Sladden Will 1855

Will of Joseph Sladen

of Lee, Kent


Source: Prerogative Court of Canterbury PROB 11/2218/372
Submitted by Neil Sladden
This is the Last Will and Testament of me Joseph Sladen of Lee in the County of Kent Esquire
First I humbly commend my Soul to the mercy of Almighty God hoping for forgiveness of all my sins and misdoings through the merits and mediation of my blessed Lord and Saviour Jesus Christ My body I commit to the earth and request it may be buried in a plain and decent manner at Lee in the same vault with the remains of my late lamented Wife and youngest daughter And as to all my worldly estate with which it hath pleased the Almighty to bless me I dispose thereof as follows videlict

In the first place I direct all my just debts funeral and testamentary expences to be fully paid and satisfied by my Executors hereinafter named with all convenient speed after my decease out of my personal estate

I give and devise all that my Manor or reputed Manor of Swanton in the County of Kent and also all those my messuages lands tenements and hereditaments in the Parishes of Lydden, Wootton, Swingfield and Alkham in the said County of Kent or any other Parish or place near or adjoining thereto with the rights, royalties, members and appurtenances thereto belonging purchased by me of and from Mr. William Taylor
And also those several pieces or parcels of Woodland situate and being in the said Parishes of Lydden Wootton and Swingfield with the appurtenances purchased by me of and from Mr. William Knocker
And also all those several pieces or parcels of fresh Marsh land hereditaments and premises situate and being in the several Parishes of Ivy Church, Hope All Saints and New Romney some or one of them in the County of Kent with their and every of their appurtenances which I purchased of and from Mr. Joseph Harvey, surviving devisee In trust under the last Will and Testament of Mr. Robert Harvey formerly of Folkestone deceased and conveyed to me by certain Indentures of Lease and Release bearing date respectively on or about the fifteenth and sixteenth days of October one thousand eight hundred and thirty nine
And also all that field piece or parcel of meadow or pasture land or ground situate at Lee in the County of Kent purchased by me of and from Sir Thomas Baring Baronet
And also all those two Cottages situate in Lee aforesaid with the garden, ground, outbuildings and appurtenances and adjoining to the aforesaid field likewise purchased by me of and from the said Sir Thomas Baring and now in the occupation of Mr. George Miles and Mr. William Leith or their Undertenants
And also a certain messuage or dwellinghouse, outbuildings, hereditaments and premises and certain pieces or parcels of land and ground situate and being at Lee aforesaid and which were respectively conveyed to me by certain Indentures of Lease and Release bearing date respectively on or about the sixteenth and seventeenth days of May one thousand eight hundred and thirty eight and which said messuage or dwelling house with the outbuildings, yard and garden occupied therewith are now in the occupation of Fanny Hart Spinster and the other part of the said land ground was formerly partly in the occupation of Mr. Thomas Postans and a portion thereof formed part of the Old Road running through the said ground and since enclosed by me with an oaken fence upon a foundation of bricks and formed into a kitchen garden and now used by my as such
unto my friend John Irving Glennie of Doctors Commons in the City of London Esquire and my Nephew St. Barbe Sladen of Parliament Street in the City of Westminster Esq. and their heirs to the uses and for the intents and purposes and with under and subject to the powers, provisoes and declarations hereinafter expressed and declared of and concerning the same (that is to say)

To the use of my eldest son Joseph Sladen and his assigns for his natural life without impeachment of waste, voluntary waste in pulling down houses and buildings and not rebuilding the same in as good or a better manner only accepted

And from and immediately after the decease of my said son Joseph Sladen To the use of the first son of the body of him my said son Joseph Sladen and the heirs male of the body of such son lawfully issuing
And for default of such issue To the use of the second, third, fourth, fifth, sixth, seventh, eighth and ninth and all and every other son and sons of the body of my said son Joseph Sladen severally, successively and in remainder one after another as they and every of them shall happen to be in seniority of age and priority of birth and the several and respective heirs male of the body and bodies of all and every such respective son and sons lawfully issuing, the eldest of such sons and the heirs male of his body always preferred and to take before the younger of such sons and the heirs male of his or their body or respective bodies and for default such issue then to the use of the right heirs of me the said Joseph Sladen for ever

Provided always and I do hereby declare my will to be that it shall be lawful for the trustee or trustees for the time being acting in the execution of the trusts of this my Will at the request and with the consent in writing of my said son Joseph Sladen and of all and every other the persons and person who for the time being shall by virtue of the trusts or limitations hereinbefore contained for the time being be equitably seized of or entitled to the actual freehold of the said Manor Hereditaments and real estate hereby devised or any part thereof and who shall have attained their respective ages of twenty one years and to and for the said John Irving Glennie and St. Barbe Sladen and the survivor of them his heirs or assigns during the minority or respective minorities of any person or persons who by virtue of the trusts or limitations hereinbefore contained shall for the time being be equitably seized of or entitled to the actual freehold of the said manor, hereditaments and real estate or any part thereof from time to time to demise or lease all or any part or parts of the said manor, hereditaments and real estate hereby hereinbefore devised with the appurtenances to any person or persons for any term or number of years not exceeding fourteen years (except as hereinafter mentioned and provided) in possession and not in reversion or by way of future interest so that there be reserved and made payable in every such lease during the continuance thereof the best and most improved yearly rent or rents to go along with and be incident to the immediate reversion of the premises so to be leased that can or may be reasonably had or gotten for the same without taking any fine premium or foregift for the making thereof

And so that in every such case there shall be contained a condition of re-entry on non-payment of the rent or rents to be therein or thereby respectively reserved to the space of twenty one days next after the same shall become due and payable And so that the lessee or respective lessee or respective leesses to whom such lease or leases shall be made shall seal and deliver a counterpart or counterparts of such lease or leases and that no lessee to whom any such lease shall be made be by any clause or words therein contained authorized to commit waste or be excepted from punishment for committing waste

