I constitute and appoint my dear Wife Maria Martin and nephew George Simmons son of my late Sister Elizabeth Simmons and my friend Thomas Martyr Wild of Branbridges in the Parish of East Peckham aforesaid Gentleman to be Executors and Trustees of this my Will and Guardians of the persons and estates of my children now born or hereafter to be born during their respective minorities
I desire to be buried in the Chancel of the Parish Church of Hadlow in the said County of Kent with as little funeral pomp as possible and to be carried to my Grave in a one horse hearse if it can be procured and to be followed by such relations and friends as may kindly wish to pay me that last mark of respect in their own private conveyances and as I shall be buried out of the Parish in which I reside the officiating Clergyman will charge double fees, I therefore desire that my executors do not present to the said Clergyman the usual hatbands scarf or gloves
I bequeath to my brother William Martin a legacy of two thousand pounds sterling
I bequeath to my nephew the said George Simmons and to my nephew Thomas Simmons (son of my Sister Ann Simmons wife of Henry Simmons)
and to my nieces Anne Simmons, Mary Anna Simmons and Elizabeth Simmons (daughters of my said Sister Ann Simmons) each a legacy of
two hundred and fifty pounds sterling
I bequeath to my faithful servant Edward Hodge a Legacy of two hundred pounds sterling provided he shall at the request of my
Executors enter into and continue in the service in the affairs of my estates after my decease for so long time as my said Executors shall
require him to remain in such service to be paid to him on his quitting such service by desire of my Executors to his
executors or administrators or legatee or legatees in the event of his dying in such service
Provided always that my said Executors alone shall decide whether the said Edward Hodge shall
enter into and remain in such service and shall have the sole power to release him therefrom and are
hereby solely empowered to decide whether in case of his entering into and remaining in such service
as aforesaid he has faithfully discharged the duties thereof And if they shall be of opinion he has not
so discharged such duties then they are hereby authorized to cancel and refuse payment of the said legacy
And I direct that during the suspension of and until payment or cancellation of the said Legacy my
said Executors shall pay to the said Edward Hodge interest half yearly at four pounds per cent on the
said legacy and such interest and the legacy itself if payable and paid shall be over and above and independent of the salary or wages of
the said Edward Hodges as such Servant of my said Executors as aforesaid
I bequeath to the Treasurer for the time being of the Society for Promoting Christian Knowledge a legacy of one hundred pounds sterling
free of legacy duty to be applied to the general purposes of the Society
And I bequeath to the Treasurer for the time being of the West Kent Infirmary and Dispensary Maidstone a legacy of one hundred pounds
sterling free of legacy duty to be applied to the general purposes of the Institution
And I direct that such two last mentioned legacies shall be paid out of such part of my personal estate as the law permits to be
appropriated by Will to Charitable purposes preferably and in priority to the other pecuniary legacies hereby bequeathed
And I further direct that all the foregoing legacies (except the said contingent legacy of Two hundred
pounds to the said Edward Hodge) shall be paid within six calendar months next after my decease
I bequeath the several sums of one thousand pounds sterling, one thousand pounds sterling, five thousand pounds sterling and five thousand
pounds sterling to my said Executors and Trustees Upon trust to invest or continue invested the same several sums respectively separately
and apart from each other or so that the same may be readily distinguished for the purpose of the
separate and distinct trusts hereinafter declared thereof respectively in the names or name of the
executors and trustees for the time being of my Will in or upon any of the public stocks funds or
securities of the United Kingdom or on mortgage of freehold or copyhold estates in England with
liberty to vary and transpose the investments from time to time at (their) discretion for other investments of the description aforesaid
And to stand possessed of and be interested in the same several sums of one thousand pounds
sterling, one thousand pounds sterling, five thousand pounds sterling and five thousand pounds
sterling and the stocks funds and securities whereupon the same shall be respectively
invested as aforesaid and the dividends interest and annual produce thereof respectively Upon and
for the several trusts intents and purposes and with under and subject to the several powers,
provisoes and declarations hereinafter declared or referred to of and concerning the same respectively, (that is to say)
I declare that my said executors and trustees shall stand possessed of and be interested in the said first mentioned sum of one thousand
pounds and the stocks funds and securities whereupon the same shall be invested as aforesaid Upon trust
to pay to or otherwise sufficiently empower my Sister Frances the Widow of the late Henry Bates to receive and take the interest and
dividends of the said first mentioned sum of one thousand pounds or of the stocks funds or securities
upon which the same shall for the time being be invested for the term of her natural life for her own
sole and separate use and independent of the debts, controul, engagements or interference of any
future husband and her receipt alone shall from time to time be a good and sufficient discharge for the same
And from and immediately after the decease of my said Sister Upon trust to pay transfer and
dispose of the said last mentioned trust fund moneys and premises and the dividends interest and
produce thereof unto the children of my said sister by her said late husband or such one or more of
them in exclusion of the other or others of them for such interest or interests either absolutely or
conditionally in such parts shares and proportions and subject to such powers provisoes conditions
and restrictions and in such manner and form as my said Sister Frances shall notwithstanding any
future coverture by any deed or deeds by her legally executed or by her last Will and Testament or
any Codicil or Codicils thereto to be respectively executed and attested according to the Act for the
amendment of the laws with respect to wills direct or appoint
And for want or in default of any such direction or appointment and in the mean time subject thereto
Upon trust to pay assign transfer and dispose of the said last mentioned trust moneys funds
securities and premises and all dividends interest and other proceeds and produce thereof unto and
between such of the children of my said Sister Frances by her late husband living at the time of her
decease and such of the issue then living of her children dying in her lifetime (whether predeceasing
her or not) as being a male or males shall attain or have attained the age of twenty one years or being
a female or females shall attain or have attained that age or be or have been married as tenants in
common in a course of distribution according to the stocks and not to the number of individual
objects, the issue of deceased children taking by substitution the respective share only which their
respective parents would or might if living have taken
