Will of Francis Smith

of Deal, Kent

First I give and devise all that my Freehold Messuage or tenement with the Appurtenances Situate and being at Great Yarmouth in the County of Norfolk and now in the occupation of ____ Holland or of this Assigns unto my well beloved Wife Julia Smith and to her heirs and Assigns for ever

Also I give and bequeath all my Household Goods and Furniture, Plate, Linen and China together with one Years Dividends of my money in the New four Per cent Bank Annuities and one Years Interest of my Deal Poor house Bond and one Years Rents of all my Freehold Estates in Deal aforesaid and which I charge with the Payment thereof accordingly unto her my said Wife Julia Smith Upon Condition that she do and shall thereout pay and discharge all my just debts and Funeral and testamentary Expences

And Subject thereto I give and bequeath the dividends and Interest of the Sum of Eight hundred Pounds New four Per Centum Annuities now standing in my Name in the Books of the Governor and Company of the Bank of England Unto my Son John Smith and her [!] Assigns for the term of his natural life
and from and immediately after his decease I give and bequeath the dividends and Interest of the Sum of Five hundred Pounds New four Per Centum Annuities (part of the above Stock) unto Maria Smith the Wife of him the said John Smith and her Assigns for the term of her natural life

And from and after the decease of the Survivor of them my said Son John Smith and Maria his Wife I give and bequeath the said last mentioned Sum of Five hundred Pounds New four Per Centum Bank Annuities unto my Five Grandchildren Francis Samuel Smith; Richard Lilly Smith; John Thomas Smith; Thomas Baker Smith and Elizabeth Wilds Smith equally to be divided between them my said five Grandchildren Share and Share alike and to their Several and respective Executors Administrators and Assigns

Also I give and devise my Six Freehold Messuages or tenements with the Appurtenances in or near Lower Street in Deal aforesaid in the several occupations of Mrs. Tobias, Mr. Stokes, Mr. Parsons, Richard Bayley, Mr. Whatford and Thomas Baker and the Garden Ground thereunto adjoining together with the Messuage or tenement near thereto formerly in the occupation of William Beach unto my said Son John Smith and his Assigns for the term of his natural life he and they keeping the same in good and tenantable repair

And from and immediately after the deceases of him my said Son John Smith I give and devise the Messuages or Tenements in the occupation of Mrs. Tobias with the Appurtenances unto my said Grandson Franics Samuel Smith and to his heirs and Assigns for ever
Also I give and devise the Messuage or tenement in the occupation of Mr. Stokes with the Appurtenances from and after my Sons decease unto my said Grandson Richard Lilly Smith and to his heirs and Assigns for ever
Also I give and devise the Messuage or tenement in the occupation of Mr. Parsons with the Appurtenances from and after my Sons decease unto my said Grandson John Thomas Smith and to his heirs and Assigns for ever
Also I give and devise the Messuage or tenement in the occupation of Richard Bayley with the Appurtenances from and after my Sons decease unto my said Grandson Thomas Baker Smith and to his heirs and Assigns for ever
Also I give and devise the Messuage or tenement in the occupation of Mr. Whatford with the Appurtenances from and after my Sons decease unto my said Granddaughter Elizabeth Wilds Smith and to her heirs and Assigns for ever

Also I give and devise all that my Freehold Messuage or tenement in or near Lower Street in Deal aforesaid now in the occupation of William Newing together with the Messuage or tenement adjoining formerly in the occupation of Susan Epsley with the Appurtenances unto my Granddaughter Ann Leggett the Wife of John Leggett of the Parish of Eythorne in the said County Collar maker and to her heirs and Assigns for ever

