Will of Nicholas Marten

of East Farleigh, Kent

I appoint Gabriel Kennard of East Farleigh aforesaid Yeoman and Thomas Gilbert of Marden in the County of Kent Yeoman to be Trustees and Executors of this my Will

I bequeath the following Legacies
To Harriet the daughter of the said Thomas Gilbert five pounds
To Susan Baily the daughter of the late William Williams of Marden aforesaid Butcher five pounds
To my daughter Frances the Wife of John Springett Twenty pounds for her separate use;
To my grandson John Springett five pounds;
To my grandson Cornelius Springett five pounds;
To my grandson Samuel Springett five pounds;
To my grandson Charles Springett five pounds;
To my granddaughter Frances Springett five pounds;
To my granddaughter Mary Springett five pounds
I direct that all the foregoing Legacies shall be paid at the expiration of one year from my decease except as to such of the Legatees as shall then be minors, who shall respectively be paid without interest on their attaining the age of twenty one years

I give and forgive unto each of my grandchildren all debts and sums of money (if any) which at the time of my decease shall be due from them any or either of them to me whether I shall hold any Securities for the same or not (Except the debt due to me by my Grandson George Springett which shall be due and payable notwithstanding anything in this my Will contained

I give to each of my Executors the Sum of ten pounds as an acknowledgement for the trouble of executing my Will to be retained immediately after they shall respectively prove my Will
I give all real and personal Estate vested in me as Trustee or Mortgagee unto my said Trustees upon such trusts and subject to such Equities as shall be subsisting therein respectively

I devise all that my share and interest of and in the freehold messuage tenement or Inn and premises now or lately called “The Spotted Horse” and the cottages and buildings in the rear thereof situate opposite the Eastern Counties Railway Station, Holywell Street in the Parish of St. Leonard Shoreditch in the County of Middlesex and also all that my share and interest of in and to certain Copyhold premises being No. 60 in the same Street and now or late in the occupation of Edward Mitchell And all other the real Estate to which I shall be entitled at my decease (except estates vested in me as Trustee or Mortgagee) And I bequeath the residue of the personal Estate to which I shall be then entitled
unto and to the use of my said Trustees Gabriel Kennard and Thomas Gilbert their heirs, executors, administrators and assigns respectively Upon trust
to sell my said real Estate and so much of my said residuary personal Estate as shall be of a saleable nature together or in parcels by Public Auction or Private Contract (with liberty to make any special or other conditions as to the title or evidence of title or otherwise and to buy in the premises at any Sale by Auction and to rescind either on terms of gratuitously any Contract for Sale and to resell without being answerable for any loss) and to execute such instruments and assurances as shall be requisite for effecting and completing the Sale of my said estates and to get in the rest of my residuary personal estate and to dispose of the net monies to arise from such real and residuary personal Estate (after payment thereout of my just debts and funeral and Testamentary expences and legacies and the expences incident to the execution of the preceding trust) according to the trusts hereinafter declared concerning the same

Nevertheless I give to my said Trustees discretionary authority to postpone for such period as to them shall seem expedient the Sale of all or any part of my freehold , Copyhold and real estate and the getting in, Sale or Conversion of such parts of my residuary personal estate as shall consist of Stocks, funds, Securities, shares in societies companies or institutions or other pecuniary investments of any description whatsoever whether Foreign or British, real or personal, permanent or determinable And also to let from year to year or for any term not exceeding ten years in possession at the best rent and to insure, repair and manage at their discretion the unsold real estate
But I declare that from the time of my decease the unsold real estate and outstanding personal estate shall be subject to the trusts hereinafter declared concerning the said net monies and the rents interest and yearly produce thereof shall be deemed annual income for the purposes of the same trusts and such real estate shall be transmissable as personal estate and be considered as converted into Equity

I direct my said Trustees to stand possessed of the net moneys to arise as aforesaid Upon trust to pay the income thereof unto the proper hands of my daughter Frances the wife of John Springett during her life for her separate use free from the control debts and engagements of her present or any future husband and so that she shall have no power to alien or anticipate the growing payments thereof and for which income her receipt alone notwithstanding coverture shall be good discharges to my said trustees and on her death then as well the capital as the future income thereof In trust for all or one or more of the children and issue of my said daughter (and other issue to be born in her lifetime) and in such Shares and proportions as she by her Will or any Codicil or Codicils thereto shall (notwithstanding her coverture) appoint

