I give & bequeath unto John Sage of Maidstone in the said County, Wharfinger & Thomas Smith of the same Place, Stationer, their Ex[ecut]ors Adm[inistrat]ors & Ass[ign]s all & singular my Leasehold Premises, Goods, Chattels, Monies, Securities for Money & other Personal Estate & Effects of what nature or kind soever or wheresoever To have the same (subject to the payment of my said debts & Expences hereinbefore mentioned) unto the said John Sage & Thomas Smith their Ex'ors Adm'ors & Assigns Upon the Trusts & for the ends intents & purposes hereinafter expressed & declared concerning the same (that is to say)
Upon Trust that they the said John Sage & Thomas Smith or the Surv[iv]or of them his Ex'ors Adm'ors do & shall as soon as conveniently
may be after my decease, collect get in & receive all the debts & Sums of Money which shall then be due & owing to me & do & shall at
such time or times & in such manner as he or they shall in his, her or their own discretion think proper, sell, dispose of & convert
into Money all such part & parts of my said Estate & Effects as shall not consist of Money or Securities for Money & do & shall lay out
& invest all & singular the Monies to be collected or received & raised as aforesaid at Interest in his or their own name or names in or
upon any of the Government or Parliamentary Stocks or Funds of Great Britain or upon Real Securities in England or Wales
And do & shall from time to time change & vary the Stocks, Funds or Securities in or upon which the same Monies or any part thereof shall
from time to time be invested either as occasion may require or as the said Trustee or Trustees for the time being shall think fit
And Upon further Trust that the said John Sage & Thomas Smith & the Surv'or of them his Ex'ors Adm'ors do & shall permit & suffer or authorize & empower Elizabeth Stroud my Wife & her Assigns to receive & retain the Dividends, Interest & Income of the said Trust Monies, Stock, Funds & Securities during her natural life for her own benefit & for better enabling her to bring up & to maintain & educate my several unmarried Children hereinafter mentioned
And from & after the decease of my said Wife do & shall pay, transfer & assign the said Trust Monies & the Stocks, Funds & Securities
in or upon which the same shall be invested unto my five Children
Elizabeth Crispe the Wife of William Crispe of Leeds aforesaid, Farmer; William Stroud; Sarah Stroud; Thomas Stroud and Joseph Stroud
to be divided between or amongst them in equal shares and proportions as Tenants in common & not as joint Tenants
subject nevertheless to the Provisoes hereinafter contained & to be vested in such of the same Children as are Sons when & as they shall severally attain their respective ages of twenty one years or die under that age leaving Issue living at their respective deaths & in my said daughter Elizabeth on the day of my decease & in my said daughter Sarah when she shall attain her age of twenty one years or day of marriage which shall first happen & to be paid, transferred or assigned as soon after the said respective ages or days shall be attained & also after the decease of my said Wife as conveniently may be
Provided always & I declare it to be my Will notwithstanding anything hereinbefore contained, that the Sum of Two hundred Pounds which
I have already advanced to or for or on account of my daughter the said Elizabeth Crispe shall be taken & considered as part of her share
of the said Trust Monies & shall be allowed for accordingly so as in such manner that she shall receive Two hundred Pounds less of the
same Monies than each of my said other Children
& also that in case I shall hereafter at any time during my life advance to or for any one or more of my Children any Sum or Sums of
Money, then the same shall be taken & considered as part of his, her or their share or shares of my said Trust Monies & shall be allowed
for accordingly as aforesaid
And upon further Trust that in case any one or more of my said Children being a Son or Sons shall die under the age of twenty one years without leaving any Issue of his or their Body or respective bodies living at his or their death or respective deaths, or my said daughter Sarah shall die under that age & also before she shall have been married Then the said John Sage & Thomas Smith or the Surv'or of them his Ex'ors Adm'ors do & shall pay, assign & transfer the original share or shares of the said Trust Monies, Stocks, Funds & Securities which under or by virtue of the Trusts hereinbefore contained shall belong to the Child or Children respectively who shall die as aforesaid & also that part or share or those parts or shares (if any) of & in the same Trust Monies, Stocks, Funds & securities which shall from time to time belong to or be taken by the same Child or Children under this present provision & also the accumulations (if any) of the Dividends, Interest & Income arising from his, her or their shares or respective shares unto the other or if more than one the others of my said five Children to be equally divided between or among them if more than one share & share alike as Tenants in common & not as joint Tenants & his, her or their Ex'ors Adm'ors & Assigns to be vested at the several ages, days or times hereinbefore appointed respecting the original share or shares & to be paid, transferred or assigned at the time or several times appointed for payment, transfer or assignment of the same respectively as soon as conveniently may be
