Watkins Will 1845

Will of Samuel Watkins

of Ramsgate, Kent


Source: Prerogative Court of Canterbury TNA Ref.: PROB 11/2015/393
Submitted by Lesley Wood
This is the last Will and Testament of me Samuel Watkins of Ramsgate in the Isle of Thanet in the County of Kent Gentleman

I give devise and bequeath my freehold messuage or tenement No. 15 Wellington Crescent Ramsgate aforesaid with the appurtenances together with all the fixtures household furniture linen glass china and other household effects which shall be in or about the same at the time of my decease in manner following (that is to say)
One equal undivided moiety or half part or share of the same messuage or tenement fixtures and chattels unto and to the use of my daughter Jane Idle Watkins and unto her heirs executors administrators and assigns absolutely

Item the other or remaining one full equal undivided moiety of that part or share of the same messuage or tenement fixtures and chattels unto and to the use of my daughters Jane Idle Watkins and also Elizabeth Watkins and my friend Stephen Redman of Gloucester Place Commercial Road in the County of Middlesex Ship Owner their heirs executors administrators and assigns
Upon Trust that they or the survivor or survivors of them or other the trustees or trustee for the time being of this my will hall and do as soon after my decease as they he or she shall in their his or her direction think proper absolutely sell and dispose of the same moiety or half part of the said messuage or tenement fixtures and chattels for such price as can be reasonably obtained for the same either by public Auction or private Contract and in such manner in all respects as to such trustees or trustee shall seem proper with full power to such trustees or trustee to buy in the same moiety of and in the said messuage or tenement fixtures and chattels respectively at any such junction or to rescind any Contract for the sale thereof and again to sell the same without being responsible for any loss occasioned by such postponed sale

And also for such trustees or trustee to do and execute all such acts and deeds as shall be requisite to effectuate such sale or sales And I declare that my said trustees or trustee shall stand possessed of the monies to arise from such sale or sales after payment of all expences attending or occasioned by the same Upon the Trusts following (that is to say)
Upon Trust that my said trustees or trustee shall and do as soon as conveniently may be after the decease thereof lay out and invest the same in their his or her names or name in some or one of the Parliamentary stocks or funds of Great Britain or at interest upon government or real securities in England or Wales and not elsewhere and shall and do stand possessed of the same monies or the stocks funds or securities in or upon which the same shall be invested

And the interest dividends or annual produce thereof Upon Trust during the natural life of my daughter Frances Effery Evans of Clifton next Bristol Widow to pay and apply such interest dividends or annual produce into her proper hands for her separate use or to such person or persons as she shall from time to time by any note in writing but not by way of occupation? direct
And I declare that the receipt or receipts in writing of the said Frances Effery Evans or of the person or persons to whom she shall order the same to be paid as aforesaid shall be a sufficient discharge for such interest dividends or annual produce or for so much thereof as in such receipt or receipts shall be expressed to be received

And from and after the decease of the said Frances Effery Evans then as to the said trust monies or the stocks funds or securities in or upon which the same shall be invested and the interest dividends and annual produce thereof Upon Trust for Frances Sarah Evans Maria Evans and Robert Evans the three children of the said Frances Effery Evans equally to be divided between them and to be a vested interest in the said Frances Sarah Evans and Maria Evans respectively as and when they shall attain their respective ages of twenty one years or be previously married with the consent of their or her Guardians and to be a vested interest in the said Robert Evans when he shall attain the age of twenty one years

And Upon Trust in the meantime from and after the decease of the said Frances Effery Evans to pay or apply the annual income of the portion or share portions or shares to which for the time being such children or any or either of them shall be presumptively but not actually entitled under the trust aforesaid or so much of such annual income as the said trustees or trustee for the time being shall in their his or her discretion think proper for or towards the maintenance education and support of such children respectively until their his or her portion or share or portions and shares shall become vested or they he or she shall respectively previously die