And in default of such appointment and so far as any such appointment if incomplete shall not extend In trust for such Child or Children of my said daughter then living and such issue then living of any child or children of my said daughter then deceased as shall have attained the age of twenty one years or be or have been married or shall attain that age or marry if more than one as tenants in common in a course of distribution according to the stocks and not to the number of individual objects and so that the issue of a deceased child shall take by way of substitution the share only which the Parent would have taken

But notwithstanding the limitations hereinbefore contained I empower my said daughter by her Will to appoint to or in favor of her present husband the income of my said residuary trust estate or any part thereof for his life
And I empower my Trustees after the death of my said daughter to apply the whole or any part of the income of the contingent shares of the respective children and issue aforesaid in or towards their maintenance or otherwise for their respective benefit without regard to the ability of their respective parents (if any) to provide for them
And I direct such Trustees to accummulate the unapplied income and add the accummulations to the Capital of the respective shares whence the same shall have arisen

And in case there shall be no child or issue of a child who shall acquire a vested interest or vested interests in the said residuary estate under the bequests aforesaid then I give and bequeath the same unto the person or persons who for the time being would be entitled to the same under the Statutes for the distribution of Intestates estates if I had died intestate

I empower my said Trustees at any time of from time to time to sell and dispose of any stocks, funds or securities whereon any of my trust moneys for the time being shall or may happen to be invested and to invest the money to arise from such Sale in any other of the Stocks or Funds or any other Government Securities of the United Kingdom or on Mortgage of freehold Estates in England or Wales and to vary or transfer the same as occasion shall require or as shall be thought fit I declare that the receipts of my said Trustees to purchasers and others for moneys paid to my said Trustees shall be sufficient discharges for the same and from all liability to see to the application thereof

I direct that my Trustees shall have power at their discretion to settle my Accounts and wind up my affairs and in so doing to make such arrangements relative to debts or demands due or claimed to be due to or from my estate as they or he shall judge expedient with liberty to accept compositions or securities from and grant indulgencies to debtors and wholly to release property mortgaged or pledged on part payment of the money secured and to admit the claims of Creditors on evidence not strictly legal and to pay demands which have become barred by any Statutory or other limitation and also to submit questions and accounts to arbitration

And in case my said Trustees or either of them shall die in my lifetime or shall on my decease renounce the trusts of my Will or in case any Trustee for the time being of my Will shall die or become unwilling or incapable to act or shall cease to reside in England then I empower my said daughter during her life and after her death then the surviving or continuing Trustee or in default of any such then the retiring Trustee or the executors of administrators of the last deceased Trustee as the case may be by any writing to nominate a new Trustee or new Trustees for the purpose of filling such vacancy or vacancies and such new Trustee or new Trustees shall have the same powers in all respects as the Trustees hereby appointed

I direct that my Trustees may deduct and actually allow each to the other all his disbursements and expences incident to the execution of my Will and shall be responsible each for his own acts and defaults only and irresponsible for losses occurring without his wilful neglect or default and shall be indemnified with or out of my trust property against all liabilities consequential on the execution of my Will And I declare that the previous clauses so far as they concern my Trustees hereinbefore named shall extend and apply to the Trustees and Trustee for the time being of my Will

And Lastly I revoke all former Wills and Codicils
In Witness whereof I the said Nicholas Marten the Testator have hereunto set my hand and I have also set my hand to each of the four preceding sheets of this my last Will and Testament this fourteenth day of December in the year of our Lord One thousand eight hundred and fifty
The X mark of Nicholas Marten

Signed by the said Nicholas Marten the Testator as his last Will and Testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have subscribed our names as witnesses
Jno. Monckton, Solicitor, Maidstone - Henry Hay, Appraiser, Maidstone

Proved at London the 17th August 1854 before the Worshipful James Parker Deane, Doctor of Laws and Surrogate by the Oaths of Gabriel Kennard and Thomas Gilbert the Executors to whom Adm[inistrati]on was granted, having been first sworn duly to administer.
Exd.

Transcribed by Shelagh Mason 20th- 21st March 2021

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