And as to and concerning all that field, piece or parcel of meadow or pasture land or ground situate at Lee aforesaid purchased by me of Sir Thomas Baring I declare and direct that it shall be lawful for the person or persons who is and are empowered to grant leases of my Manor or reputed Manor and other hereditaments and real estate above mentioned to grant building leases of all or any part or parts of the said field or piece or parcel of meadow land unto any person or persons for any term of number of years not exceeding ninety nine years in possession and so that in every such lease there be contained all such necessary and proper clauses as are usually inserted in Leases of the like nature at such rent or rents to be incident to the reversion without taking any fine or premium and under such Covenants and restrictions as shall be thought fit by the person or persons granting such Lease or Leases

Provided also and I do hereby declare that it shall be lawful for the said John Irving Glennie and St. Barbe Sladen and the survivors of them and his heirs and their or his assisting with the consent and approbation in Writing of the person for the time being who shall by virtue of the trust or limitations hereinbefore contained be seized of or entitled to the actual freehold for the said Manor, hereditaments and real estates hereinbefore devised or any part thereof and who shall have attained the age of twenty one years to make sale alienate and dispose of or to convey in exchange for or In lieu of any other estate, hereditaments and premises or freehold or copyhold tenure in England or Wales the said Manor, hereditaments and real estate or any part thereof with their rights, members and appurtenances to any person or persons for such price or prices in money or for such other equivalent in manors, messuages, lands or hereditaments as to them the said John Irving Glennie and St. Barbe Sladen or the survivor of them or his heirs of their or his assigns shall seem reasonable
And also upon any such sale or sales to buy in the said hereditaments and premises or any part thereof and to resell the same and to make such condition and restrictions respecting the title to the said hereditaments and premises as to them or him shall seem expedient

And I hereby declare that it shall be lawful for the said John Irving Glennie and St. Barbe Sladen and the survivor of them and his heirs and their or his assigns with such consent as aforesaid by any deed or deeds instrument or instruments in writing to be sealed and delivered by them the said John Irving Glennie and St. Barbe Sladen or the survivor of them or his heirs of their or his assigns in the presence of and to be attested by two or more credible Witnesses to revoke determine and make void all and every or any of the trusts estates powers provisoes and authorities by this my Will created limited declared or expressed of and concerning the said manor hereditaments and real estate or so much thereof as shall be sold exchanged and by the same or any other deed or deed instrument or instruments in writing sealed and attested as aforesaid
To limit and appoint the said hereditaments and premises whereof the trusts powers provisoes or agreements shall be so revoked and made void to such new or other uses or trusts as shall be requisite and necessary for the effectually executing and completing such sale or exchange as aforesaid it shall be lawful for the said John Irving Glennie and St. Barbe Sladen or the survivor of them or his heirs of their or his assigns to receive and take any sum or sums of money by way of equality of exchange

And upon payment of the monies to arise by such sale or sales as aforesaid when any such sale shall be made for a valuable consideration in money or when any money shall be agreed to be paid for or by way of equality of exchange to give and signs any receipt or receipts for the same receipt or receipts shall be a sufficient discharge or discharges to the purchaser or purchasers or the person or persons paying the same his her or their heirs executors administrators and assigns for the money for which the same shall sold or to be paid for equality of exchange be expressed to be received And that such purchaser or purchasers or person or persons paying the same his her or their heirs executors administrators and assigns shall not be obliged to see to the application or be answerable for any loss misapplication or nonapplication thereof or any part thereof

And that the said John Irving Glennie and St. Barbe Sladen and the survivor of them or his heirs of their or his assigns shall with such consent as aforesaid lay out the monies to arise from sale of the said hereditaments and premises or any part thereof to be received for equality of exchange as hereinbefore mentioned in the purchase of freehold hereditaments in fee simple in possession or copyhold of inheritance to be situate somewhere in England or Wales and do and shall settle and assure or cause to be settled and assured the lands hereditaments and premises so to be purchased or taken in exchange as aforesaid in such manner and to and for and upon such trusts and purposes as the hereditaments and premises hereby made saleable or exchangeable stand hereby limited and devised

And I hereby declare that in the meantime and until the money and until the money to arise by such sale or sales or to be received for equality of exchange shall be invested in purchaser or purchasers as hereinbefore directed it shall be lawful for the said John Irving Glennie and St. Barbe Sladen or the survivor of them or his heirs of their or his assigns with such consent as aforesaid to out and invest such monies in their or his names or name in or upon Parliamentary funds or public stocks of Great Britain or real securities in England or Wales at interest and from time to time (with such consent as aforesaid) to sell and dispose of, alter, vary and change such securities or any of them and those which may be substituted in in lieu thereof as often as shall be thought expedient
and the dividends interest and annual produce of such securities shall from time to time go and be paid and applied to the person or persons and for such intents and purposes and in such manner in all respects as the rents and profits of the hereditaments and premises so to be purchased and settled as aforesaid would have gone and been payable and applicable to if such purchase or purchasers and settlement had been actually made