But if there shall be no object of the trust lastly hereinbefore contained then I direct and declare that the said last mentioned trust fund moneys and premises and all the accumulations thereof and all the then future dividends interest and annual and other proceeds and produce thereof respectively shall sink into and become part of my residuary personal estate hereinafter by me bequeathed and disposed of
I declare that my said executors and trustees shall stand possessed of and be interested in the said
secondly mentioned sum of one thousand pounds and the stocks funds and securities whereupon the same shall be invested as aforesaid and the
interest and dividends thereof upon and for the same and the like trusts intents and purposes and with under and subject to the same or the
like powers provisoes and declarations in favor and for the benefit of my Sister Sophia the wife of my brother in law John Taylor
and her children and issue by her present husband as are hereinbefore declared of and concerning the said first mentioned sum of one
thousand pounds and the stocks funds and securities whereupon the same shall be invested as aforesaid
And the interest and dividends thereof in favor or for the benefit of my said Sister Frances and her
children and issue by her said late husband as aforesaid
save only that the life interest of my said Sister Sophia Wife of the said John Taylor shall be for her sole and separate use independent
of the debts controul or engagements of her present as well as any future husband & so that the said
secondly mentioned sum of one thousand pounds and the stocks funds and securities whereupon the
same shall be invested as aforesaid and the interest and dividends thereof shall likewise sink into and become part of my residuary
personal estate if there shall be no object of the trust hereinbefore by reference declared of and concerning the same
I declare that my said executors and trustees shall stand possessed of and be interested in the said
first mentioned sum of five thousand pounds and the stocks fund and securities whereupon the same
shall be invested as aforesaid Upon trust to improve and accumulate the same at compound interest
until my daughter Emily Martin shall attain the age of twenty one years by repeated investments of
the income of the said fund from time to time when and as the same shall be received in like manner
as is hereinbefore authorized of and concerning the capital thereof and with the like powers as is
declared of such capital by varying and transposing every such investment to be made of such income as aforesaid
And if and when and so soon as my daughter Emily Martin shall attain the age of twenty one years
Upon further trust (subject to the power of appointment hereinafter given to my said daughter Emily
Martin) to pay the interest dividends and annual produce of the aggregate fund arising from the said
first mentioned Sum of five thousand pounds and the accumulations thereof as aforesaid unto my
said daughter Emily Martin during the term of her natural life for her own sole and separate use and
benefit independent of any husband whom she may marry his debts, engagements and control And I direct and declare that the receipt of
my said daughter Emily Martin whether covert or sole shall alone be a sufficient discharge for the same
And I empower my said daughter Emily Martin from time to time or at any time or times after she shall have attained to the age of twenty
one years by any deed or deeds to be by her legally executed or by her last Will and Testament in writing or any
Codicil or Codicils thereto to be respectively executed and attested according to the act for the
amendment of the laws with respect to Wills to direct, limit or appoint any portion or portions of the
same aggregate fund not exceeding in the whole the amount or value of one thousand five hundred
pounds sterling sterling to or in trust for such person or persons, intents and purposes and generally in such manner as the said
Emily Martin whether covert or sole shall think proper and shall thereby direct or declare
And from and immediately after the decease of my said daughter Emily Martin the as to the said
aggregate funds arising from the said first mentioned sum of five thousand pounds and the
accumulations thereof as aforesaid and the annual income thenceforth to grow due for the same but
subject and without prejudice to any appointment or appointments to be made under or by virtue of
the power so given to my said daughter Emily Martin as last aforesaid
In Trust for all or any one or more of the children or remoter issue of to my said daughter Emily
Martin (such remoter issue being born in her lifetime) in such proportions for such interests and
generally in such manner as she whether covert or sole shall by her will executed and attested
according to the Act for the amendment of the laws with respect to Wills direct or appoint But no
child in whose favor an appointment shall be made shall participate under the trusts next hereinafter
contained in the unappointed portion of the aggregate fund so to be appointed as aforesaid without
bringing the benefit of such appointment into hotchpot and in default of appointment and subject to any partial appointment
In Trust for such of the children of my said daughter Emily Martin living at the time of her decease
and such of the issue then living of her children dying in hr lifetime (whether predeceasing her or
not) as being a male or males shall attain or have attained the age of twenty one years or being a
female or females shall attain or have attained that age or be or have been married in a course of
distribution according to the stocks and not to the number of individual objects the issue of deceased
children taking by substitution the respective shares only which their respective parents would or
might if living have taken But if there shall be no object of the trust lastly hereinbefore contained then
as to the same aggregate fund and the annual income thenceforth to grow due for the same Upon
trust to sink into and form part of my residuary personal estate
I declare that my said Executors and Trustees shall stand possessed of and be interested in the said
secondly mentioned sum of five thousand pounds and the stocks funds and securities whereupon the same shall be invested as aforesaid
and the interest and dividends thereof upon and for the same or the like trusts intents and purposes and with under and subject to the same
or the like powers provisoes and declarations in favor or for the benefit of my daughter Anna Martin and her appointee or appointees,
children and issue as are hereinbefore declared of and concerning the said first mentioned sum of five thousand pounds and the stocks funds
and securities whereupon the same shall be invested as aforesaid And the interest and dividends thereof in favor or for the benefit of my
said daughter Emily Martin her appointee or appointees, children and issue
and so that the aggregate fund to arise from the said secondly mentioned sum of five thousand pounds and the accumulations thereof and the
annual income thenceforth to grow due for the same shall likewise sink into and become part of my
residuary personal estate if there shall be no object of the trust hereinbefore by reference declared of and concerning the same
