Will of Thomas Wells

of Cobham, Kent

I give to my wife Susanna Wells for and during the term of her life One Annuity or clear yearly sum of thirty pounds of lawful English money payable by half yearly payments the first half yearly payment to be made at the expiration of Six months next after my decease
and I hereby declare and direct that the said Annuity shall be payable to my said Wife clear of all deductions over and above what she is entitled to out of and from a certain Farm and lands situate in the Isle of Grain now in the occupation of Messrs Lake or out of and from the monies arising from the sale of the said Farm and Lands in case the same shall be sold

Also I give to my said Wife all my Household Goods and Furniture Plate Linen and China for and during the term of her natural life and from and after her decease I give the same Household Goods and Furniture Plate Linen and China into my son William Pemble Wells his Executors Admors and Assigns

I give the sum of one thousand two hundred pounds of lawful English money unto my sons William Pemble Wells and Thomas Wells their Executors Admors and Assigns Upon the Trusts following that is to say
In Trust to pay the interest thereof into the proper hands of my daughter Mary the Wife of Thomas English of Yalding in the said County Victualler or to the hand of such person or persons as she shall by any note or writing under her hand from time to time /but not by way of anticipation /appoint to receive the same during her life To the intent that the same may be for the sole & separate use of my said daughter and may not be subject to the debts control disposition or engagements of her said Husband or of any other person or persons with whom she may after his death happen to intermarry
and I direct that the interest of the same principal sum shall be computed from the expiration of One year from the day of my decease and be payable by half yearly payments the first half yearly payment to be made at the expiration of one year and one half of a year from the day of my decease and shall be charged and chargeable upon my real and personal Estate devised and bequeathed to or in trust for my said son William Pemble Wells as hereinafter mentioned
and I direct that the receipt or receipts of my said daughter or of such person or persons as she shall appoint to receive the same and her or their receipt or receipts only shall be a good and sufficient discharge and good & sufficient discharges to the person or persons paying the same for so much thereof as in such receipt or receipts shall be expressed to be received

and from and after the decease of my said daughter the said sum of One thousand two hundred pounds shall be In Trust for all and every the Child and Children of my said daughter equally to be divided between and amongst them their respective Executors Administrators and assigns but in case any of them shall be under the age of Twenty One years in that case and thenceforth as well the original share as every other share of him her or them so dying of and in the same sum shall be In Trust for the others or other of them equally to be divided between or amongst them if more than one but shall not be payable or transferable sooner than the original share or shares of such others or other of them shall become payable or transferable

And if it shall happen that all the children of my said daughter shall die under the age of Twenty one years in that case the said sum of One thousand two hundred pounds shall be Upon the Trusts following that is to say
As to the sum of Four hundred pounds part thereof upon such Trusts and with such benefit of Survivorship or Accruer and provisions for maintenance in favor and for the benefit of my daughter Catherine Stevens and her Children as are hereinafter declared of and concerning the sum of One thousand two hundred pounds hereinafter given to my sons William Pemble Wells and Thomas Wells for her and their benefit or as near thereto as the deaths of persons & other circumstances will admit
And as to the sum of Four hundred pounds other part of the said sum of One thousand two hundred pounds upon such Trusts and with such benefit of Survivorship or Accruer and provisions for maintenance in favor and for the benefit of my daughter Susanna Blunden and her children as are hereinafter declared of and concerning the sum of One thousand two hundred pounds hereinafter given to my said sons William Pemble Wells and Thomas Wells for her and their benefit or as near thereto as the deaths of persons and other Circumstances will admit
And as to the sum of Four hundred pounds residue of the said sum of One thousand two hundred pounds upon such Trusts and with such benefit of Survivorship or Accruer and provisions for maintenance in favor and for the benefit of my daughter Elizabeth Wells and her Children as are hereinafter declared of and concerning the sum of One thousand four hundred pounds hereinafter given to my said sons William Pemble Wells and Thomas Wells for her and their benefit or as near thereto as the deaths of persons and other Circumstances will admit

and I direct that from and after the decease of my said daughter Mary English and during the minorities of her said Children the interest of the said sum of One thousand two hundred pounds shall be applied for and towards the maintenance education and benefit of the same Children until their respective shares or his or her share of the principal shall become payable in proportion to their respective shares therein in such manner as the trustees or Trustees for the time being of this my Will shall think proper