I give and bequeath to my son Edward Henry Mainwaring Sladen the sum of thirteen thousand five hundred pounds sterling absolutely
I give and bequeath John Irving Glennie and St. Barbe Sladen their executors and administrators a sufficient sum out of my personal estate which with the Marriage portion of five thousand two hundred and fifty pounds three per cent Consolidated Bank Annuities given by me to my daughter Francis Elizabeth Robertson wife of John Elliot Pasley Robertson Esquire on her marriage with the said John Elliot Pasley Robertson will make up the sum of sixteen thousand six hundred and sixty six pounds thirteen shillings and four pence three per cent Consolidated Bank Annuities
Upon Trust that they the said John Irving Glennie and St. Barbe Sladen or the survivor of them his executors or administrators do and shall with all convenient speed after my decease lay out and invest the same in their or his names or name in the purchase of the sum of eleven thousand four hundred and sixteen pounds thirteen shillings and four pence three per cent Consolidated Bank Annuities clear and free from legacy duty, which will make with the aforesaid sum of five thousand two hundred and fifty pounds three per cent Bank Annuities the sum of sixteen thousand six hundred and sixty six pounds thirteen shillings and four pence three per cent Consolidated Bank Annuities
And do and shall stand and be possessed of and interested in the same three per cent Consolidated Bank Annuities Upon trust to receive and take the interest dividends and annual proceeds thereof and pay over the same into the hands of my aforesaid daughter Frances Elizabeth Robertson (Wife of the said John Elliot Pasley Robertson Esquire) to and for her own sole separate and peculiar use and benefit for and during the term of her natural life independent and free from the power control debts engagements and incumbrances of her present or any future husband or husbands with whom she may happen to intermarry or ends such person or persons for such uses ends intents and purposes as she my said daughter by any note or notes or writing signed by her with her own hand notwithstanding her coverture shall direct or appoint, but not by way of sale, mortgage, assignment, charge or incumbrance or other mode of anticipation

And I do hereby expressly declare and direct that the receipt or receipts of my said daughter Frances Elizabeth Robertson alone notwithstanding any coverture and without any husband with whom she may happen to intermarry joining therein or of such person or persons as she shall in manner aforesaid appoint to receive the same shall be a good and sufficient discharge and good and sufficient discharges for the said interest dividends and annual proceeds or of so much thereof as in such receipt or receipts shall be acknowledged or expressed to be received

And from and immediately after the decease of my said daughter Frances Elizabeth Robertson then In trust for the child if only one and if more than one then all the children of her my said daughter Frances Elizabeth Robertson equally to be divided between or amongst them share and share alike as tenants in common and not as joint tenants to be a vested interest or vested interests in such child or children being a son or sons when and so soon as he shall attain the age of twenty one years or being a daughter or daughters when and so soon as she or they shall attain the like age or be married which shall first happen
But in case my said daughter Frances Elizabeth Robertson shall happen to depart this life without having had any such child or children as aforesaid or having such child or children if all of them shall happen to die without having acquired a vested interest or vested interests as aforesaid then as to the said sum of eleven thousand four hundred and sixteen pounds thirteen shillings and four pence three per cent Consolidated Bank Annuities or the stocks funds and securities in or upon which the same shall be invested
In trust for all and every other my children who shall be living at the time of the determination of the preceding trusts and the lawful issue of such of them as shall be dead leaving lawful issue my surviving children and their issue to take as tenants in common but so nevertheless that shall issue shall take therewith (through all the degrees) the share or respective shares only which the parent or respective parents of such issue would have taken if living and shall take such share or shares equally if more than one as tenants in common

Also I give and bequeath unto the said the said John Irving Glennie and St. Barbe Sladen their executors and administrators a sufficient sum of money out of my personal estate which with the Marriage portion of three thousand three hundred and twenty eight pounds fourteen shillings and three pence three per cent Consolidated Bank Annuities given by me to my daughter Anne Farquhar (Wife of James Farquhar Esquire) on her marriage with the said James Farqhar will make up the sum of sixteen thousand six hundred and sixty six pounds thirteen shillings and four pence three per cent Consolidated Bank Annuities
Upon trust that they the said John Irving Glennie and St. Barbe Sladen or the survivor of them his executors or administrators do and shall with all convenient speed after my decease lay out and invest the same in their or his names or name in the purchase of thirteen thousand three hundred and thirty seven pounds nineteen shillings and one penny, the sum of sixteen thousand six hundred and sixty six pounds thirteen shillings and four pence three per cent Consolidation Bank Annuities and do and shall stand and be possessed of and invested in the same
Upon trust to receive and take the dividends interest and annual proceeds thereof upon and for such of the same trusts intents and purposes for the sole and separate use of my daughter Anne Farquhar (Wife of James Farquhar Esquire) independent of her present or any future husband for her life and after her decease for the benefit of her child or children in all respects as are hereinbefore declared and expressed with respect eleven thousand four hundred and sixteen pounds thirteen shillings and four pence three per cent Consolidated Bank Annuities hereinbefore bequeathed for the benefit of my said daughter Frances Elizabeth Robertson (Wife of John Elliot Pasley Robertson Esquire) and her child and children and the stocks funds and securities in or upon which that sum is hereinbefore directed to be invested and the dividends interest and annual proceeds thereof

But in case my said daughter Anne Farquhar shall happen to depart this life without ever having had any such child or children as aforesaid or having such if all of them shall happen to depart this life without having acquired a vested interest or vested interests then as to the said sum of thirteen thousand three hundred and thirty seven pounds nineteen shillings and one penny three per cent Consolidated Bank Annuities as aforesaid or the stocks funds and securities in or upon which the same shall be invested
In trust for all and every other my children who shall be living at the time of determination of the preceding trusts and the lawful issue of such of them as shall be dead leaving lawful issue my surviving children and their issue to take as tenants in common but so nevertheless that such issue shall take (through all the degrees) the share or respective shares only which the parent or respective parents of such issue would have taken if living and shall take such share or shares equally if more than one as tenants in common