And I hereby direct and declare that it shall be lawful for the trustees or trustee for the time being of this my Will to apply in or towards the maintenance and education or otherwise for the benefit of any infant or infants (except my said daughters Emily Martin and Anna Martin) entitled or who shall become entitled in possession to any share or interest whether absolutely vested or not under any of the preceding trusts of this my will the whole or any part of the income of such share or interest and to accumulate any unapplied surplus of such income by investments conformably to the trusts for investment hereinbefore contained in augmentation of the capital whence such income shall have proceeded and to apply in or towards the advancement in life or establishment in business of any such infant or infants (except my said daughters Emily Martin and Anna Martin) who shall be or become entitled in possession as aforesaid under any of the preceding trusts any part not exceeding one third of his her or their share estate or interest aforesaid
I bequeath the sum of five hundred pounds sterling to my executors and trustees Upon trust to invest the same in manner declared by the
general trust for investment hereinbefore contained of and concerning the said several sums of one thousand pounds, one thousand pounds,
five thousand pounds and five thousand pounds so bequeathed to my said Executors and trustees as
aforesaid and with like power of varying and transposing any such investment or investments
And Upon further trust to pay and apply the said sum of five hundred pounds and the stocks funds
and securities whereupon the same shall be invested as aforesaid and the annual income thereof in or
towards the maintenance education and bringing up and the apprenticing and placing out in the
World of all and every the child or children of my said Sister Frances the said Widow of Henry Bates
by her own said late husband at such time or times and in such parts shares and proportions and in
such manner and form in all respects as my said Sister Frances during her life time or after her
decease as the trustees or trustee for the time being of this my Will shall in their or his or her
discretion think fit and meet for the benefit and advantage of such child or children and without any
regard to equality amongst such children in the application of the said last mentioned trust fund
And I hereby direct and declare it to be my wish and intention that the whole of the said trust fund
and of the annual income thereof shall be so applied and disposed of without reference to the ability
of my said Sister to maintain educate and bring up and apprentice and place out in the world her said
children or any of them either by means of the income hereinbefore provided for her or by any other means whatsoever
I bequeath to each of my trustees and executors the said George Simmons and Thomas Martyr Wild a legacy of one hundred pounds sterling as an acknowledgement for his trouble in executing the office of trustee and executor of my Will and to be paid within six calendar months next after my decease
I give and bequeath to each of my Sons Horace Martin, Edwin Martin and Leslie Martin a legacy of
six thousand pounds sterling if and as and when they shall respectively attain the age of twenty one years
I give bequeath to or in favor of each of my children whether son or daughter hereafter to be born
and who shall be living at the time of my decease the sum of five thousand pounds
And I direct my said Executors and trustees to lay out and invest the said several sums of five
thousand pounds so bequeathed as last aforesaid in manner hereinbefore declared of
and concerning the said several sums of five thousand pounds and five thousand pounds so
bequeathed to my said Executors and Trustees in favor of my said daughters Emily Martin and Anna
Martin respectively and their respective children and issue as aforesaid and to stand possessed of and
be interested in each of such several sums of five thousand pounds lastly bequeathed as aforesaid and
the stocks funds and securities whereupon the same shall be invested as aforesaid and the interest and dividends thereof
Upon and for the same or the like trusts intents and purposes and with under and subject to the same
or the like powers, provisoes and declarations in favor or for the benefit of each of my said children
hereafter to be born and was, shall be living at the time of my decease as aforesaid and the appointee
or appointees, children and issue of each of such last mentioned children as are hereinbefore declared
of and concerning the said firstly mentioned sum of five thousand pounds and the stocks funds and
securities whereupon the same shall be invested as aforesaid and the interest and dividends thereof in favour or for the benefit of my
said daughter Emily Martin her appointee or appointees, children and issue and so that the aggregate fund to arise from each of
such last mentioned sums of five thousand pounds and the accumulations thereof and the annual
income thenceforth to grow due for the same shall likewise sink into and become part of my
residuary estate if there shall be no object of the trust hereinbefore by reference declared of and concerning the same
Provided always And I hereby direct and declare that if my residuary estate hereinafter devised and bequeathed shall be insufficient to satisfy and discharge each and every such legacy of five thousand pounds so bequeathed to or in favor of each of my said children hereafter to be born and who shall be living at the time of my decease as aforesaid as well as the said three several legacies or sums of six thousand pounds each so bequeathed to my said Sons Horace Martin, Edwin Martin and Leslie Martin respectively as aforesaid then and in such case the same three several sums of six thousand pounds shall be paid and retained preferably and in priority to all and every of the said legacies or sums of five thousand pounds so bequeathed as last aforesaid so that the same several sums of six thousand pounds and every part thereof shall be fully paid and satisfied before the same several last mentioned sums of five thousand pounds or any of them or any part thereof shall be paid or satisfied
I bequeath to my said trustees the sum of eight thousand pounds sterling to be paid
retained or appropriated by them at such of he several periods following as shall first happen (that is
to say) at such period as my said Son Leslie Martin my youngest child now living shall attain or if
living would have attained the age of fifteen years if my said wife shall be then living or at such
period as my said wife shall quit possession of Hextel [Hextall] House under the
provision hereinafter contained or at such period as my said wife shall marry again
Upon trust to invest the said sum of eight thousand pounds in manner directed by
the general trust for investment hereinbefore contained of and concerning the said several sums of
one thousand pounds, one thousand pounds, five thousand pounds and five thousand pounds so
bequeathed to my said Executors and Trustees as aforesaid and with the like powers of varying and
transposing any such investment or investments and upon further trust to pay to or otherwise
permit my said dear wife Maria Martin to receive for her own use the annual income of the said eight
thousand pounds or of the stocks funds and securities upon which the same for the time being shall
be invested during the term of her natural life if she shall so long continue my widow
And immediately after the marriage of my said Wife Upon trust during the remainder of her natural
life to pay to or otherwise permit and suffer her to receive for her own use the annual income of so
much of the said sum of eight thousand pounds or of the stocks funds and securities whereupon the