& I further direct & declare that it shall & may be lawful for the said John Sage & Thomas Smith or the Surv'or of them his Ex'ors Adm'ors at any time or times & from time to time after the decease of my said Wife to apply the Dividends, Interest & Annual Income of the presumptive share of each of my said Children who shall then be a Minor of & in the said Trust Monies, Stocks, Funds & Securities in or towards his or her maintenance, education & advancement or preferment in the World
& also that so much of the Dividends, Interest & annual Income arising from the Portion or share of each such Child respectively as shall not be applied to his or her maintenance, education & advancement or preferment in the World shall from time to time be added to the Principal of the same portion or share of each such Child respectively & improved at Interest together with the same & as a Part thereof by way or in the nature of compound Interest & follow & be subject to all the limitations, Trusts & dispositions hereinbefore or hereinafter expressed & declared concerning the Principal of the same Portion or share until the same Principal or the Security one which the same shall be invested shall become payable or transferrable
& further that it shall & may be lawful for the said John Sage & Thomas Smith or the Surv'or of them his Ex'ors Adm'ors at any time after the death of my said Wife or in her life time with her consent in Writing under her hand to advance to or for each or any of my said Sons any part not exceeding one half of his part or share of & in the said Trust Monies, Stocks, Funds & Securities for placing or establishing him in any business, profession or employment or otherwise the advancement & preferment in the world of the same Son & that the Money to be so advanced to or for each or any of my said Sons shall be delivered, taken & allowed out of each of his share of the said Trust Monies, Stocks, Funds & Securities notwithstanding his death before the same shall become absolutely vested in him
& I give to each of them the said John Sage & Thomas Smith the Sum of Five Guineas for a Ring as a Memento of my Friendship & Esteem for them respectively
Provided always & I hereby expressly declare it to be my Will notwithstanding any of the Trusts or
dispositions hereinbefore contained that it shall & may be lawful for the said Elizabeth my Wife &
she is hereby fully authorised & empowered if she shall think proper & not otherwise for her
own benefit & for better enabling her to bring up & to maintain & educate my younger Children
during their respective minorities to continue & carry on my said two businesses of a Paper Maker &
Farmer during her life or so long as she shall in her own discretion think fit
& for that to hold & use all my Leasehold Mill & Premises at Pratling Street aforesaid & all my
Leasehold Farm & Premises at Leeds aforesaid together with all my live & dead Stock &
Implements of Business at both those Places & also my Household Goods & Furniture without being
accountable for the profits & losses of either of the said concerns & also without my said Trustees or
Trustee for the time being having any responsibility or liability in that behalf
& I constitute & appoint her the said Elizabeth my Wife sole Executrix of this my Will
& I give & commit to her during her life & after her decease to the said John Sage & Thomas Smith & the Surv'or of them the Guardianship,
care, Custody, tuition and management of the Persons & Estates of such of my said Children as shall be minors at the time of my decease
during their respective minorities
Provided also & I further direct & declare it to be my Will that in case either of the Trustees hereby appointed or their or either of
their Ex'ors or Adm'ors or any Trustee or Trustees to be appointed under this present provision in their of either of their place shall
depart this life or be desirous of being discharged of & from the aforesaid Trusts or shall neglect or refuse or become incapable to act
therein before the same Trusts shall be fully executed & performed Then & in that case & as soon & as often as the same shall happen it
shall & may be lawful for the acting Trustee or Trustees for the time being of this my Will or the Ex'ors or Adm'ors of the last acting
Trustees with their consent and approbation of the said Elizabeth my wife if living to nominate any fit Person or Persons to supply the