Provided always that in any year or years the said trustees or trustee shall in pursuance of the said lastly mentioned trust pay or apply for the maintenance and education of any such child or children less than the amount of the annual income of the portion or share or portions or shares to which he she or they shall be respectively entitled as aforesaid Then and in such case and so often as the same shall happen the surplus of such annual income shall be invested by such trustees or trustee in manner aforesaid and be accumulated and go in augmentation of and be held upon and subject to the same trusts powers and provisoes as are by this my will declared and contained of and concerning the portion or share or portions or shares from or in respect of which such surplus shall arise

Yet so nevertheless that it shall be lawful for such trustees or trustee to pay or apply the surplus of the annual income of the portion or share or portions or shares of any such child or children in any preceding year or years for or towards and in increase of his her or their said maintenance and education in any subsequent year or years

And I hereby further direct that it shall be lawful for the said trustees or trustee for the time being in the lifetime of the said Frances Effery Evans and with her consent in writing And after her decease by and with the proper authority of the said trustees or trustee to sell or transfer any part or parts of the expectant share or shares of any such child or children of and in the said trust premises not exceeding one moiety of his her or their expectant share or shares and to pay and apply the monies to arise by such sale or transfer for the advancement in marriage of the said Frances Sarah Evans and Maria Evans respectively or for the placing or putting of them or either of them or the said Robert Evans in or to any Profession Business of Employment or otherwise for their respective advancement or preferment in the world

Notwithstanding their respective shares shall not then have become vested or having become vested shall not then become liable? Provided always and I do hereby declare that if any one or more of the said children of the said Frances Effery Evans shall die before the time or respective times thereinbefore appointed for the vesting of their respective shares of the said trust premises then the share of every child so dying or so much thereof as shall not have been applied for his or her advancement or preferment to the power in that behalf hereinbefore contained shall so ? accrue to the survivors or survivor or others or other of such children in the same manner in all respects as hereinbefore declared with respect to the original shares or share of such survivors or survivor or others or other of such children

And such benefit of survivorship and accruer shall extend as well as to the surviving or accruing as to the original share or shares But in case all such children die before the times hereinbefore appointed for the investing of their respective shares then the said trustees or trustee for the time being shall stand possessed of the said money to arise from the sale of the said last mentioned moiety of the said messuage or tenement fixtures and chattels or the stocks funds or securities in or upon which the same child be invested and the interest dividends and annual produce thereof or so much thereof as shall not have been applied for the advancement of any of the said children under the power for that purpose hereinbefore contained

Upon Trust for such person or persons as at the time of the decease of the survivor of such children shall be my next of kin according to the Statute for the distribution of intestates effects and if more than one then to take in such manner as they would be entitled to take under such Statute
Provided always and I do hereby declare that the last mentioned moiety or half part of the messuage or tenement No. 15 Wellington Crescent fixtures and chattels hereinbefore devised and bequeathed shall not be sold in the lifetime of the said Frances Effery Evans without her consent in writing and that the rents and profits of the same moiety while unsold shall (be) received by the trustees or trustee for the time being of this my Will to be applied in the same manner as the income of the produce of such moiety would if sold be applicable
And I empower my said trustees or trustee in execution of the aforesaid trust for sale of the last mentioned undivided moiety or half part to concur with the person or persons entitled to the other undivided moiety or half part in any arrangement for selling the entirety and apportioning the purchase money
And also with the execution of the said trust for sale to concur with the person or persons last aforesaid in any arrangement or arrangements for letting either as Lodgings or otherwise and from year to year or for any greater or less period but not exceeding the term of seven years in possession and for managing the concerns of the same messuage fixtures chattels and premises

I give devise and bequeath my freehold messuage or tenement No. 16 Wellington Crescent aforesaid with the appurtenances together with all the fixtures household furniture linen glass china and other household effects which shall be in or about the same at the time of my decease unto and to the use of my said daughter Elizabeth Watkins her heirs executors administrators and assigns absolutely
subject nevertheless to and charged with the payment of two hundred pounds sterling which I hereby bequeath unto and equally between my said two daughters Jane Idle Watkins and Frances Effery Evans absolutely and to be paid to them within twelve calendar months after my decease

And I give devise and bequeath my freehold messuage or tenement No. 9 Albion Place Ramsgate aforesaid with the appurtenances together with all the fixtures household furniture linen glass china and other household effects which shall be in or about the same at the time of my decease unto and to the use of my daughter Catherine Watkins her heirs executors administrators and assigns absolutely