Also I give and devise all that my Freehold Messuage or tenement Situate in or near Lower Street in Deal aforesaid and now in the occupation of my said Son John Smith with the Appurtenances unto my Granddaughter Mary Hayman Smith and to her heirs and Assigns for ever
Also I give and devise a piece of Freehold Garden Ground Sixteen feet East to West by about thirty nine feet North to South being the Westernmost part of my Garden Ground near Lower Street in Deal aforesaid from and after my said Sons decease unto my said Granddaughter Ann Leggett and to her heirs and Assigns for ever
Also I give and devise the like quantity of Garden Ground adjoining to the Eastward of the last from and after the decease of my said Son Unto my said Granddaughter Mary Hayman Smith and to her heirs and Assigns for ever
Also I give and devise the like quantity of Garden Ground adjoining to the Eastward of the last from and after the decease of my said Son Unto my said Granddaughter Elizabeth Wilds Smith and to her heirs and Assigns for ever

And as to the Freehold Messuage or tenement now in my own occupation Situate in Middle Street in Deal aforesaid with their Appurtenances and my Deal Poor House Bond or Security for Fifty pounds and Interest I give devise and bequeath the same unto my friend John Mercer of Deal aforesaid Gentleman and my Son in Law the said John Leggett their heirs Executors Administrators and Assigns In trust to call in and compel Payment of the said Deal Poor House bond or otherwise sell and dispose of and convert the same into money
And do and shall also absolutely Sell and dispose of the said Freehold Messuage or tenement now in my own occupation with the Appurtenances either by Public Auction of Private Contract to any person or persons willing to become the Purchaser or Purchasers thereof and for the best price or prices in money that can be reasonably had or gotten for the same and do and shall enter into make and execute all such Contracts Conveyances and Assurances as may be requisite for effectuating Such Sale or Sales and do and shall stand possessed of the monies to arise from the Sale of my said last mentioned Messuage or tenement and Premises and bond

In trust in the first place to pay the Costs Charges and Expences incident to such Sale or Sales and conversion
And then In trust to pay and retain to themselves my said trustees the Sum of Five pounds apiece as an acknowledgement for the care and trouble they will have in the execution of this my Will
And as to the surplus or residue of the said trust monies do and shall stand possessed hereof as follows (that is to say) In trust to pay Two hundred pounds of lawful money of Great Britain to my said Granddaughters Ann Leggett and Mary Hayman Smith equally to be divided between them Share and Share alike and to their Several and respective Executors Administrators and Assigns and the residue thereof to be invested at Interest in some one or more of the Public Stocks or Funds of this Kingdom or upon Real Security in England and the Interest thereof to be paid to my said Son John Smith for his life
And Subject thereto to the said residue of the last mentioned trust monies and the Stocks Funds or Securities in or upon which the same shall be invested or Secured to sink into and form part of the residuum of my Personal Estate by me hereinafter given and bequeathed

Also I give and bequeath my Silver Watch unto my Great Grandson Francis Smith Leggett

And I give and devise the said Freehold Messuage or tenement in the occupation of Thomas Baker with the Appurtenances and the said Freehold Messuage or tenement late in the occupation of William Beach with the Appurtenances and the remainder of my Garden Ground in Deal aforesaid from and after the decease of him my said Son John Smith
And also all other my real Estate whatsoever and wheresoever not hereinbefore dispose of unto the said John Mercer and John Leggett their heirs and Assigns In trust
absolutely to sell and dispose of the same either by Public Auction or Private Contract to any person or persons willing to become the Purchaser or Purchasers thereof for the best price or prices in money that can be reasonably had or gotten for the same and enter into make and execute all such contracts conveyances and Assurances as my be requisite for effectuating such Sale or Sales
And that my said trustees or the Survivor of them his heirs Executors Administrators or Assigns do and shall stand possessed of the monies arising therefrom and also of and in the residue of my Personal Estate and Effects which I give and bequeath to them accordingly In trust
for my Seven Grand Children Ann Leggett, Francis Samuel Smith, Richard Lilly Smith, John Thomas Smith, Mary Hayman Smith, Thomas Baker Smith and Elizabeth Wild Smith equally to be divided between them Share and Share alike and to their Several and respective Executors Administrators and Assigns