same shall be invested as aforesaid as shall be equal to five thousand pounds and the stocks funds and securities whereupon the same
shall be invested as aforesaid And the annual income thence forth to grow due for the same
In trust for all or any one or more of the children now born or hereafter to be born who shall be then
living or the issue then living of all or any of my children now born or hereinafter to be born who
shall be then dead in such proportions for such interests and generally in such manner as my said
wife whether covert or sole shall be her last Will and Testament in writing executed and attested
according to the Act for Amendment of the laws with respect to Wills direct or appoint and in default
of and subject to any appointment or appointments to be made under or by virtue of the power lastly
hereinbefore contained Then as to the said sum of Eight thousand pounds and all the accumulations
thereof and th4e annual income thenceforth to grow due for the same Upon trust to sink into and
form part of my residuary personal estate
And I hereby authorize the trustees or trustee for the time being of this my will to purchase with a portion of my residuary estate or of the income thereof for the sum of two hundred pounds sterling or any lesser Sum a certain messuage, buildings, gardens and premises adjoining to the messuage and premises called the “Bull Inn” in West Malling and belonging to Mrs. Hagger and her sons and to take a conveyance thereof to and to the use of such trustees or trustee their his or her heirs and assigns upon the same or the like trusts for sale as are hereby declared concerning my residuary real estate in order that the said messuage, buildings, garden and premises may be sold at the same time that my said real estate in the parish of West Malling aforesaid shall be sold And I direct that the money arising by sale by my said trustees or trustee of the said messuage, buildings, garden and premises shall follow the trusts hereby declared concerning the money to arise by sale of my said residuary real estate
I bequeath the use and occupation and enjoyment rent free of all that my messuage or dwelling
house called Hextel House and of the garden, buildings, land and premises adjoining thereto
and used therewith as a personal residence unto and for my said wife and my children now born or
hereafter to be born until my youngest child for the time being shall attain the age of fifteen years
Provided always that in the event of my said dear wife dying or marrying again before such
youngest child of mine for the time being attains the age of fifteen years then I direct that my son
Horace Martin immediately after such death or marriage of my said wife as aforesaid if he shall then
have attained the age of twenty one years of if not that when and so soon as he shall attain that age
provided he shall be single and unmarried shall have the option either of having exclusive possession
of the said messuage or dwellinghouse and premises until such youngest child of mine for the time
being attains the age of fifteen years or of remaining in the same messuage or dwelling house and
premises with the rest of my children now born or hereafter to be born instead of having the exclusive
possession thereof until such youngest child of mine for the time being shall attain the said age of
fifteen years upon the same terms as before my said Son Horace Martin attained his age of twenty
one years as an equivalent for the rent of the same messuage or dwellinghouse and premises except
that he shall himself pay for all his clothes and wearing apparel
but if at the time of my said dear wife dying or marrying again as aforesaid my dear Son Horace Martin shall be married then in the mean time and until such youngest child of mine for the time being shall attain the age of fifteen years as aforesaid my said Son Horace Martin shall receive and be paid by my said Executors such yearly rent or sum payable half-yearly for the same messuage or dwellinghouse and premises as shall be fixed and determined by the trustees or trustee for the time being this my Will and accepted accordingly by my said Son Horace Martin
I bequeath the Silver cup presented to me by the late Miss Frances Allchin unto my said executors and trustees Upon trust to permit the same to go and be held and enjoyed with my estate hereinafter devised called the Cage Farm so far as the rules of law and equity will admit by my Son or Sons and his or their heirs who for the time being shall be actually entitled to the said estate as an heirloom yet so that the same shall not vest absolutely in any or either of my said Sons
I bequeath the use of the residue of the plate and plates, articles and all the wines, liquors, pictures,
prints, linen, china, glass and other household furniture and effects, horses, carriages and implements
of household of which I shall die possessed unto my said dear wife Maria Martin until the youngest
for the time being of my children now born or hereafter to be born shall attain the age of fifteen
years And if my said wife shall die before the determination of the period last aforesaid then I direct
that the trustees or trustee for the time being of my said Will shall preserve and keep the several
articles and things so bequeathed to my said Wife in trust as last aforesaid until such youngest child
of mine shall attain the age of fifteen years as aforesaid
And I direct that two Inventories be made as soon as may be after my decease of the articles and
things of which the use is bequeathed to my said dear wife as last aforesaid And that my said wife do
retain one of such Inventories and that the other be retained and kept by my other two executors and
from and immediately after such youngest child of mine shall attain the age of fifteen years as
aforesaid or after the determination of the occupancy by my said dear wife of Hextel House
as aforesaid under the provision for that purpose hereinbefore contained
I give and bequeath the wine and liquors hereinbefore bequeathed for the use of my said wife or such parts thereof respectively as shall be then unconsumed unto and equally between my three Sons Horace Martin, Edwin Martin and Leslie Martin to be vested interests in them respectively at the age of twenty one years with benefit of Survivorship between my said sons in the event of either or any of them dying under the age of twenty one years
And I direct that the residue of the articles and things of which the use is so bequeathed to my said wife as last aforesaid shall immediately on such youngest child of mine for the time being attaining the age of fifteen years as aforesaid be taken and paid for by such of my said three sons as shall first attain the age of twenty one years and be then living at a valuation to be made by two indifferent persons one to be nominated and chosen by the son so first attaining the age of twenty one years and the other by the trustees or trustee for the time being of this my Will or by the Umpire of such two indifferent persons to be nominated by them in case they shall differ touching such valuation, the amount of such valuation to be paid to the trustees or trustee for the time being of this my Will and to be considered as portions of my residuary personal estate and to follow the trusts thereof
I direct my said trustees and executors unless otherwise directed by this my Will to deliver the several specific legacies hereby bequeathed within one calendar month and to pay or retain the several money legacies hereby bequeathed within twelve calendar months next after my decease or sooner if they shall think fit