And as to all and every my stocks, funds, monies, mortgages and securities for money and generally as to All the Rest Residue and Remainder of my goods, chattels and personal estate and effects whatsoever and of what nature, kind or quality soever the same may be not by me otherwise disposed of after and subject to the payment of my just debts and funeral and testamentary expences and to the payment and investment of the several legacies or sums of eleven thousand four hundred and sixteen pounds thirteen shillings and four pence; and sum of thirteen thousand three hundred and thirty seven pounds nineteen shillings and one penny three per cent Consolidated Bank Annuities and the payment of any other pecuniary legacies by me given or to be given I give and bequeath the same and every of them and every part of thereof and all my estate and interest therein unto my said two sons Joseph Sladen and Edward Henry Mainwaring Sladen equally to be divided between them share and share alike for their own use and benefit as tenants in common

Provided always and I do hereby my Will and mind to be that it shall be lawful for the trustees or trustee for the time being of this my Will during the minority of any person who by virtue of the trusts or limitations hereinbefore contained shall for the time being be equitably seized of or entitled to the actual freehold or inheritance of the said manors, hereditaments and real estate for the maintenance and education or otherwise for the benefit of such person who for the time being shall be so entitled aforesaid and as often as such case may happen as to such trustees or trustee shall seem proper and that the surplus of such rents and profits shall from time to time be laid out and invested by and in the names of the said trustees or trustee in the purchase of stock in some or one of the public funds or upon other Government or real securities at interest of and in England and Wales and the dividends interest and annual proceeds thereof received and again laid out and invested upon stocks, funds and securities of the like nature so that the same during such minority accumulate in the nature of compound interest
And at the end of such minority the said trustees or trustee shall call in and convert into money the stocks, funds and securities which may have arisen from the surplus income of my said manor and real estate and pay the money produced thereby unto the person or persons who shall then be equitably seized or be entitled to the freehold or inheritance of my said real estate by virtue of the trusts or limitations hereinbefore contained

Provided also And I do hereby further declare my mind to be that it shall be lawful for the trustees or trustee for the time being of this my Will to apply such part of the dividends interest and annual income arising from the several monies stocks funds or securities hereby intended for the respective benefit of my said two daughters Francis Elizabeth Robinson and Anne Farquhar and their respective child or children and issue as aforesaid for the respective maintenance and education or otherwise for the respective benefit of such child and children and issue during their respective minorities being males and during their respective minorities or discovertures being females as to such trustees or trustee shall seem proper that the overplus of such dividends interest and income shall from time to time be laid out and invested by and in the names or name of the said trustees or trustee in the purchase of stock in some or one of the public funds or upon other Government or real securities at interest of and in England and Wales

And the dividends interest and annual proceeds thereof received and again laid out and invested in or upon stocks funds or securities of the like nature so that the same may during such minority and discoverture, minorities and discovertures accumulate in the nature of compound interest and at the end of such minority or discoverture, or minorities and discovertures, the said trustees or trustees shall stand possessed of all the stocks, funds or securities which may have arisen from such surplus income of the said sums of eleven thousand four hundred and sixteen pounds thirteen shillings and four pence three per cent Consolidated Bank Annuities and thirteen thousand three hundred and thirty seven pounds nineteen shillings and one penny three per cent Consolidated Bank Annuities hereby given for the benefit of my said two daughters Francis Elizabeth Robinson and Anne Farquhar or the stocks funds or securities in or upon which the same share shall be invested Upon such and the same trusts as are hereinbefore declared concerning the monies and funds from whence such last mentioned accumulated stocks funds or securities shall have arise

Provided always nevertheless that it shall be lawful for my said trustees or trustee for the time being at their or his discretion after the respective deceases of my said daughters Francis Elizabeth Robinson and Anne Farquhar or in their respective lifetime with their respective consent in writing and notwithstanding any coverture of my said daughters to apply any part not exceeding one half of the principal of the respective presumptive or contingent shares of the respective children and issue of my said daughters Francis Elizabeth Robinson and Anne Farquhar of the said trust stocks funds or securities before the said period of vesting in or towards their respective advancement or performance in the World or otherwise for their respective benefit as my said trustees or trustee for the time being shall think proper

Provided also and I do hereby declare my Will to be that it shall and may be lawful for my said Trustees or Trustee with the consent in writing of the of the person or persons for the time being entitled to any beneficial interest therein in possession by virtue of this my Will if such person or persons shall be of the full age of twenty one years but if not then of the proper authority of the said trustees or trustee to sell, transfer and dispose of the trust stocks funds and securities in or on which the sums of eleven thousand four hundred and sixteen pounds thirteen shillings and four pence three per cent Consolidated Bank Annuities and the sum of thirteen thousand three hundred and thirty seven pounds nineteen shillings and one penny three per cent Consolidated Bank Annuities herein mentioned and herein settled for the benefit of my said respective daughters and their respective children shall or may be invested or any of them or any part thereof
And to invest and lay out the money arising from such sale transfer or disposition any other of the public stocks or funds or on Government or real securities at interest of and in England or Wales all which stocks funds and securities may from time to time be altered varied sold and disposed of and the monies thereby arising again laid out and invested in or upon any new or other stocks funds or securities with such consent or of such proper authority as aforesaid as often as it shall become necessary or be though expedient and that the said trustees or trustee for the time being shall stand and be possessed of and interested in all and every such new or other stocks funds and securities and the dividends interest and annual proceed thereof
Upon trust and for the intents and purposes and under and subject to the powers, provisoes and declarations hereinbefore expressed declared and contained of and concerning the same original trust stocks funds and securities and the dividends interest and annual proceeds thereof or of such of them as shall be then subsisting or capable of taking effect

