I Give and Bequeath unto my Nephew James Bourne Judge of Ramsgate in the Isle of Thanet in the County of Kent, Gentleman and to
Sarah his Wife the Sum of two Pounds and two shillings each to buy a Mourning Ring
I Give and Bequeath into Sarah Smith late the Widow of my son Stephen Morris the sum of five Pounds of lawful Money of Great
Britain to be paid to her at the expiration of twelve Calendar Months after my decease
I Give and Bequeath ten Pounds to my Grandson Stephen Morris
and twenty five Pounds each to my four Grand Children John, Thomas, Sarah and Mary Morris, the sons and daughters of my late son James
Morris to be paid to them or laid out for their respective benefit at such time or times and in such manner as my executors
hereinafter named shall think forapex (??)
I give devise and bequeath unto my dear Wife Sarah All that my Messuage or Tenement, Farm, Lands, Hereditaments and Premises
wherein I now dwell together with the use of my Household Furniture, Plate, Linen, China, Glass and all other my Estate and Effects being
in and upon my said Farm at the time of my decease for and during the term of her natural life
I also give devise and bequeath unto my said Wife and her assigns for and during the term of her natural life one clear yearly annuity
or sum of ten pounds of like lawful money to be paid to her by four quarterly payments in the Year, that is to say, the twenty fifth day
of March; the twenty fourth day of June; the twenty ninth day of September and the twenty fifth day of December in every Year, the first
payment thereof to begin and be made on such of those days as shall first happen next after my decease
And as to for and concerning all my Messuages or Tenements, Farms, Lands, Hereditaments and Real estate whatsoever and wheresoever
(subject nevertheless to the life estate hereinbefore devised to my said Wife) with the rights members and appurtenances to the same
respectively belonging or appertaining And also all my monies and securities for money, goods and chattels, and all other my personal
estate and effects, whatsoever and wheresoever, and of what nature or kind soever the same may be or consist
I Give Devise and Bequeath the same unto my Son John Morris of the Parish of High Halden aforesaid, Potter, and my Nephew the said
James George Judge and my Grandson John Morris (son of my said son John Morris) and William Tylor their heirs, executors,
administrators and assigns To hold the same, and every part thereof respectively unto the said John Morris and James Bourne
Judge and my Grandson John Morris (the son of my said Son John Morris) and William Tylor their Heirs, Executors, Administrators and
Assigns (according to the different nature and quality of the same Estates respectively)
Upon Trust as soon as conveniently may be after my decease at the discretion of my said Trustees or the Trustees or Trustee for the time being to make sale and absolutely dispose of all my said Messages, Farms, Lands Hereditaments and real estate with the Appurtenances thereto belonging either as a.....ether and in one Lot or in parcels and several Lots and either by public Auction or private Contract or by Appraisement for the most money and best price or prices which at the time of Sale can be reasonably obtained for the same respectively and do, and shall make, execute and perfect all Contracts, Conveyances Assignments and Assurances which may be proper or necessary for completing such Sale or Sales And do and shall convert into money all my said Personal Estate which shall not consist of Money or Securities for Money and call, collect and get in all such Money as shall be out at Interest or allow the same to remain upon the same Security or in its present state of investment at the discretion of my said Trustees and Executors or the Survivor of them
And after such conversion calling, collecting and getting in or otherwise do and shall pay one equal fourth part thereof to my said son
John Morris to and for his own absolute use and benefit
and subject thereto shall and do lay out and invest the remainder of the ultimate surplus and
residue of my estates and effects in the Purchase of Parliamentary Stocks or the Public Funds of Great
Britain or at Interest on Government or real Securities and do and shall from time to time vary the
said Stocks, Funds or Securities for other Stocks, Funds or Securities of a like nature or allow the same
to remain in their present state of investment at the discretion of my Trustees and Executors or the
Survivor of them or the Trustees or Trustee for the time being and do and shall stand possessed of and interested in all
and singular the said Stocks, Funds and Securities and the Interest, Dividends and Annual Proceeds thereof respectively
Upon Trust to pay one third part thereof unto my Daughter Sarah (the Wife of Thomas Tylor of High Halden aforesaid, Farmer) and
her Assigns for and during the term of her natural life, whose receipt alone shall be a sufficient discharge for the same
And that she shall not deprive herself of the benefit thereof by sale Charge or otherwise in the way of anticipation, and from and after
her decease, then to pay such last mentioned third part unto my Son in Law the said Thomas Tylor and his Assigns during his
natural life
And after his decease then I direct my Trustees and Executors or the Survivor of them or the Trustees
or Trustee for the time being to divide the said third part of the remainder of the ultimate surplus and
residue of my said Estate unto between and equally amongst my grandchildren William, Elizabeth
and Mary the son and daughters of the said Thomas Tylor and Sarah his Wife their Executors,
Administrators and Assigns to and for their respective absolute use and benefit, the same to be a
vested Interest in them respectively on attaining their respective ages of twenty one Years