I give devise and bequeath unto my said Executors and Trustees their heirs executors administrators and assigns respectively
Firstly All that my said messuage or tenement called Hextel House in which I now reside
with the buildings, gardens and premises thereto belonging or therewith used and enjoyed And all
those my farms, lands, hereditaments and premises called the Hextel Farm and the Pond
Farm situate lying and being in the several Parishes of East Peckham, Hadlow and Nettlestead some
or one of them in the said County of Kent and containing altogether according to my map thereof one
hundred and thirty four acres, two roods and four perches or thereabouts more or less
And also all those lands situate lying and being in the said parish of East Peckham purchased by me
of Oliver Luck in or about the year one thousand eight hundred and forty one and containing
altogether according to my map thereof twenty two acres, two roods and seven perches or thereabouts more or less
And also all that my meadow called the War Meadow situate lying and being in the parish of Hadlow aforesaid purchased by me in or about
the year on thousand eight hundred and thirty nine of the assignees of the said Henry Bates and containing according to my map
thereof Six acres or thereabouts more or less
And also that and there the farm lands, hereditaments and premises called “Abblested Farm”situate
lying and being in the several parishes of East Peckham and Hadlow aforesaid and Tudely or
some or one of them in the said County of Kent and now in the occupation of my said brother
William Martin containing altogether according to my map thereof one hundred and seventy seven
acres, three roods and twenty four perches or thereabouts more or less
And also all those pieces or parcels of land called Brooks Meads situate lying and being in Parish of Capel in the said County of
Kent and purchased of Mr. John Brooks in or about the year one thousand eight hundred and twenty
containing altogether according to my map thereof nine acres, one rood and eight perches or thereabouts more or less
And also all those several Great or Rectorial Commuted Tithe Rent Charges belonging to me charged
upon and coming out of certain lands in the Parish of Hadlow aforesaid called The Hadlow Stair
Tithe Ward and amounting altogether to the aggregate annual sum of four hundred and thirty pounds
And also all my messuages, tenements and cottages with the gardens, buildings and premises thereto belonging or therewith used situate
in the said parishes of East Peckham and Nettlestead aforesaid or either of them
And Secondly All that messuage or tenement, buildings, farm lands and premises situate, lying and
being in the several parishes of Hadlow aforesaid and Tonbridge or one of them in the said County of
Kent called the Cage Farm and containing altogether according to my Map thereof Three hundred
and seventy five acres, three roods and thirty six perches or thereabouts more or less
And all that messuage or tenement called Three Elm House with the buildings, farm lands, hereditaments and
premises called Lowlands Farm situate lying and being in the several parishes of Hadlow and Tonbridge aforesaid or one of them and
containing altogether according to my map thereof forty eight acres and twenty three perches or thereabouts more or less
And also all that and those the farm lands, hereditaments and premises situate lying and being in the
said premises of Hadlow and Tonbridge aforesaid or one of them and called the High Ham Farm and containing altogether according to
my map thereof thirty four acres, one rood and two perches or thereabouts more or less
And also all those the messuage or tenement, buildings, farm lands, hereditaments and premises situate, lying and being in the said
parishes of Hadlow and Tonbridge called Starve Crow Farm and containing altogether according to my map thereof
ninety two acres, three roods and thirty three perches or thereabouts more or less
And also those Great or Rectorial Commuted Tithe Rent Charges belonging to me and charged upon
and issuing out of certain lands in the said Parish of Tonbridge and amounting altogether to the
aggregate annual sum of twenty pounds, fifteen shillings
And also all my messuages, tenements and cottages with the gardens, buildings and premises thereto belonging or
therewith used situate in the several parishes of Hadlow and Tonbridge or one of them
And thirdly All that and those the messuage or tenement, buildings, farm lands, hereditaments and
premises situate, lying and being in the parish of Tudely aforesaid and called Reads Farm and
containing altogether according to my map thereof one hundred and six acres and nineteen perches or thereabouts more or less
And also all that and those the messuage or tenement, buildings, farm lands and hereditaments situate, lying and being in the Parish of
Capel aforesaid and called Shernden Farm and containing altogether according to my map thereof eighty two acres, three
roods and twenty perches or thereabouts more or less
And also all that and those the farm lands, hereditaments and premises also situate lying and being
in the said parish of Capel and called Little Shernden Farm purchased of Samuel Pearson in or
about the year one thousand eight hundred and forty and containing altogether according to my map
thereof twenty acres and thirty eight perches or thereabouts more or less
And also all that and those the messuage or tenement, buildings, farm lands, hereditaments and premises situate, lying and
being in the said parishes of Tudely and Capel or one of them and called Tudely Hale Farm and containing altogether according to
my map thereof ninety three acres and three perches or thereabouts more or less
And also all that and those the messuage or tenement, buildings, farm lands, hereditaments and
premises situate, lying and being in the parish of Capel aforesaid and called Little Hale Farm and
containing altogether according to my map thereof thirty seven acres and thirty perches or thereabouts more or less
And also all that small piece or parcel of land or orchard ground situate, lying and being, adjoining to the said Little Hale Farm and
purchased by me of Mr. George Thomas Langridge and his family in or about the year one thousand eight hundred and forty one
and containing three roods and fifteen perches or thereabouts more or less
And also all those two pieces or parcels of meadow land, land tax redeemed situate, lying and
being in the Parish of Capel aforesaid purchased by me of Mr. James Alexander in or about the
month of April one thousand eight hundred and forty eight one of which said two pieces or parcels of
meadow land is called the Acre Plat and contains one acre and nine perches or thereabouts more or
less and the other of the said two pieces of parcels or meadow land is or was part or portion of a piece
or parcel of meadow land called Capel Common Mead and contained one acre, one rood and six perches or thereabout more or less
And also all that and those the messuages or tenements, buildings, farm lands, woods and
plantations, hereditaments and premises, situate, lying and being in the said several parishes of
Tudely and Pembury or one of them in the said County of Kent and called by me by the names of
the Wood Farm and Wood Plantations and containing according to my map thereof ninety four
acres, two roods and seven perches or thereabouts more or less
And also all that piece or parcel of land situate, lying and being in the parish of Tudely aforesaid and called part of Prawls?