Provided also and it is my Will that in case both or either of the said John Irving Glennie and St. Barbe Sladen or any trustee or trustees to be appointed under this present provision in their or either of their place shall depart this life or be desirous of being discharged of and from the said trusts or shall go to reside beyond the seas or shall neglect refuse or become incapable to act in the said trusts before the same shall be fully executed and performed then and in any of the said cases and when and as often as the same shall happen it shall or may be lawful to or for the surviving or continuing or acting trustee for the time being or the executors or administrators or last acting trustee of this my Will nevertheless with the consent and approbation of the person or persons for the time being entitled to any present beneficial interest in the trust premises by virtue of this my Will and who shall be of the age of twenty one years to be testified by some writing under his her or their hand or hands to nominate any fit person or persons to supply the place of the trustee or trustees respectively so dying desiring to be discharged or going to reside beyond the seas or refusing or neglecting or becoming incapable to act as aforesaid

And immediately after every such appointment the trusts estates funds securities and premises then vested under and by virtue of this my Will in the trustee or trustees so dying desiring to be discharged or going to reside beyond the seas or refusing or neglecting or becoming incapable to act as aforesaid shall be conveyed assured assigned and transferred according to the different natures tenures and qualities thereof so and in such manner that the same may vest in such new trustee or trustees jointly with the surviving or continuing trustee or solely as the case may require and in his her or their heirs executors and administrators
Upon the trusts in this my Will expressed and declared of and concerning the same or such of them as shall be then subsisting or taking effect and that every new trustee shall have and may exercise the powers privileges ad authorities as if he had been appointed a trustee by this my Will and as if he had been inserted herein instead of the name of the trustee hereby appointed whose place such new trustee shall come or succeed

And I do hereby expressly declare and direct that every receipt which shall be given by the trustees or trustee for the time being acting in the execution of the trusts of this my Will to any person or persons for any money to be received by them or him my said Trustees or Trustee by virtue or in pursuance of the trusts or powers of this my Will shall be a legal and conclusive discharge to the person or persons paying the same for so much money as is in every such receipt shall be expressed to be received and fully and for ever release and exonerate such person or persons from all obligation of seeing to the application thereof and from all lieu and liability be reason of the misapplication or nonapplication thereof or of any part thereof

And I give devise and bequeath unto the said John Irving Glennie and St. Barbe Sladen their heirs executors and administrators All such messuages lands tenements and hereditaments as are vested in me by way of mortgage To hold the same unto and to the use of them my said trustees their heirs executors or administrators according to the different natures and qualities thereof and for all my estate term and interest therein To the intent that my said trustees or trustee may be better enabled to get in receive and discharge the monies secured by any such mortgage or mortgages but such money nevertheless shall belong to and form part of my personal estate

And I nominate constitute and appoint my said sons Joseph Sladen and Edward Henry Mainwaring Sladen and my Son in Law the said James Farquhar joint Executors of this my Will

Provided also and I do hereby further declare my Will to be that they my said trustees and Executors or any of them their heirs executors or administrators shall not be charged or chargeable with or accountable for any more of the aforesaid trust estate monies and premises than they respectively shall actually receive or shall come to their respective hands by virtue of this my Will nor with or for any loss which shall happen of or to the same estates monies and premises or any part thereof so as such loss happen without their respective wilful defaults nor any one or more of them for the other or others of them or for the acts deeds receipts disbursements or defaults of the other or others of them but each of them only for his own acts deeds receipts disbursements and wilful defaults

And also that it shall and may be lawful for them my said Trustees and Executors and their respective executors and administrators in the first place by and out of the aforesaid respective trust estates monies and premises to deduct and reimburse themselves respectively and to pay or allows each other all loss costs charges and fees for Counsel for advice Solicitors Bills and such other expences as they shall respectively sustain expend or be put unto by reason of the several trusts hereby in them reposed in relation to the same estates monies and premises respectively or the management or execution thereof or otherwise relating thereto

And I give and bequeath to my said trustees John Irving Glennie and St. Barbe Sladen the sum of one hundred pounds each
And lastly I do hereby revoke annul and make void all former and other Will and Wills and Testamentary dispositions by me at any time heretofore made or published and declare this only as and for my last Will and Testament

In Witness whereof I the said Joseph Sladen the Testator have to each sheet of this my last Will and Testament contained in fifteen sheets of paper set my hand this ninth day of May in the year of our Lord one thousand eight hundred and forty eight
Josp. Sladen

Signed acknowledged published and declared by the said Joseph Sladen the Testator as and for his last Will and Testament in the presence of us who both being present at the same time at his request and in his presence and in the presence of each other have hereunto subscribed our names as Witnesses
Richd. Moulton 18 Chancery Lane; Rd. Moulton Jnr.

Whereas I Joseph Sladen of Lee in the County of Kent do stand possessed of and entitled to a Government Life Annuity or Annuities of the value of fifty pounds one shilling and six pence or thereabouts on the life of Eliza Knight of Folkestone in the County of Kent Spinster empowered by an Act of Parliament passed in the second year of the Reign of William the Fourth intituled An Act to to transfer the management of certain Annuities from the receipt of His Majesty’s Exchequer to the management of the Commissioners of the reduction of the National debt and to amend the Act for enabling the said Commissioners to grant Life Annuities and Annuities for terms of years.

Now I do hereby give and bequeath the said Life Annuity or Annuities unto the Executors named in and appointed by my last Will and Testament Upon trust nevertheless to pay the same half yearly when and as the same shall from time to time and at all times become due unto the aforesaid Eliza Knight (daughter of William Knight late of Folkestone in the County of Kent Surgeon and Alice his Wife respectively deceased) for her sole and separate use and benefit independent of any husband she may now or hereafter have and so as that the said Eliza Knight shall not have power to charge alien or anticipate the same

I give and bequeath to Miss Morgan formerly Governess to my daughters the sum of one hundred pounds free of legacy duty and I hereby confirm my said last Will and Testament

In Witness whereof I have hereunto set my hand this sixteenth day of November in the Year of our Lord one thousand eight hundred and forty nine
Josh. Sladen
Signed published and declared by the said Joseph Sladen as and for a Codicil to his last Will and Testament in the presence of us who being both present at the same time at his request and in his presence and in the presence of each other have hereunto subscribed our name as Witnesses
Richd. Moulton 18 Chancery Lane; Rd. Moulton Jr.