I bequeath the sum of five hundred pounds sterling unto my Son George Watkins in addition to the heavy Sums of money I have already paid to him or on his account

I give and bequeath the sum of eight hundred pounds sterling unto the said Jane Idle Watkins Elizabeth Watkins and Stephen Redman upon trust that they or the survivors or survivor of them or other the trustees or trustee for the time being of this my will shall and do as soon as conveniently may be after my decease lay out and invest the same in their his or her names or name in some or one of the Parliamentary stocks or funds of Great Britain or at interest upon government or real securities in England or Wales and not elsewhere

And I direct that my said trustees or trustee shall stand possessed of the said sum of eight hundred pounds or the stocks funds or securities upon which the same shall be invested And the interest dividends and annual produce thereof Upon Trust for my four grandchildren Mary Jane Friday Samuel John Friday Alice Friday and Richard Watkins Friday the children of my late daughter Sarah Friday deceased, equally to be divided between them and to be a vested interest in the said Mary Jane Friday and Alice Friday as and when they shall attain their respective ages of twenty one years or be previously married with the consent of their guardians and to be a vested interested in the said Samuel John Friday and Richard Watkins Friday when they shall attain their respective ages of twenty one years

And I direct that the said Sum of eight hundred pounds of the stocks funds or securities in or upon which the same shall be invested and the interest dividends or annual produce thereof shall be subject to such or the life trusts or powers for maintenance and advancement of my said grandchildren respectively and to such or the life benefit of survivorship and accruer amongst such grandchildren as are hereinbefore declared in and contained with respect to the money to arise from the sale of one moiety of the said messuage or tenement No. 15 Wellington Crescent fixtures amd chattels as aforesaid for the benefit of the children of my said daughter Frances Effery Evans or as near thereto as may be

But in case all such grandchildren shall die before the times hereinbefore appointed for the vesting of their respective shares then the said trustees or trustee for the time being shall stand possessed of the said sum of eight hundred pounds or the stocks funds or securities in or upon which the same shall be invested and the interest dividends and annual produce thereof or so much thereof as shall not have been applied to the advancement of any such Grandchildren under the power for that purpose hereinbefore contained or referred to Upon Trust for such person or persons as at the time of the decease of the survivor of such grandchildren shall be my next of kin according to the Statute for the distribution of intestates effects and if more than one to take in such manner as they would be entitled to take under such Statute

I give devise and bequeath of my real and Personal Estate and Effects not hereinbefore specifically disposed of unto and to the use of the said Jane Idle Watkins Elizabeth Watkins and Stephen Redman their heirs executors administrators and assigns Upon Trust that they or the survivors or survivor of them or other the trustees or trustee for the time being of this my Will shall and do as soon as conveniently may be after my decease absolutely sell and dispose of my residuary real estate for such price as can be reasonably obtained for the same either by public Auction or private Contract and in such manner in all respects as to such trustees or trustee shall seem proper with full power to such trustees or trustee to by in the premises or any part thereof at any such Auction or to rescind any Contract for the sale thereof and again to sell the same without being responsible for any loss occasioned by such postponed sale

And also for such trustees or trustee to do and execute all such acts and deeds as shall be requisite to effectuate the sale thereof And shall and do as soon as conveniently may be after my decease sell get in and dispose of and convert unto money so much of my residuary Personal estate as shall consist of ready money or stock funds or Governmental or real securities and lay out and invest the clear monies which shall arise from residuary real and personal estate as aforesaid after paying all costs charges and expences attending the sale getting in and conversion of the same into money in their his or her names or name in some or one of the Parliamentary stocks or funds of Great Britain or at interest upon Governmental or real securities in England or Wales