Farm and by me purchased of Messrs. Young & Bowles in or about the year one
thousand eight hundred and forty nine and containing altogether according to the Parish Map of
Tudely aforesaid three acres, three roods and eleven perches or thereabout more or less
And also all that piece or parcel of land situate lying and being in the Parish of Brenchley in the said
County of Kent and called Grottenden and purchased of Mr. Jeffery Farmer in or about the year
one thousand eight hundred and forty two and containing two acres and two roods or thereabouts more or less
And also all that and those the farm lands, hereditaments and premises situate in the parish of Tudely aforesaid and Wateringbury or one
of them in the said County of Kent and called the Brook Farm and containing altogether nine acres, three roods and twenty five perches or
thereabouts more or less
And also all that messuage or tenement with the buildings and premises thereto belonging or
therewith used and enjoyed situate and being in the Town of Hastings in the County of Sussex and
being No. 91 in the High Street of that Town and now in the occupation of Miss Bishop
And also all this Great or Rectorial commuted Tithe rent Charges belonging to me and charged upon and issuing
out of certain lands in the parish of Capel aforesaid and amounting altogether to the annual aggregate sum of twenty pounds
And also all this Great or Rectorial commuted tithe rent charges belonging to me and charged upon
and issuing out of certain lands in the Parish of Tudely aforesaid and amounting altogether to the annual aggregated sum of ten pounds
And also all my messuages or tenements and cottages with the gardens, buildings and premises thereto belonging or therewith used situate in the
several parishes of Tudely, Capel, Brenchley and Pembury aforesaid or any or either of them To hold
the said several messuages or dwellinghouses, pieces or parcels of land, tithes, rent charges and
hereditaments so devised and bequeathed to my said executors and trustees as last aforesaid subject
as to the said messuage and premises called Hextel House with their appurtenances to
such bequest and directions as are hereinbefore contained of and concerning the same
Unto and to the use of my said executors and trustees their heirs, executors, administrators and
assigns respectively according to the nature and quality thereof respectively for all my estate and
interest therein respectively But upon and for the several trusts and purposes hereinafter declared of
and concerning the same respectively, that is to say
Upon trust to receive the rents, issues and profits of the same several hereditaments and tenements firstly, secondly and thirdly hereinbefore described as aforesaid or of such several parts thereof as aforesaid from the time of my decease until my said three sons Horace Martin, Edwin Martin and Leslie Martin shall respectively become entitled to the same several hereditaments or such several parts thereof as aforesaid or to any share thereof under the trusts hereinafter contained thereof respectively and to add the rents, issues and profits so to be received as aforesaid when and as the same shall be received to my said residuary estate so as to be deemed and considered as part thereof
And as to such of the same several hereditaments as are firstly hereinbefore described to stand
possessed of and be interested therein subject as aforesaid Upon trust for my said son Horace
Martin his heirs executors administrators and assigns absolutely if and as and when he shall attain the age of twenty one years
and in case the said Horace Martin shall die under that age Then as to the same hereditaments
In trust for the said Edwin Martin and Leslie Martin if and as and when they respectively attain the
age of twenty one years in equal moieties as tenants in common their respective heirs executors administrators and assigns
and in case either of them the said Edwin Martin and Leslie Martin shall
die under the age of twenty one years then as to the entirety of the same hereditaments In trust for
the other of them the said Edwin Martin and Leslie Martin his heirs executors administrators and assigns
And as to such of the said several hereditaments as are secondly hereinbefore described to stand
possessed of and be interested in therein subject as foresaid Upon trust for my said son Edwin
Martin his heirs executors administrators and assigns absolutely if and as and when he shall attain the age of twenty one years
And in case the said Edwin Martin shall die under that age Then as to the same hereditaments In trust for the said Horace Martin and
Leslie Martin if and as and when they shall respectively attain the age of twenty one years in equal moieties as tenants in common their
respective heirs executors administrators and assigns
and in case either of them the said Horace Martin and Leslie Martin shall die under the age of twenty one years then as to the same
hereditaments In trust for the other of them the said Horace Martin and Leslie Martin his heirs executors administrators and assigns
And as to such of the said several hereditaments as are thirdly hereinbefore described to stand
possessed of and be interested therein subject as aforesaid Upon trust for my said Son Leslie Martin
his heirs executors administrators and assigns absolutely if and as and when he shall attain the age of twenty one years
and in case the said Leslie Martin shall die under that age then as to the same hereditaments In trust for the said Horace Martin and
Edwin Martin if and as and when the shall respectively attain the age of twenty one years in equal shares as tenants in common and their
respective heirs executors administrators and assigns
and in case either of them the said Horace Martin and Edwin Martin shall die under the age of twenty one years that as to the entirety of
the said hereditaments In trust for the other of them the said Horace Martin and Edwin Martin his heirs executors administrators and assigns
And I direct and empower the trustees or trustee for the time being of this my will to carry on as I am
now carrying on the farming business in the said farm called the Cage Farm until my said son
Edwin Martin shall attain the age of twenty one years or in the event of his decease under that age
until the eleventh day of October next after the other or the two other of my said three sons shall be
absolutely entitled to the said farm and for that purpose to employ and pay agents, bailiffs and
servants and to employ my live and dead agricultural stock of or belonging to the said Cage Farm
at the time of my decease and such part of my personal estate as my said trustees or trustee for the time being shall think fit
And I declare and direct that the profit which from time to time may arise from so carrying on the
said farming business shall become and belong to and form part of my said residuary personal estate
and follow the trusts thereof and that any loss which from time to time may arise from so carrying on
the said farming business shall be borne and paid by and I do hereby charge the same upon my said residuary personal estate