This is a further Codicil to the last Will and Testament of me Joseph Sladen of Lee in the County of Kent Esquire

I give unto the Executors of my said Will an annuity or clear yearly sum of twenty pounds during the life of Henry Reynolds of Lydden in the County of Kent Upon trust to pay the same to the said Henry Reynolds during his natural life half yearly when and as the same shall become due

And I revoke the legacy of one hundred pounds by a former Codicil dated on or about the sixteenth day of November one thousand eight hundred and forty nine given to Miss Maria or Mary Ann Morgan of Romford in the County of Essex formerly Governess to my two daughters and in lieu thereof I give unto the said Executors an annuity or clear yearly sum of twenty pounds during the life of the said Maria or Mary Ann Morgan Upon trust to pay the same to the said Maria or Mary Ann Morgan half yearly when and as the same shall become due for her separate use

And I direct that such annuities shall be paid free from legacy duty and be payable half yearly at Midsummer day and Christmas day the first payment to be made on such of the said days as shall first happen after my decease
And I declare that in case the Executors of my Will shall so think fit that it shall be lawful for them to provide for the payment of the said annuities or either of them by the purchase in the names of my said Executors and the said Annuitants respectively of a Government annuity or annuities of the like amount for the respective lives or the life of the said Annuities or either of them

In Witness whereof I have hereunto set my hand this fourth day of July one thousand eight hundred and fifty one
Josh. Sladen
Signed by the said Joseph Sladen the Testator as and for a further Codicil to his last Will and Testament in the presence of us who in his presence and in the presence at his request and in the presence of each other have hereunto subscribed our name as Witnesses
Alfred Peachey; Chas. M. Bennet 17 Salisbury Square, Clerks to Mr. Peachey

I Joseph Sladen of Lee in the County of Kent do give & bequeath the following sums of money to my Servants after named provided they shall be living in my service at the time of my decease

I give to my Coachman Robert Miles the sum of one hundred pounds free from legacy duty
To Harriet Haywood formerly Lady’s Maid to my two daughters & now living in my service the sum of fifty pounds free from legacy duty
To my Upper Servant John Glover if he shall have lived with me three years & be in my service at the time of my decease the sum of fifty guineas free from duty
To my Cook Mary Edlow the sum of twenty pounds free from duty
To all my other domestic servants I give & bequeath the sum of ten Guineas each for mourning provided they shall have been in my service twelve months at the time of my decease

In Witness whereof I have hereunto set my hand this fourth day of July in the year of our Lord one thousand eight hundred and fifty one
Josp. Sladen
Signed acknowledged and declared by the said Joseph Sladen as & for a Codicil to his last Will & Testament in the presence of us who (being both present at the same time) at his request and in his presence and in the presence of each other have hereunto subscribed our names as Witnesses
Alfred Peachey; Chas. M. Brunet, 17 Salisbury Square

This is a Codicil to the last Will and Testament of me Joseph Sladen of Lee in the County of Kent Esquire

Whereas I have by my last Will and Testament given and bequeathed to my son Edward Henry Mainwaring Sladen the sum of thirteen thousand five hundred pounds
Now I do hereby revoke and make void the said legacy of thirteen thousand five hundred pounds and in lieu thereof I do give and devise to my said son All my several pieces or parcels of Marshland called the Willow Pound Marshes situate in the Parish of Stone in the Isle of Oxney in the County of Kent lately purchased by me containing altogether by admeasurement eighty five acres one rood and twenty seven perches or thereabouts with the right of way through the Sluice Field and all other the rights and appurtenances thereunto belonging To hold unto my said son Edward Henry Mainwaring Sladen his heirs and assigns for ever
And I also give and bequeath unto my said son Edward Henry Mainwaring Sladen the sum of eight thousand one hundred and fifty pounds

In witness whereof I have hereunto set my hand this sixth day of May one thousand eight hundred and fifty two
Josh. Sladen
Signed and declared by the said Joseph Sladen as and for a Codicil to his last Will and Testament in the presence of us who (both being present at the same time) at his request and in his presence and in the presence of each other have hereunto subscribed our names as Witnesses
Richd. Moulton; Rd. Moulton Jr., 18 Chancery Lane, London

I Joseph Sladen do give and bequeath to my son Joseph Sladen a Painting or Portrait of myself painted by Mr. George V. ___ Green Also a Landscape painting by “Priest” of a view near Norwich, usually hanging over the sideboard in the Dining Room; Also a Landscape painting with Cattle by or after “Cuyp”; and another Landscape painting with figures and cattle by or after “Berghem”; Also a Moonlight scene (Scarborough Castle) by “Williams”; A painting of a Farm yard by “Constable”; A painting of figures painted for me at Rome by Miss Charvnor from an original painting by Leonardo da Vinci called “Vanity and Modesty”; and a painting in water colours of my daughter Anne Farquhar and children

And I give and bequeath to my son Edward a Landscape painting of Cattle by “Deroy”; Also the painting of a man shoeing a horse by or after “Wouwermans”; A Landscape painting Cottage by or after “Hobbima”; A Landscape painting of Forest scenery by or after “Ruysdaal”; A Moonlight scene by “Clarke”; and a small Landscape painting by “Nasmyth”