And I direct that my said trustees or trustee for the time being shall and do stand possessed of such clear monies or the stocks funds or securities in or upon which the same shall be invested and the interest dividends and annual produce thereof Upon and for the Trusts intents and purposes hereinbefore expressed and declared concerning the same (that is to say)
As to four equal fifth parts thereof Upon trust for my said daughters Jane Idle Watkins Elizabeth Watkins and Catherine Watkins equally to be divided between them as tenants in common for their respective absolute use and benefit
And as to the remaining one fifth part thereof Upon and with such or the like trusts and powers for the benefit of my said daughter Frances Effery Evans and her said three children or for my next of kin as the case may be as are hereinbefore declared and contained with respect to the money to arise from the sale of one moiety of my said messuage or tenement No. 15 Wellington Crescent fixtures and chattels as aforesaid

And I declare that it shall be lawful for my said two daughters Jane Idle Watkins and Elizabeth Watkins or either of them to purchase all or any part or parts of my real estates under either of the trusts for sale thereof hereinbefore respectively contained notwithstanding their acceptance of the office of Trustees and Executors of this my Will

Provided always and I do hereby declare that it shall be lawful for my said three daughters Jane Idle Watkins Elizabeth Watkins and Catherine Watkins to occupy and to have the use and enjoyment of my present dwelling house called Albion Lodge * with the ground and appurtenances thereto belonging And also the household goods and furniture plate linen and china wines spirits and other household effects in or about the same for the period of two years next after my decease without paying any rent or other compensation for the same
* Albion Lodge still exits. Most famous for being the home of comedienne Hattie Jaques of the “Carry on” series of films.

And I direct my said trustees of trustee to pay all rates taxes and assessments and other outgoings payable in respect of the said premises during the said period

I declare that in the meantime until my said residuary real estate shall be sold under the trust for that purpose hereinbefore contained it shall be lawful for the trustees or trustee for the time being of this my Will to let the same either furnished or unfurnished and either as Lodgings or otherwise and from year to year or for any greater or less period not exceeding the term of seven years and generally to manage the same as to my said trustees or trustee shall in his or her discretion seem proper

And I declare that the rent and yearly proceeds to be received in respect of the same premises shall be applied in the manner in which the income of the money to arise by the sale of the said premises is hereinbefore directed to be applied I devise all estates and interests vested in me solely upon any trust or trusts or by way of mortgage in any real or personal estate unto and to the use of my said trustees their heirs and assigns subject to such trust or trusts or to such equity of redemption as may affect the same at the time of my decease but so that the monies due upon any of such mortgage or mortgages if not trust property shall be considered as part of my residuary personal estate

And I declare that it shall be lawful for the trustees or trustee for the time being of this my Will as and when they he or she shall think proper to call in sell transfer or dispose of all or any part or parts of the stocks funds or securities for the time being subject to any of the trusts aforesaid and to lay out and invest the principal monies to arise by such calling in sale transfer or disposition in the names or name of such trustees or trustee in some or one of the parliamentary stocks or funds of Great Britain or at interest upon government or real securities in England or Wales to be from time to time in like manner altered varied and transposed for or into other stocks funds or securities of the like nature when and as often as occasion shall require and that the said trustees or trustee shall stand possessed of all such newer other stocks funds or securities as aforesaid and the interest dividends and annual produce thereof Upon and with such and the same trusts and powers as are hereinbefore declared and contained or referred to concerning the trust premises which shall be so sold transferred or disposed of as aforesaid and the interest dividends and annual produce thereof or as near thereto may be

And I further declare that the receipt or receipts of such trustees or trustee for the time being of this my will shall be a good and effectual release and discharge for all monies which shall come to their his or her hands by virtue of this my will or for so much of such monies as in such receipt or receipts shall be acknowledged to be received and that the person or persons paying any such monies and taking such receipt or receipts for the same as aforesaid shall not afterwards be obliged to see to the application or be in any wise answerable or accountable for the loss misapplication or nonapplication thereof or of any part thereof

And I further declare that in case the trustees hereby nominated and appointed or any or either of them or any succeeding or other trustees or trustee to be nominated as hereinafter mentioned shall happen to die or be desirous to be discharged from or refuse neglect or become incapable or unfit to act in the trusts or powers hereinbefore declared and contained or shall go to reside beyond (the) seas before the same trusts and powers shall have been fully performed or satisfied then and so often as the same shall happen it shall be lawful for the surviving or continuing or other trustee or trustees whether continuing or declining to act or for the proving executor or executor or the administrators or administrator of the last surviving or continuing trustee by any deed to nominate and appoint any other person or persons to be a trustee or trustees in the place or stead of the trustee or trustees so dying desiring to be discharged or refusing neglecting or becoming incapable or unfit to act or going to reside beyond seas as aforesaid

