Will of Susannah Martin

of East Peckham, Kent

I give and bequeath unto Henry Simmons of Hadlow in the County of Kent Farmer whom I hereby appoint sole Executor of this my Will the sum of five pounds of lawful money Current in Great Britain as a trusting Compensation for his trouble in the Execution of the trusts hereby reposed in him

And I give and bequeath unto my niece Ann the wife of William Cock of Lydd in the said County of Kent Salesman all my household goods and furniture, plate, China, Wearing apparel, Trinkets and books

Also I give and bequeath unto the said Henry Simmons the sum of one thousand pounds of like lawful money Upon Trust
as soon as may be after my decease to lay out and invest or continue the same in the public funds or upon freehold Securities in Great Britain and with a discretionary power from time to time to change the securities on which the said trust monies or any part thereof shall be invested for other securities of a like nature and to stand possessed of the said sum of one thousand pounds and the securities upon which the same shall be invested

Upon trust to pay the Interest dividends and annual produce thereof unto my said niece Ann the wife of the said William Cock during the term of her natural life for her sole and separate use independently and exclusively of her said present and of any future husband and without being in any wise subject or liable to his Control Debts or Engagements respectively and her receipts alone for the said Interest Dividends and Produce when due and payable to be from time to time an effectual discharge for the same

and from and after the decease of my said niece leaving any husband her surviving
then Upon trust to pay the Dividends Interest and annual Produce of the said trust monies unto the husband of my said niece during the term of his natural life
and from and after the decease of my said niece and also after the decease of such her husband (if any) surviving her Upon trust to pay and transfer the principal of the said trust monies and all stocks funds and securities upon which the same shall be invested and all interest dividends and produce thereof not applicable under the trusts aforesaid unto all and every or unto such one or more exclusively of the other or others of the Children or remote Issue of my said niece and if more than one in such shares and payable at such time or times being after the decease of my said niece and of such her husband if any surviving her as aforesaid

and subject to such Conditions and stipulations and with such provisions for their respective maintenance education and advancement as my said niece whether married or solo by any deed or writing under her hand and seal and attested by two credible witnesses and either with or without power of revocation or by her last Will and Testament in writing or any writing in the nature of or purporting to be her last Will and Testament or any Codicil or Codicils thereto to be respectively attested as aforesaid shall from time to time direct or appoint
and in default of such appointment by my said niece and as to such part of the said trust monies and property to which no such appointment shall extend Then upon trust to pay and transfer the same trust monies and property unto all and every or unto such one or more exclusively of the other or others of the Children or remoter Issue of my said niece and if more than one in such shares and payable at such time or times being after such several deceases as last aforesaid and subject to such conditions stipulations and provisions as the said William Cock shall after the decease of his said wife by any such deed Will Codicil or Writing to be made and to be respectively attested as aforesaid direct or appoint
and in default of such several appointments and as to such part of the said trust monies and property to which no such appointment shall extend Then Upon Trust that the trustees for the time being of this my will shall and do immediately after the decease of my said niece and also after the decease of her husband (if any) surviving her Pay assign and transfer all the said trust monies, stocks, funds and securities unto the Child (if only one) and if more than one then unto all the Children as well daughters as sons of my said niece in Equal shares as tenants in Common

And I declare that if any one or more of the Children of my said niece being a son or sons shall die under the age of twenty one years or being a daughter or daughters shall die under that age without having been married then as well the original share or shares of the Child or Children so dying as the share or shares which under this present provision shall have accrued to him her or them of and in the said trust monies and property shall go to the survivors or survivor of such Children and if more than one in equal shares

And I further declare that after the decease of my said niece and also of such her husband any surviving her as aforesaid and during such time as her Children or any of them being a son or sons shall be under the age of twenty one years or being a daughter or daughters shall be under the said age and unmarried the trustees for the time being of this my will shall apply the interest and dividends of the share to which each such Child shall be presumptively entitled in or towards his or her maintenance education and bringing up and shall accumulate the surplus (if any) for the benefit of the person or persons who shall become ultimately entitled to the principal of such share