Also I give and bequeath unto my daughter Anne Farquhar a painting of the “Virgin and Chaild” hanging over the Chimney piece in my Dining Room painted by Miss Charvnor; Also a painting of a Peasant Girl likewise painted by Miss Charvnor; and a small painting of Horsemen

I give and bequeath unto my Son in Law Dr. Robertson a painting of Saint John the Baptist; a painting of a “Virgin and Child” both painted by my late daughter, his Wife

And I give and bequeath to my Son Joseph the Chimney glasses and furniture in my two drawing rooms (not considering the china and glass ornaments as such); and also in my dining room at Lee provided he shall reside there but not otherwise
And I give and bequeath to him (my son Joseph) the French clock which he formerly presented to me, and to my son Edward an engraving of “the return from Hawking” from a painting by Landseer presented to me by him (my said son Edward)

In Witness whereof I have hereunto set my hand this twelfth day of July in the year of our Lord one thousand eight hundred and fifty two
Josh. Sladen
Signed and declared by the said Joseph Sladen as and for a Codicil to his last Will and Testament in the presence of us who (both being present at the same time) at his request and in his presence and in the presence of each other have hereunto subscribed our names as Witnesses
Richd. Moulton; Rd. Moulton Jr., 18 Chancery Lane, London

I Joseph Sladen of Lee in the County of Kent Esquire do make this as a Codicil to my last Will and Testament

Whereas the sum of one thousand and fifty pounds is due to me and secured by mortgage from the late George Keen Esquire of his reversionary interest in a moiety of five thousand pounds three and a quarter per cent annuities expectant upon the decease of Mrs. Mary Fewell
Now I do hereby give and bequeath unto the Executors of my Will the Sum of Eight hundred pounds to be paid out of the said mortgage debt when the same shall have been received or realized, to be held by them Upon the trusts hereinafter declared but in case the said mortgage debt shall have been received or realized in my lifetime then I give unto my Executors the Sum of eight hundred pounds out of my residuary personal estate to be held by them upon the trusts hereinbefore referred to and hereinafter declared (that is to say)

Upon trust to pay the sum of three hundred pounds part thereof to my Niece Elizabeth Naylor (the Wife of The Reverend George Naylor) for her sole and separate use and benefit and for which her receipt alone notwithstanding her coverture shall be a sufficient discharge to my Executors
And to pay the sum of two hundred pounds further part thereof to the son and daughter of my Nephew William Smith equally to be divided between them or their respectively attaining the age of twenty one years with benefit of survivorship between them in case of the death of either of them under the age of twenty one years of age
and to pay the sum of three hundred pounds residue thereof to my Great Nephew Arthur Smith one of the sons of my late Nephew Arthur Smith deceased on his attaining the age of twenty one years subject to the directions hereinafter contained

And Whereas I have caused my said Great Nephew Arthur Smith to be placed for education at the Kings School Canterbury and promised to allow his Mother Mrs. H.M. Smith Widow fifty pounds annually during pleasure for or towards his education at the School
Now I do hereby direct the Executors of my said Will to pay the sum of fifty pounds annually from the time of my decease either out of the said mortgages debt ...emporarily out of my estate for or towards the education of the said Arthur Smith at the said School until he completed his sixteenth year of his age But I declare that the sums which shall be so paid by my Executors for the education of the said Arthur Smith shall be deducted from the said sum of three hundred pounds hereinbefore bequeathed to him
And I authorize my Executors to pay and apply the residue of the said sum of three hundred pounds or any part thereof for the benefit of the said Arthur Smith during his minority in such manner as my said Executors shall think best

And I declare that the realisation of the said sum of one thousand and fifty pounds and the interest thereof shall be in the discretion of my Executors who if they think fit may allow the same to remain until the reversion shall fall into possession

In Witness whereof I have hereunto set my hand this ninth day of June in the year of our Lord one thousand eight hundred and fifty three
Josh. Sladen
Signed acknowledged and declared by the said Joseph Sladen as and for a Codicil to his last Will in the presence of us who in his presence at his request and in the presence of each other (present at the same time) have hereunto subscribed our names as Witnesses
Charles Martin 17 Salisbury Square; Jas Bilney, 17 Salisbury Square.

Whereas I Joseph Sladen of Lee in the County of Kent have for some time past allowed to Nancy Frances Cameron Spinster and her Sister ______ Cameron Spinster two female orphans residing at No. 1 Queens Terrace, Queens Road, New Cross in the County of Surrey the sum of four shillings per week
Now I do hereby request and direct the Executors named in my last Will and Testament to continue the payment of the same sum to them weekly or otherwise as may be most convenient out of my residuary personal estate during their natural lives free from legacy duty with benefits of survivorship to the longest liver Provided nevertheless that they, one or both remain single and unmarried otherwise this bequest to be null and void

In Witness whereof I have hereunto set my hand this fourth day of May in the year of our Lord one thousand eight hundred and fifty four
Josh. Sladen
Signed acknowledged and declared by the said Joseph Sladen as and for a Codicil to his last Will and Testament in the presence of us who (both being present at the same time) at his request and in his presence and in the presence of each other have hereunto subscribed our names as Witnesses
Jas. Farquhar, Doctors Commons, London; Edward M. Farquhar

This is a Codicil to the last Will and Testament of me Joseph Sladen of Lee in the County of Kent Esquire which Will bears date the ninth day of May one thousand eight hundred and forty eight

Whereas by my said Will I bequeathed to John Irving Glennie and St. Barbe Sladen their executors and administrators a sufficient sum of money to purchase the sum of elven thousand four hundred and sixteen pounds thirteen shillings and four pence, three pounds per cent Consolidated Bank Annuities upon certain trust in favor of my daughter Frances Elizabeth Robertson (Wife of John Elliot Parsley Robertson Esquire) and her child or children with a gift over in the event of the decease of the said Frances Elizabeth Robertson without having had any child or children or haivng had a child or children all of them should happen to die without having acquired a vested interest as in my said Will mentioned