And I direct and declare that if my said son Edwin Martin or any one of my said sons shall become absolutely entitled under the trusts hereinbefore contained to the entirety of the said farm, lands, hereditaments and premises called the Cage Farm the said Edwin Martin shall on his becoming so entitled or such one of my other sons if he shall become so entitled shall on the eleventh day of October next after his becoming so entitled have delivered to him and take for his own use absolutely all and singular the Hop poles, agricultural implements, dung, manure, underwood, crops and effects then being thereon except the crop of hops and corn grown or growing in the year in which he shall become so entitled as aforesaid but should two of my sons become entitled to the said farm in moieties the said hope poles, agricultural implements, dung, manure, underwood, crops and effects then being and the crop of hops and corn grown or growing thereon shall be or remain portion of my residuary personal estate
Provided always And I hereby declare and direct that my said brother William Martin shall if he shall so long live and desire so to do continue tenant of the farm lands and premises called the Addlested Farm now in his own occupation and comprized in the real estates firstly hereinbefore described in the last mentioned devise of real estate until the eleventh day of October one thousand eight hundred and fifty four at and under the yearly rent of one hundred and eighty pounds payable half-yearly on the sixth day of April and the eleventh day of October in every (year) free and clear of and from all rates, tithes, rents, taxes and other deductions whatsoever save only landlords proper tax
I empower the trustees and trustee for the time being of this my Will to grant leases of all or any part
or parts of the hereditaments so devised and bequeathed to my said Executors and trustees as
aforesaid for any term or terms of years not exceeding seven years in possession at the best rent or
rents to be incident to the immediate reversion without taking any fine or premium subject
nevertheless to such tenancy of my said Brother William Martin as aforesaid
And also subject to such bequest and direction as is hereinbefore contained of the said messuage and
premises called Hextel House with the appurtenances and the said farm called the Cage Farm and to and in such manner that every lease to
be so granted shall expire and be at an end of the eleventh day of October next after my said three sons respectively or any or either of
them shall become absolutely entitled to the premises comprized therein or to a moiety thereof under the trusts
hereinbefore contained thereof
I devise and bequeath unto and to the use of my said trustees The Residue of all the real and personal
estate to which I shall be entitled at my decease Upon the trusts and subject to the declarations
following namely Upon trust to sell and convert into money my said trust estates or such part
thereof as shall be of a saleable or convertible nature and to get in the other parts thereof with full
discretionary power to sell by public auction or private contract or in parcels subject to such terms
and conditions as to the title or the evidence of title or the time or mode of payment of the purchase
money or indemnity against or apportionment of incumbrances or as to any other matters
relating to the sale as my said trustees shall judge expedient
Also, to fix reserved biddings and buy in property offered for sale and vacate or vary contracts for
sale and to resell without liability to answer for any consequential loss and generally to effect the sale
and conversion of my said trust estates on such terms and in such manner as they shall deem most
advantageous also full discretionary powers to suspend for such period as my said trustees shall
judge expedient the sale conversion or getting in of my said trust estates or any part or parts thereof respectively
Also full discretionary power during the suspence of the sale conversion or getting in of my said
trust estates respectively to manage and order all the affairs thereof as regards letting, occupation,
cultivation, repairs, insurance against fire, receipt of rents, indulgences and allowances and all other
matters but so that no lease shall be made otherwise than from year to year of for a term not
exceeding seven years in possession at the most improved rent without fine or premium and in the
execution of this power of letting to grant building, repairing, improving or other leases for such term
or terms at such rent or rents and generally on such conditions as my said trustees shall deem
advantageous either taking or not taking fines or premiums which if taken shall be considered as sale
moneys for the purposes of the trusts hereinafter contained Also full discretionary power to employ
receivers, bailiffs, accountants, agents and others in or about the affairs of my said trust estates with
such salaries and remunerations as my said trustees shall think reasonable
And I declare that for the purposes of enjoyment and transmission under the trusts hereinafter
contained my said trust estates shall be considered as money from the time of my decease and the
rents dividends interest and other yearly produce thereof respectively to accrue due after my decease
and until the actual sale, conversion and getting in thereof shall be deemed the annual income thereof
applicable as such for the purposes of the said trusts without regard to the amount of such income or
the nature of the investment or investments yielding the same
And as to the moneys to arise from the sale, conversion and getting in of my said trust estates Upon
trust thereout in the first place to pay or retain all the expences incident to the execution of the
preceding trusts and powers Also my debts and my funeral and testamentary expences and in the
next place to pay retain or set apart and appropriate the pecuniary legacies hereinbefore bequeathed
as aforesaid And upon further trust to invest the ultimate surplus of the said trust moneys in the
names of my said trustees in or upon permanent public stocks, funds and securities of the United
Kingdom or on the security of a mortgage or mortgages of any freehold, copyhold or leasehold
estates in England and not elsewhere and from time to time in the discretion of my said trustees to
vary and transpose the investment or investments from time to time for any other investment or investments of the preceding description
And upon further trust out of the annual income of my said residuary estate and of the stocks, funds
and securities whereupon the same shall be invested as aforesaid until my said son Leslie Martin the
youngest of my children now born shall attain or if living would have attained the age of fifteen years
to permit and empower my said wife if she shall so long live to receive or if not to pay and apply such
annual sum of money as may be sufficient for maintaining my said dear wife and such of my said
children now born or hereafter to be born as shall for the time being be under the age of twenty one
years and providing them with such of the necessaries and comforts of life as the respectively have
been in the habit off receiving and my fortune may deem to justify and for paying all the expences attaining the education of my said