And that when and so often as any such new trustee or trustees shall be appointed as aforesaid all the trust estate and premises shall thereupon be legally and effectually vested in the newly appointed trustee or trustees jointly with such of the former trustee or trustees as shall be living and continuing to act or in case there shall be no such surviving or continuing trustee thereof then in such new trustee or trustees only upon and for the trusts intents and purposes hereinbefore declared concerning the same or such of them as shall be then subsisting undetermined and capable of taking effect

And that such new trustee or trustees shall and may in all things act in the execution of the trusts and powers herein declared and contained as fully and effectually as if he or they had been originally hereby appointed And as to the trustee or trustees in or to whose place or stead he or they shall come or succeed could or might have done under or by virtue of this my will And I declare that the trustees or trustee for the time being of this my will shall be chargeable only for so much money as they shall respectively actually receive by this my will notwithstanding their joining in receipts for conformity and that they shall be answerable for their own respective acts receipts neglects and defaults only and shall not be answerable for any misfortune loss or damage which my happen in the execution of any of the aforesaid trusts or in relation thereto unless the same shall happen through their wilful neglect or default respectively

Also that the said trustees respectively shall and may by and out of the monies which shall come to their respective hands under the trusts or powers aforesaid retain to and reimburse themselves respectively and allow to their respective Co trustee and Co trustees all loses costs damages and expences which they respectively shall suffer sustain or be put unto on account or by reason or in consequence of the trusts hereby in them reposed or the management or execution thereof or otherwise howsoever relating thereto

I nominate and appoint the said Jane Idle Watkins Elizabeth Watkins and Stephen Redman Executors of this my Will
And I revoke all other Wills by me at any time heretofore made and declare this to be my last Will and Testament

In Witness whereof I the said Samuel Watkins the testator have to this my last Will and Testament contained in eleven sheets of paper annexed together set my hand the fourth day of March in the year of our Lord one thousand eight hundred and forty four
Samuel Watkins

Signed by the said Samuel Watkins the testator as and for his last will and testament in the joint presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as Witnesses
Jas. B. Edwards Solr Ramsgate - H.P. Hammond Junr Clerk to Messrs Edwards Solr Ramsgate

Proved at London 18th March 1845 before the Judge by the Oaths of Jane Idle Watkins spinster the daughter and Stephen Redman two of the executors to whom Admon. [Administration] was granted having been first sworn to wit the said Jane Idle Watkins by Commission and the said Stephen Redman before the Worshipful Augustus Frederic Bayford Doctor of Laws and Surrogate duly to administer
Power reserved of making the like grant to Elizabeth Watkins Spinster the daughter also the other Executor when she shall apply for the same

Notes:
The following notes are NOT confirmed for accuracy but to give you a starting point to investigate further and (hopefully) are reasonably accurate. I hope they help.
Samuel Watkins was buried on 25th January 1845 aged 80 at St. George, Ramsgate.
Wife Sarah Watkins pre-deceased Samuel and was buried on 28th December 1829 aged 57 at St. George, Ramsgate.
Wellington Crescent still exists and is now mostly the large houses converted into 4 or 5 flats.
Samuel Watkins of Chepstow Monmouthshire Bachelor married Sarah Biggenden by Licence on 25th January 1796 at St. Lawrence, Thanet, Kent.
Children found (in the UK):
5 Nov 1796 Samuel Williams; N 15 Oct 1805, Ch: 5 Jan 1806 Mary Ann – both at St. Lawrence in the Isle of Thanet.
Frances Effery Evans died in Bristol in the Clifton Registration district, aged 78 in the September quarter of 1876.
See “Find a Grave” for a biography.

Transcribed by Shelagh Mason 28th April 2020


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Will of Samuel Watkins
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