And Whereas my said daughter departed this life leaving surviving her her said husband and two sons Edward Lee Robertson and Murray Robertson
And Whereas I am desirous of revoking my said Will so far as regards the before mentioned bequest and making other provisions for the sons of my said daughter
Now therefore I hereby revoke my said Will so far as regards the bequest to the said John Irving Glennie and St. Barbe Sladen and in the trusts declared thereof

And I give and bequeath unto the Executors of my said Will the sum of eight thousand pounds free from legacy or succession duty Upon trust to invest the same in manner hereinafter mentioned and stand possessed thereof Upon trust for my said Grandsons Edward Lee Robertson and Murray Robertson in equal moieties But if either of my said Grandsons shall die under the age of twenty one years then Upon trust as to the moiety of the Grandson so dying for the other of them

And in case both my said Grandsons shall die under the age of twenty one years then as to the entirety of the said trust money In trust for all and every of my children who shall be living at the time of the determination of the preceding trusts and the lawful issue of such of them as shall be dead leaving lawful issue my surviving children and there (sic) issue to take as tenants in common but so nevertheless that such issue shall take (through all the degrees) the share or respective shares only which the parent or respective parents of such issue would have taken if living and shall take such share or shares equally if more than one as tenants in common

And I empower my said Executors or the survivors or survivor of them his executors or administrators to apply towards the maintenance and education or otherwise for the benefit of each of my said Grandsons during his minority the whole or any part of the income of the said moiety or entirety of the said trust money as the case may be to which he shall for the time being be entitled with liberty for my said Executors or the survivors or survivor of them his executors or administrators at their or his discretion to pay over such income or any part thereof to the Father or Guardians or Guardian for the time being of such Grandson to be applied in the like manner

And I direct that the unapplied income if any shall be accumulated and the accumulations be subject to the like power and so subject shall form part of the capital of the moiety or entirety of the said trust money as the case may be from which such accumulation shall have arisen

And I also empower my said Executors or the survivors or survivor of them his executors or administrators from time to time to apply in or towards the advancement and establishment in life of each of my said Grandsons during his minority any part of the capital of the moiety or entirety as the said trust money as the case may be not exceeding in the whole one third part of the sum to which he shall for the time being be entitled

And I direct my said executors or the survivors or survivor of them his executors or administrators to invest the said sum of eight thousand pounds in their or his names or name in or upon the public funds or securities of the United Kingdom or on mortgage of freehold or copyhold estates in England or Wales with liberty to change the investment of such sums for any other or others of the description aforesaid

And I hereby revoke two Codicils to my said Will dated respectively the seventeenth day of November one thousand eight hundred and fifty two and the twelfth day of October one thousand eight hundred and fifty four *

In Witness whereof I have hereunto set my hand this twenty fourth day of January in the year of our Lord one thousand eight hundred and fifty five
Josh. Sladen
Signed and acknowledged by the Testator Joseph Sladen as and for a Codicil to 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 hereunto subscribed our names as Witnesses
Henry Barnett, Surgeon, Blackheath; William Brigstock, Servant to Mr. Sladen

Whereas I Joseph Sladen of Lee in the County of Kent have by a Codicil to my last Will and Testament given and bequeathed to my domestic servant Harriet Haywood formerly Lady’s Maid to my two daughters and now living in my service the sum of fifty pounds free from legacy duty

Now I do hereby revoke & make void the said legacy and in lieu thereof do hereby give & bequeath to the said Harriet Haywood an annuity of twenty five pounds per annum out of my residuary estate and do hereby charge & direct the executors named in my Last Will and Testament to pay such annuity quarterly to the said Harriet Haywood in four quarterly payments, vizt. at Lady Day, Midsummer, Michaelmas & Christmas so long as she lives, the first of the said payments to be made on the first of the said days which may happen after my decease

I also give & bequeath to my old & faithful Coachman Robert Miles the sum of one hundred pounds free from legacy duty in addition to what I have bequeathed to him by a former Codicil
I also do hereby bequeath to my upper Servant John Glover if living with me at the time of my decease the sum of fifty pounds in addition to what I may have bequeathed to him by any former Codicil
I also give and bequeath to my Gardener William Waterman if in my service at the time of my decease the sum of ten pounds
And I also give the same sum free of duty to my under Gardener William Falkner if in my service at the time of my decease
And I also do hereby give and bequeath to the Treasurer for the time being of “The National Boys and Girls School” at Lee the sum of fifty pounds free from legacy duty for the use and benefit of the said Schools

In Witness whereof I have hereunto set my hand this twenty fourth day of January in the year of our Lord one thousand eight hundred and fifty five
Josh. Sladen
Signed acknowledged and declared by the said Joseph Sladen as & for a Codicil to his last Will and Testament in the presence of us present (who both being present at the same time) at his request and in his presence and in the presence of each other have hereunto subscribed our names as Witnesses
Henry Barnett, Surgeon, Blackheath; William Brigstock, Servant to Mr. Sladen

Proved at London with nine Codicils 28th August 1855 before the Worshipful John Elliot Parsley Robertson, Doctor of Laws and Surrogate by the oaths of Joseph Sladen Esquire and The Reverend Edward Henry Mainwaring Sladen, Clerk the sons and James Farquhar Esquire the Executors to whom Admon. [Administration] was granted having been first sworn duly to Administer.

Note: * Both of the Codicils to be revoked (dated 17th November 1852 and 12th October 1854) appear to have been already removed by the time of making this official copy.

Transcribed by Shelagh Mason May 2021


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Will of Joseph Sladen
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