And further that such trustee may if he shall think fit with the Consent of Thomas Hubble the father of my said niece and also of my said niece if living or if she be dead then also of her husband if any surviving her and after their several deceases at the discretion of such trustee, raise and apply any part not exceeding one third of the principal of the expectant share of any son of my said niece for putting him to any Trade, Business or Profession or otherwise for his advancement in the World

and if no Child of my niece being a son shall attain the age of twenty one years or being a daughter shall attain that age or marry then I give and bequeath all the said trust monies and property unto such person or persons as my said niece shall by deed or will or Codicil to be respectively attested as aforesaid direct or appoint and in default of such last mentioned appointment then unto the next of kin of my said niece for their his or her respective absolute use and benefit and subject to the payment of all my just debts, funeral and testamentary expences and legacies

I give and bequeath unto the said Henry Simmons All the Rest Residue and Remainder of my ready money, securities for money, Estate, Effects and property whatsoever and wheresoever upon trust to lay out and invest or to continue the same on such securities as hereinbefore mentioned with like power to change the same from time to time as aforesaid and to pay the interest of all my residuary trust monies and property unto the said Thomas Hubble now residing at or near Kizells in the Parish of Tonbridge in the said County of Kent Yeoman for and during the term of his natural life

and from and immediately after the decease of the said Thomas Hubble Upon Trust to stand possessed of all the said trust monies and property last hereinbefore bequeathed constituting my residuary estate and of all stocks and securities on which the same shall be invested and of the Interest dividends and produce thereof upon and for such and the same trusts and with under and subject to such and the same powers, provisoes and declarations in favor or for the benefit of my said niece and her husband (if any surviving her) and her children or remoter Issue or next of kin or other person or persons respectively as are hereinbefore expressed and declared concerning the said sum of one thousand pounds and the securities, interest, dividends and produce thereof respectively as aforesaid

And I further declare my will to be that notwithstanding any of the trusts or provisions herein before contained it shall be lawful for the trustee for the time being of this my Will (if he shall think the same fit and discreet but not otherwise) and upon the request in writing of my said niece to advance by way of loan unto my said niece or unto her husband and upon such security as the same trustee shall deem sufficient any sum or sums of money being part of the principal of the trust moneys to the interest and dividends whereof my said niece shall then be entitled in possession under this my will without such trustee being responsible for any loss arising thereby or from any deficiency or insufficiency of such security and the same security and the interest payable thereon shall thenceforth be held by and be considered to be vested in my said trustee Upon the several trusts and subject in all respects in like manner as the trust monies out of which such advance or advances shall have been made as aforesaid

Provided always And I further declare that if the said Henry Simmons or future trustee of this my Will to be appointed as hereinafter mentioned shall die or be desirous of being discharged from or refuse or decline or become incapable to act in the trusts hereby in him reposed before the same shall be fully performed then and in every such case it shall be lawful for my said niece during her life and after her decease then for the then last acting trustee or the Executors or Administrators of the last acting trustee by any Deed or Writing to be by him or them sealed and delivered in the presence of two Credible witnesses from time to time to nominate and appoint any fit person to be a trustee in the stead of the trustee so dying or desiring to be discharged or refusing, declining or becoming incapable to act as aforesaid

And in every such case all the trust monies, securities and premises shall immediately thereupon be transferred unto and be legally and effectually vested in such new trustee to be held by him Upon the trusts and with, under and subject to the powers declarations and provisions hereinbefore expressed and declared concerning the same or such of them as shall be then subsisting undetermined and capable of taking effect, and every new trustee shall have and may execute all the powers and authorities hereby given to the said Henry Simmons in the same manner as if appointed under this my Will

And lastly I declare that the said Henry Simmons and every future trustee of this my Will and his and their respective Executors and Administrators shall be charged only for such monies as he or they respectively shall actually receive by virtue of this my will and may respectively out of the said trust monies reimburse himself and themselves respectively all Costs Charges and expences sustained and expended in the Execution of this my will or relating thereto

And I hereby revoke all former Wills
In Witness whereof I have to this my last Will and Testament contained in three sheets of paper set my hand and seal, that is to say, my hand to the first two sheets thereof and to this third and last my hand and seal the day and year in the first sheet first above written
Susannah Martin

Signed Sealed Published and Declared by the said Susannah Martin the testator as and for her last Will and Testament in the presence of us who in her presence at her request and in the presence of each other have hereunto subscribed our names as Witnesses
Laura Carnell - John Carnell, Solicitor, Tonbridge

Proved at London the 12th January 1835 before the Worshipful Joseph Phillimore, Doctor of Laws and Surrogate by the oath of Henry Simmons the sole Executor whom adm[inistrati]on was granted having been first sworn duly to administer
Exd.

Transcribed by Shelagh Mason 22nd March 2021

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