And do and shall out of the Dividends, Interest and annual proceeds of one other third part of the remainder of the ultimate surplus and
residue of my said estate pay one annuity or annual sum of five Pounds unto Susannah Morris, the Widow of my late son James
Morris during the term of her natural life (if she shall remain a Widow but not otherwise), the same
to be payable half yearly and subject thereto, shall and do pay or apply the Interest, Dividends and
annual Proceeds of the said third part unto or for the benefit of my Grand Children of my said late
son James until they shall severally attain the age of twenty one Years, the shares of such Children
respectively to be appropriated in such manner as my Trustees and Executors or the Trustees or
Trustee for the time being shall think proper
And when and as the said Children shall respectively attain the age of twenty one Years then do and
shall pay, assign or transfer the said last mentioned third part of the remainder of the
ultimate surplus and residue of my said estate (without prejudice to the setting apart and keeping
invested a sufficient sum to secure the said Annuity of five Pounds to the said Susannah Morris
during her Widowhood), unto, between and equally amongst all and every such Children, their
Executors, Administrators and Assigns to and for their respective absolute use and benefit
And do and shall pay or apply the Dividends Interest and annual Proceeds of the remaining third part of the remainder of the ultimate surplus and residue of my said Estate unto and equally amongst & for the benefit of my Grand Daughters Elizabeth, Mary, Sarah and Jane Burch the Children of my late Daughter Mary until they shall respectively attain the age of twenty one Years and when and as they shall severally attain that age do and shall pay, divide, assign transpose, make over the said last mentioned third part between and equally amongst the said four Children of my late Daughter Mary, their executors, administrators and assigns, to and for their respective absolute use and benefit
Provided nevertheless and my Will is that in or upon the division of my Estate, the sum of one
thousand, one hundred and ninety pounds (which I have heretofore advanced and given to or for the benefit of some of my Children or their
Securities) shall be added to the amount of the ultimate surplus and residue of my estate and effects and that my said son John Morris
shall receive one equal fourth part of such gross amount including that sum and that the sum of eight hundred pounds shall be deducted
from the share (of such gross amount) intended for the benefit of my Daughter Sarah Tylor and her Children
And that the sum of three hundred pounds shall be deducted from the share (of such gross amount) intended for the benefit of the Children
of my said late Son James Morris; and that the Sum of Ninety Pounds shall be deducted from the share (of such gross amount)
intended for the benefit of the Children of my said late Daughter Mary Burch
Provided always nevertheless and it is my Will and desire and I do hereby direct that in case my said Trustees or the survivor of them or the Trustees or Trustee for the time being shall deem it inexpedient immediately after to my decease to sell and dispose of the estate hereinbefore given, devised and bequeathed In Trust that they or he do and shall stand seized thereof Upon Trust to collect and get in the rents interests issues and profits thereof and after deducting all necessary charges and expences to pay and apply the same in a similar manner to all intents and purposes as I have hereinbefore directed with respect to the Dividends and annual Proceeds of the said Stocks, Funds or Securities so to be invested as aforesaid in the mean time And until they or he shall deem it beneficial or expedient to proceed to such sale or sales and when and so soon as they or he shall deem it beneficial or expedient to proceed to such sale or sale, I direct that the same estates respectively shall remain and be upon the Trusts hereinbefore mentioned
But nevertheless my will is that such non-sale shall not prevent a division and payment of any shares under this my Will which would otherwise be payable But an order to ascertain the amount of such shares as may be payable, such part of my real Estate as shall not be sold shall be valued by an experienced surveyor to be chosen by the Trustees of Trustee for the time being acting under this my Will and his Valuation thereof shall be deemed binding and conclusive as to the correct values of such part of my Property for the purposes of such division
Provided also and notwithstanding any thing hereinbefore contained to the contrary my Will is that
if my said son John Morris shall be minded or desirous of purchasing my Messuage, Farm and Lands
situate in High Halden aforesaid called Oliver or Duxbury Land and shall signify the same to his
Co-Executor or Co-Trustee by a Note in Writing under his hand within six Calendar Months after my
decease, he shall be at liberty to do so upon the same being first valued or appraised by some
respectable Surveyor to be named by my said Trustees or the Trustees or Trustee for the time being
And I direct that the sum of twenty Pounds shall be deducted from the amount at which the last mentioned Messuages, Farm and Lands shall
be so valued or appraised And after such deduction the balance shall be the price my said son John Morris shall pay for the same
And further that in case my said Son John Morris shall be desirous to purchase any other part of my said real estate and shall signify such his desire to his Co-Executor or Trustees before the same shall be sold or agreed to be sold to any other Person or Persons he my said son John Morris shall have the option and liberty of purchasing the same or any part or parts thereof at the amount at which the same shall be valued by two experienced and respectable surveyors, one to be chosen by my said son John and the other by his Co-Trustee acting under this my Will, and if they cannot agree by such third person as the said two surveyors mutually fix upon