I give the further sum of One thousand two hundred pounds of like lawful money unto my said sons William Pemble Wells and Thomas Wells their Executors Admors & Assigns upon the Trusts following that is to say
In Trust to pay the interest thereof into the proper hands of my said daughter Catherine the wife of Edmund Stevens of Cobham aforesaid Grocer or to the hands of such persons or persons as she shall by any Note or Writing under her hand from time to time /but not by way of anticipation/ appoint to receive the same during her life to the intent that the same may be for the sole and separate use of my said last mentioned daughter and may not be subject to the debts Control disposition or engagements of her said Husband or of any other person or person with whom she may after his decease happen to intermarry
and I direct that the interest of the said last mentioned principal sum shall be Computed from the expiration of One year from the day of my decease and be payable by half yearly payments the first half yearly payment to be made at the expiration of One year and one half of a year from the day of my decease and shall be charged and chargeable upon my real & personal Estate devised and bequeathed to or in trust for my said son William Pemble Wells as hereinafter mentioned
and I direct that the receipt or receipts of my said last mentioned daughter or of such person or persons as she shall appoint to receive the same and her or their receipt or receipts only shall be a good and sufficient discharge and good and sufficient discharges to the person or persons paying the same for so much thereof as in such receipt or receipts shall be expressed to be received

and from and after the decease of my said last mentioned daughter the said last mentioned sum of One thousand two hundred pounds shall be In Trust for all and every the Child and Children of my said last mentioned daughter equally to be divided between and amongst them their respective Executors Admors and Assigns But in case any of them should die under age of Twenty one years in that case and thenceforth as well the original share as every other share of him her or them so dying of and in the said last mentioned sum shall be in Trust for the others or other of them equally to be divided between or amongst them if more than one but shall not be payable or transferable sooner than the original share or shares of such others or other of them shall become payable or transferable

And if it shall happen that all the Children of my said last mentioned daughter shall die under the age of Twenty one years in that case the said last mentioned sum of One thousand two hundred pounds shall be upon the Trusts following that is to say
As to the sum of Four hundred pounds part thereof upon such Trusts and with such benefit of Survivorship or accruer and provisions for maintenance in favor and for the benefit of my said daughter Mary English and her Children as are hereinbefore declared of and concerning the sum of One thousand two hundred pounds herein before given to my said sons William Pemble Wells and Thomas Wells for her and their benefit or as near thereto as the deaths of persons and other Circumstances will admit
and as to the sum of Four hundred pounds other part of the said sum of One thousand two hundred pounds upon such Trusts and with such benefit of Survivorship or Accruer and provisions for maintenance in favor and for the benefit of my said daughter Susanna Blunden and her Children as are hereinafter declared of and concerning the sum of One thousand two hundred pounds hereinafter given to my said sons William Pemble Wells and Thomas Wells for her and their benefit or as near thereto as the deaths of persons and other Circumstances will admit
and as to the sum of Four hundred pounds residue of the said sum of One thousand two hundred pounds upon such Trusts and with such benefit of Survivorship or Accruer and provisions for maintenance in favor and for the benefit of my said daughter Elizabeth Wells and her Children as are hereinafter declared of and concerning the said sum of One thousand four hundred pounds hereinafter given to my said sons William Pemble Wells and Thomas Wells for her and their benefit or as near thereto as the deaths of persons and other Circumstances will admit

And I direct that from and after the decease of my said last mentioned daughter Catherine Stevens and during the minorities of her said Children the interest of the said last mentioned sum of One thousand two Hundred pounds shall be applied for and towards the maintenance education and benefit of the same Children until their respective shares or his or her share of the principal shall become payable in proportion to their respective shares therein in such manner as the Trustees or Trustee for the time being of this my Will shall think proper