children until my said son Leslie Martin shall attain or if living would have attained the age of fifteen years
And I estimate the annual sum necessary for the purposes aforesaid at eight hundred pounds but I leave the amount of the annual sum to
be applied entirely to the discretion of the trustees and trustee for the time being of this my will giving the full power and authority
to increase or diminish the amount of the annual sum so to be applied according as circumstances and their
experience may in that or his judgement and discretion seem to render advisable and proper
And upon further trust out of the annual income of my said residuary estate or of the stocks, funds or securities upon which the same shall for the time being be invested as aforesaid to pay to my dear mother half yearly during the term of her natural life such annual sum as she may require and apply for as and for her maintenance and support and upon her decease I direct and order that the trustees and trustee for the time being of my will shall pay all the costs charges and expences of her funeral out of the annual income of my said residuary estate or the stocks funds and securities on which the same for the time being shall be invested And I direct and order that my said dear mother shall unless she shall express a contrary desire be buried in the Chancel of the Parish Church of Capel in the County of Kent by the side of my late father and that her funeral shall be conducted as privately and with as little pomp and show as possible and subject as aforesaid
Upon trust to improve and accumulate at compound interest the annual income of my said residuary
estate or of the stocks funds and securities whereupon the same shall be invested as aforesaid until
my said Son Leslie Martin shall attain or if living would have attained the age of twenty one years by
repeated investments of such income from time to time when and as the same shall be received in like
manner as is hereinbefore authorized of and concerning the capital thereof and with the like power as
is declared of such capital of varying and transposing every such investment so to be made of such income as aforesaid
And as to the aggregate fund to arise from my said residuary estate and the accumulations thereof as
aforesaid and the annual income thenceforth to grow due for the same subject only as aforesaid In
trust for all or such of my said three sons Horace Martin, Edwin Martin and Leslie Martin as shall
attain the age of twenty one years when and as and as they shall respectively attain that age and if
more than one in equal shares as tenants in common their respective executors administrators and
assigns but so as not to be paid or payable to my said three sons or any of them until my said son
Leslie Martin shall attain or if living would have attained the age of twenty one years
I devise and bequeath all estates vested in me as mortgage at the time of my decease to my said trustees their heirs executors administrators and assigns according to the respective natures thereof subject to the trusts and equities affecting the same respectively
I declare that on the death, refusal or incapacity of the said trustees or any of them or of any trustees
or trustee to be appointed under this clause it shall be lawful for the capable trustees or trustee for the
time being of my Will whether refusing to act or not or for the executors or administrators of the last
deceased trustee to appoint a fit person or persons to supply the place of the deceased, refusing or
incapacitated trustee or trustees in whom alone or as the case may be jointly with any surviving or
continuing trustee or trustees my trust estate shall be vested And I declare that the previous clauses
so far as they concern my trustees hereinbefore named shall extend and be applied to the trustees or trustee for the time being of my Will
I empower the trustees or trustee for the time being of this my Will to compound or allow time for
the payment of any debt or debts due to my estate and to settle all demands against my estate and all
accounts between me and any person or persons on such terms as my said trustees or trustee shall in
their or his or her discretion think expedient and to refer any matters in difference relating to my affairs to arbitration
I empower the trustees or the trustee for the time being of this my Will to give receipts for all moneys
and effects to be paid or delivered to such trustees or trustee by virtue of my will and declare that
such receipts shall exonerate the persons taking the same from liability to see to the application or
disposition of the money or effects therein mentioned I absolve the trustees and trustee for the time
being of my Will from responsibility for the receipts and defaults of each other and for involuntary
losses And also authorize such trustees and trustee to retain and allow to each other all expences
incurred in or about the execution of the trusts of this my Will
And I revoke all former Wills
In Witness whereof I the said Thomas Martin the testator have to this my last Will and Testament
contained in twenty nine sheets of paper and to every sheet thereof set my hand the day and year first above written
Thos. Martin
Signed by the said Thomas Martin the Testator as and to be his last Will and Testament in the
presence of us together present at the same time who in his presence at his request and in the
presence of each other have hereunder subscribed our names as attesting Witnesses thereto
Thos. Selby, Silas Norton West Malling, Kent, Solicitors.
Proved at London the 7th September 1849 before the Judge by the oaths of Maria Martin Widow the
Relict, George Simmons the nephew and Thomas Marytr Wild the Executors to whom Adm[inistrati]on was granted having been first sworn by
Comon [Commission] duly to administer.
Exd.
Notes:
Thomas Martin of East Peckham was buried on 11th July 1849, aged 47 years, at St. Mary, Hadlow Kent.
He was baptised at east Peckham son of Thomas and Elizabeth Martin on 14th January 1802.
His mother, Elizabeth Martin of East Peckham, Kent was buried at St. Thomas a Beckett, Capel on 5th February 1851, aged 79 years.
Thomas Martin married Maria Blackman (of Hove, Sussex) on 17th Jan 1832, at Hove.
Christenings (all at St. Michael, East Peckham): Horace 20 Apr 1834; Edwin 3 Jun 1836; Emily 12 Sep 1839; Frederick 23 May 1841;
Anna 2 Apr 1843; Leslie 2 Jan 1848.
From: The London Gazette, Part 1, Page 820.
Pursuant to a Decree of the High Court of Chancery made in a cause Martin v Martin, the creditors
of Thomas Martin, late of Hextel House, East Peckham, in the county of Kent, Esq. deceased (who
died on the 23rd of June 1834) and the creditors of Thomas Martin (son of the above-named Thomas
Martin), also late of Hextel house aforesaid, Esq. (who died on the 3rd day of July 1849), are, either by
themselves or their Solicitors, forthwith to come in and prove their debts before William Henry
Tinney, Esq. one of the Masters of the said Court, at his chambers, in Southampton-buildings,
Chancery-lane, London, or in default thereof they will be excluded the benefit of the said Decree.
Transcribed by Shelagh Mason March 2021
Return to Kent GenealogyWill of Thomas Martin