Provided always and I declare that notwithstanding the trusts before expressed it shall be lawful for my trustees or trustee for the time being if they or he shall think proper after my Sons decease to take down the said Messuage or tenement formerly in the occupation of William Beach and to build up a new Southhead Wall to the House now in the occupation of Thomas Baker and to build a Wall with the Materials above the Washhouse in Thomas Baker’s occupation the entrance there may be fifteen feet to the South and all my Wall on the South Side may be taken down so that the said Passage may be Fifteen feet wide to the House in the occupation of Mrs. Tobias and the said new Wall may be Seven feet and a half high from the foundation to the top until you come to the West and then there may be a Passage fifteen feet wide between the four houses on the West side of the Garden and a Wall may be built North and South Seven feet and a half high from the foundation to about to my North Wall But all this I refer entirely to the discretion of my trustees or trustee for the time being

And Whereas my said Grandson John Thomas Smith is now absent and has not been heard of for some time past Now I do hereby will and direct that in case he my said Grandson John Thomas Smith shall not before the expiration of the Year One thousand eight hundred and thirty Six return to England and Claim the property hereby intended to be given devised and bequeathed to him and which in the mean time I leave to the management of my trustees and Executors then and in such case I do hereby give devise and bequeath the said property so intended for him my said Grandson John Thomas Smith unto and equally between my Six other Grandchildren Ann Leggett, Francis Samuel Smith, Richard Lilly Smith, Mary Hayman Smith, Thomas Baker Smith and Elizabeth Wild Smith Share and Share alike and they to take as tenants in Common and not as joint tenants and to their Several and respective heirs Executors Administrators and Assigns according to the nature of such property

And I appoint the said John Mercer and John Leggett joint Executors of this my Will
And I declare my mind and Will to be that the receipt or receipts of the said John Mercer and John Leggett or the Survivor of them or the heirs Executors Administrators or Assigns of such Survivor for any Sum or Sums of money payable to them or him under or by virtue of this my Will shall be a good and effectual discharge or good and effectual discharges for the Sum or Sums of money therein respectively mentioned to be received and that the person or persons paying the said Sum or Sums of money and taking such receipt or receipts for the same shall not be afterwards Answerable or accountable for the misapplication or nonapplication or be in any wise bound or required to see to the application of the money therein mentioned and acknowledged to be received or by any part thereof
And I declare that my said Executors and the trustee or trustees for the time being under this my Will shall be answerable for such monies only as they respectively shall actually receive and that the one of them shall not be answerable for the acts of the other or others of them nor for involuntary losses
And that it may be lawful for them respectively by and out of the monies which shall come to their respective hands by virtue of this my Will to retain to and reimburse themselves respectively and to allow to their respective Co trustee or trustees for the time being all Costs and Expences which they or any of them shall incur or be put unto in the execution of the trusts hereinbefore contained or in relation thereto

And lastly I revoke all former Wills by me made
In Witness whereof I the said Francis Smith the testator have to this my last Will and testament contained in Six Sheets of Paper annexed together to the first five Sheets thereof set my hand and to this Sixth and last Sheet thereof my hand and Seal the day and Year first aforesaid
Francis Smith

Signed Sealed Published and Declared by the said Francis Smith the testator as and for his last Will and testament in the presence of us who have hereunto Subscribed our names as Witnesses thereto in his presence at his request and in the presence of each other
J. W. Shrewsbury, Jno Mercer Junr., Geo Holbrook Clerks to Messrs. May & Mercer, Solicitors, Deal

Proved at London the 8th May 1826 before the Judge by the oaths of John Mercer & John Leggett the Executors to whom Admon. [Administration] was granted having been first Sworn by Commission duly to Administer
Exd.

Notes:
Francis Smith married Julia Waters by Licence 5th December 1805 at St. Mary Magdalen, Bermondsey, Surrey.
Francis Smith was buried, aged 78, on 29th December 1825 at St. Leonard, Deal, Kent.
Francis Smith was the son of Francis and Abigail Smith, christened at St. Leonard, Deal on 22nd November 1747.
Father Francis Smith, Bachelor, married Abigail Castle, Spinster, both of Deal, by Licence on 9th May 1740 at St. Martin, Canterbury, Kent.

Transcribed by Mrs. Shelagh Mason 20th February 2021

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