such residuary estate funds and securities and also of my real estates if not sold Upon trust to pay the interest rents and annual produce thereof to my said Wife during her life if she shall so long continue my Widow (for the maintenance and support of herself and Family)

And in the event of her marrying again then I direct my said trustees to pay her for her own use to commence from the day of her second marriage the annual sum of one hundred and sixty pounds only by equal quarterly payments (in the event aforesaid) subject to the said annuity to apply a sufficient part of such interest rents and annual produce towards the maintenance of my children and to invest the residue for their benefit and subject to the provision hereby made for my said wife

I give devise and bequeath all my said residuary real and personal estate and the stocks funds and securities in or upon which such personal estate shall be invested unto and between all and every my child and children who being a Son or Sons shall attain the age of twenty five years or being a daughter or daughters shall attain that age or be previously married with the consent of her or their guardian or guardians and to the issue of any child or children who shall have died under the aforesaid age of twenty five years leaving lawful issue him her or them surviving to be equally divided between or among such children if more than one and the issue of any deceased child or children for their respective absolute use and benefit such issue nevertheless taking between them equally only the share which their parent would have been entitled to if living and if there shall be but one child then the whole to be for such one child his or her heirs executors administrators and assigns absolutely

And I do hereby declare that it shall be lawful for the trustees or trustee for the time being of this my will after the decease or second marriage of my said Wife and during such time as any one or more of my child or children being a Son shall be under the age of twenty one years or being a daughter shall be under that age and unmarried to apply the interest dividends and annual produce of the said residuary trust monies funds and securities or a competent part thereof for or towards their maintenance or education of such child or children and also at any time either during the life of my said wife or after her decease to advance so much as my said trustees or trustee shall think proper not exceeding one third part of the presumptive share of any one of more of my children (whether Sons or Daughters) in the capital of my said residuary estate in or towards the performance of advancement in the world of any such child or children

And in case there shall be no person in whom the said residuary estates stocks funds and securities shall become absolutely vested under the trusts aforesaid the same shall be held as to one third part thereof In trust for my said Wife her heirs executors administrators and assigns and as to the remaining two third parts thereof Upon trust for such of my Brothers and Sisters as shall be living at the death of my said Wife or in the event of her second marriage then such as shall be living at the time of such failure of issue as aforesaid or shall be dead leaving issue then living equally be divided amongst them as tenants in common their heirs executors administrators and assigns absolutely
But the issue of any deceased brother or Sister shall take between them equally only the share their parents would have been entitled to if living

And I do hereby declare that it shall be lawful for my said Trustees or Trustee in the exercise of their his or her discretion (and without being answerable for the exercise thereof) to give time for payment or satisfaction of any debts or demand belonging to my estate and to take such security personal or otherwise for the same as they may think right and to continue any sum due to me at my death Upon personal or other security upon the like security and to compound for any debt or demand belonging to my estate and to pay or allow any claim or demand upon my estate and to refer to arbitration any difference or dispute respecting any demand which shall be claimed for or against my estate or which shall arise in the execution of the truss of this my Will

Provided always and I do hereby declare that if the trustees appointed in this my Will or to be appointed as hereinafter is mentioned or any one or more of them shall die or be desirous of being discharged from or decline or be incapable to act in the trusts hereby in them reposed as aforesaid or shall prepare to go beyond Seas before the said trusts shall be fully executed then and so often as the same shall happen it shall be lawful for the them surviving or continuing trustees or trustee of the executors or administrators of the last surviving or continuing trustee by any deed or deeds instrument or instruments in writing duly executed from time to time to nominate substitute or appoint any other person or persons in the place of the trustee or trustees so dying or desiring to be discharged or declining or becoming incapable to act or preparing to go over Seas as aforesaid

And so often as any new trustee shall be nominated and appointed as aforesaid all the trust estates monies and premises or such of them as shall be then subject to the trusts aforesaid shall be thereupon assured and transferred so that the same shall be legally and effectually vested in the person or persons so to be appointed as aforesaid either solely or jointly with the surviving or continuing trustees or trustee as occasion shall require Upon and for the trusts intents and purposes hereinbefore expressed and declared of and concerning the said trust estates monies and premises or such of them as shall be then subsisting undetermined and capable of taking effect

And I do hereby declare that it shall be lawful for the trustees and executors respectively of this my Will to retain and reimburse themselves himself and herself respectively and also to allow to their respective co-trustee or co-trustees co-executor or co-executors out of any of the monies or estate which shall come to their or any of their hands all such reasonable costs charges damages or expences as they or any of them shall respectively incur sustain or be put unto in or about the execution of all or any of the trusts hereby in them reposed and that the appointment of my Brother Henry as trustee shall not prevent him and his partners from making all such charges for professional business done by him or them as he or they would otherwise be entitled to make and be paid

And that none of them shall be answerable or accountable for the acts deeds receipts defaults neglects or payments of the other or others of them but each of them for himself and herself and his and her own acts and deeds receipts defaults neglects or payments only and not otherwise nor for any loss or losses which shall or may happen in or to the said trust monies or estates or in the execution of the trusts unless the same shall be or happen by or through his her or their respective wilful neglect and default And then and in that case each person shall only be answerable for the damage which shall arise from his or her own default or neglect

And lastly I do hereby nominate and appoint my said Wife Mary Ann Executrix and my said Brothers George, Charles and Henry Executors of this my Will and Guardians of my children during their respective minorities

In Witness whereof I the said Edward Lake the Testator have to the foot or end of this my last Will and Testament contained in this and the five preceding sheets of paper and to each such preceding sheet set my hand this fifth day of July in the year of our Lord one thousand eight hundred and forty one
Edwd. Lake

Signed and published by the above named Edward Lake the Testator as and for his last Will and Testament in the presence of us (present at the same time) who in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses
William Brooks Bailiff to Mr. C. Lake - Thomas Aveling Hoo

Proved at London the 5th June 1845 before the Judge by the Oaths of Mary Anne Lake Widow the Relict and George Lake, Charles Lake and Henry Lake the Brothers the Executors to whom Administration was granted having been first sworn (to wit) the said Mary Anne Lake, George Lake and Charles Lake (by Commission) and the said Henry Lake before the Worshipful Sherrard Beaumont Burnaby, Doctor of Laws and Surrogate only to administer.

Transcribed by Shelagh Mason 7th December 2020

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