place of the Trustee or Trustees respectively so dying, desiring to be discharged, refusing or neglecting or becoming incapable to act as
aforesaid
& that immediately after such appointment the Trust Estate Monies & Effects which shall then be vested in the same Trustee or Trustees
under & by virtue of this my Will shall be assigned & transferred to & in such manner that the same Estate & Effects may vest in such
new Trustee or Trustees jointly with the surviving or continuing Trustee or Trustees or solely as the case may require & in his or their
Ex'ors Adm'ors or Assigns Upon the Trusts hereinbefore declared concerning the same & that any such new Trustee shall have & may receive
the same Powers, privileges & authorities of approbation & consent discretion & of giving effectual Receipts, maintenance, advancement
& education & all other Powers & Authorities whatsoever as if he has been originally appointed a Trustee by this my Will
& further it is my Will & I direct that my said new Trustees hereby nominated & appointed & the Trustees to be appointed by virtue of the Provision last hereinbefore contained & each of them shall be charged and chargeable only for such monies as the same Trustees respectively shall actually receive by virtue of the Trusts hereby reposed in them notwithstanding their or any of their giving or signing or joining in giving or signing any Receipt or Receipts for the sake of conformity & that any one or more of them shall not be answerable or accountable for or for their Acts, Receipts, Neglects or defaults of the other or others of them or for any Stewards, Agents, Bailiffs, Servants or other Persons to be employed by or under him or them, but each of them only for his own Acts, Receipts, Neglects or defaults respectively, nor be answerable or accountable for Bank or Broker, Steward, Bailiff, Servant or Agent or other Person with whom any part of the said Trust Monies shall or may be deposited for safe Custody or otherwise or through whose hands the same may pass in the execution of the Trusts hereinbefore contained Nor for the rise or Fall in the price or value of Funded Property or the insufficiency or deficiency in title or value of any Security or Securities, Stocks or Funds in or upon which the said Trust Monies or any part thereof shall be placed out or invested, nor for any other misfortune, loss or damage which may happen in the execution of the aforesaid Trusts except the same shall happen by or through his or their own wilful default respectively
& also that it shall and may be lawful for the said Trustees named in this my Will & such further
Trustee or Trustees to be appointed as aforesaid & every of them, their & every of their Ex'ors Adm'ors or Assigns by & out of the Money
which shall come to his & their respective hands by virtue of the Trusts aforesaid to deduct & retain & reimburse himself &
themselves respectively & also to allow to his & their Co-Trustee & Co-Trustees all Costs, Charges & Expences which he or they shall or
may sustain, expend, disburse or be put unto in or about the execution of the aforesaid Trusts or in relation thereunto
& also to settle, adjust & allow the Accounts of my Trustee or Trustees who shall depart this life or be
desirous of being discharged of & from the aforesaid Trusts or shall neglect or refuse or become
incapable to act in the said Trusts & in whose place or stead a new Trustee or Trustees shall be
appointed as aforesaid & also to receive & give discharges for the Moiety which shall appear to be the
balance of the same Accounts without any responsibility in the Person or Persons paying the same
Money to see to the application thereof or be answerable or accountable for the misapplication or
nonapplication of the same
& lastly I hereby revoke annul & make void all former Wills whatsoever by me at any time heretofore made or published & do declare
this present Writing alone to be & contain my last Will & Testament
In Witness whereof I the said Thomas Stroud the Testator have to this my last Will and Testament contained in five sheets of Paper set
my hand & Seal, that is to say, my hand to the bottom of the four first sheets hereof & my hand & seal to this fifth & last Sheet this
23rd day of December in the Year of our Lord 1813
Thos. Stroud
Signed, Sealed, Published & Declared by the said Thomas Stroud the Testator as & for his last Will & Testament in the presence of us who
in his presence & in the presence of each other & at his request have hereunto subscribed our names as Witnesses
W. A. Dunning, Att[orne]y, Maidstone; Will'm Taylor, his Clerk; Thos. Chantler, Rose & Crown, Maidstone
Proved at London 23rd March 1815 before the Worshipful Samuel Rush Meyrick, Doctor of Laws & Surrogate by the Oath of Elizabeth Stroud, Wo [Widow], the Relict, the sole Ex'or to whom Adm[inistrati]on was granted being first sworn duly to adm'r.
Transcribed by Shelagh Mason 25th August 2021
Return to Kent GenealogyWill of Thomas Stroud