And I declare that the receipt or receipts of my said Trustees and Executors or the Trustees or Trustee for the time being for any money payable to him or them or either of them under this my Will shall effectually discharge the person or persons to whom the same shall be respectively given from being obliged to see to the application or from being answerable for the misapplication or nonapplication of the Money therein respectively mentioned to be received
And that upon such Purchase or Purchases by my said son John the other Trustees or Trustee for the time being under this my Will shall as to such Sale or Sales and for such purpose be deemed the sole Trustees or Trustee under this my Will and their or his receipt or receipts alone for the Purchase Money shall from time to time be a good discharge to my said son John his Heirs Executors and Administrators for the Purchase Money or so much as in such receipt or receipts shall be acknowledged to be received
And that as often as any of my first or future Trustees shall die or desire to be discharged from or
refuse or decline or become incapable to act in the trusts hereby in them reposed as aforesaid before
the said trusts shall be fully executed I empower then then surviving or continuing Trustee or
Trustees or the executors or administrators of the last surviving or continuing Trustee by any Deed or
Deeds by them him or her sealed and delivered in the presence of and attested by two Credible
Witnesses to appoint any new Trustee or Trustees in the place of the Trustee or Trustees so dying or
desiring to be discharged or refusing declining or becoming incapable to act as aforesaid
And upon the appointment of every such new Trustee all the trust estates monies and Premises then
subject to the trusts aforesaid shall be thereupon with all convenient speed legally and effectually
vested in such new Trustee or Trustees either solely or jointly with the surviving or continuing
Trustee or Trustees as occasion shall require upon the trusts hereinbefore declared concerning the
same and then subsisting and capable of taking effect and every such new Trustee shall have all the
Powers and Authorities of the Trustee in whose room he shall be substituted
And I lastly declare that the said several first and future Trustees and every of them and the heirs
executors administrators and assigns of them and every of them shall be chargeable respectively for
such Monies only as they respectively shall actually receive by virtue of the trusts hereby in them
reposed notwithstanding their or any of their joining in giving any receipt or receipts for conformitys sake
And any one or more of them shall not be answerable for the other or others of them or ... [entire line
hidden by fold] ... which shall come to their respective hands by virtue of the trusts aforesaid, retain to
and reimburse themselves respectively and also allow to their Co-Trustee or Co-Trustees all damages
and expences which they or any of them may sustain disburse or be put unto in the Execution of the
aforesaid Trusts or in relation thereunto
And Lastly I do hereby nominate constitute and appoint my said son John Morris and the said James Bourne Judge and my said Grandsons John Morris and William Tylor joint Executors of this my Will and Guardians of the Persons and Property of all my said Grand Children during their respective minorities and I do hereby revoke all former and other Will and Wills by me at any time heretofore made
In Witness whereof I the said John Morris the Testator have to this my last Will and Testament
contained in five sheets of Paper set my hand and seal, that is to say, my hand to the first four sheets
and my hand and seal to this last sheet this eleventh day of March in the Year of our Lord one thousand eight hundred and thirty one
John Morris
Signed sealed published and declared by the said John Morris the Testator as and for his last Will
and Testament in the presence of us, who at his request, in his presence and in the presence of each
other have hereunto subscribed our names as Witnesses thereto Thirty two words in the first sheet,
six words in the fourth sheet and ten words in this last sheet having been first interlined
Samuel Noakes, farmer, High Halden; James Noakes, farmer on Halden, Jos. Munn, Solicitor, Tenterden, Kent
Probate April 11th 1838
John Morris of High Halden Yeoman the Son; James Bourn Judge of Ramsgate, Gentleman, the
Nephew and John Morris the Younger of Biddenden, Schoolmaster, Grandson of the deceased, the
surviving Executors named in this Will, were duly sworn as usual and that the Goods, Chattels and
Credits do not amount in Value to the Sum of Eight hundred Pounds
In Chancery: Between Elizabeth Morris Tyler and others, Complainants; John Morris and others, Defendants
December 30th 1843
At the Execution of a Commission In the Examination of Witnesses in this Cause this paper writing was produced and shewn to Joseph Munns
a Witness herein and examined and by him deposed unto at the time of his examination on the Complainants behalf
Before us: W. P. Beecham; Stephen Walker
December 30th 1843
At the Execution of a Commission for the Examination of Witnesses in the above mentioned cause this paper writing was produced and shewn
to Samuel Noakes Witness herein and examined and by them severally deposed unto at the time of their respective examinations on the
Complainants behalf
Before me: John Metcalfe, Surrogate
Testator died 15th October 1837.
Transcribed by Shelagh Mason 27th June 2021
Return to Kent GenealogyWill of John Morris