I give the further sum of One thousand two hundred pounds of like lawful money unto my sons William Pemble Wells & Thomas Wells their executors Admors and Assigns Upon the Trusts following that is to say
In Trust to pay the interest thereof into the proper hands of my daughter Susanna the wife of William Blunden of Mereworth in the said County yeoman or to the hands of such person or persons as she shall be any Note or Writing under her hand from time to time /but not by way of anticipation/ appoint to receive the same during her life To the intent that the same may be for the sole and separate use of my said last mentioned daughter and may not be subject to the debts control dispositions or engagements of her said Husband or of any other person or persons with whom she may after his decease happen to intermarry
and I direct the interest of the last mentioned principal sum shall be computed from the expiration of One year from the day of my decease and be payable by half yearly payments the first half yearly payment to be made at the expiration of One year and one half of a year from the day of my decease and shall be charged and chargeable upon my real and personal Estate devised and bequeath to or in trust for my said son William Pemble Wells as hereinafter mentioned
and I direct that the receipt or receipts of my said last mentioned daughter or of such person or persons as she shall appoint to receive the same and her or their receipt or receipts only shall be a good and sufficient discharge and good and sufficient discharges to the person or persons paying the same for so much thereof as in such receipt or receipts shall be expressed to be received

and from and after the decease of my said last mentioned daughter the said last mentioned sum of One thousand two hundred pounds shall be In Trust for all and every the Child and Children of my said last mentioned daughter equally to be divided between and amongst them their respective Executors Admors and Assigns but in case any of them shall be under the age of twenty one years in that case and thenceforth as well the original share as every other share of him her or them so dying of and in the same last mentioned sum shall be In Trust for the other or others of them equally to be divided between and amongst them if more than one but shall not be payable or transferable sooner than the original share or shares of such others or other of them shall become payable or transferable

and if it shall happen that all the children of my said last mentioned daughter shall die under the age of twenty one years in that case the said last mentioned sum of One thousand two hundred pounds shall be upon the Trusts following that is to say
As to the sum of Four hundred pounds part thereof Upon such Trusts and with such benefit of Survivorship or Accruer and provisions for maintenance in favor and for the benefit of my said daughter Mary English and her Children as are hereinbefore declared of and concerning the sum of One thousand two hundred pounds hereinbefore given to my said sons William Pemble Wells and Thomas Wells for her and their benefit or as near thereto as the deaths of persons and other Circumstances will admit
and as to the sum of Four Hundred pounds other part of the said sum of One thousand two hundred pounds Upon such Trusts and with such benefit of Survivorship or Accruer and provisions for maintenance in favor and for the benefit of my said daughter Catherine Stevens and her Children as are herein before declared of and concerning the sum of One thousand two hundred pounds hereinbefore given to my said sons William Pemble Wells and Thomas Wells for her and their benefit or as near thereto as the deaths of persons and other circumstances will admit
And as to the sum of Four Hundred pounds residue of the said sum of One thousand two hundred pounds upon such Trusts and with such benefit of Survivorship or Accruer and provisions for maintenance in favor and for the benefit of my said daughter Elizabeth Wells and her Children as are hereinafter declared of and concerning the sum of One thousand four hundred pounds hereinafter given to my said sons William Pemble Wells and Thomas Wells for her and their benefit or as near thereto as the deaths of persons and other Circumstances will admit

and I direct that from and after the decease of my said last mentioned daughter Susanna Blunden and during the minorities of her said Children the interest of the said last mentioned sum of One thousand two hundred pounds shall be applied for and towards the maintenance education and benefit of the same Children until their respective shares or his or her share of the principal shall become payable in proportion to their respective shares therein in such manner as the Trustees or Trustee for the time being of this my Will shall think proper

I give the sum of One thousand four Hundred pounds of like lawful money unto my said sons William Pemble Wells and Thomas Wells their Executors Admors and Assigns upon the Trusts following that is to say
In Trust to pay the interest thereof into the proper hands of my daughter Elizabeth Wells or to the hands of such person or persons as she whether or married by any note or writing under her hand shall from time to time /but not by way of anticipation/ appoint to receive the same during her life To the intent that the same may be for the sole and separate use of my said daughter Elizabeth Wells and may not be subject to the debts control disposition or engagements of any person or persons with whom she may hereafter happen to intermarry
And I direct that the interest of the said last-mentioned principal sum shall be Computed from the expiration of one year from the day of my decease and be payable by half yearly payments the first half yearly payment to be made at the expiration of one year & one half year from the day of my decease and shall be charged and chargeable upon my real and personal Estate devised and bequeathed to or in trust for my said son William Pemble Wells as hereinafter mentioned
and direct that the receipt or receipts of my said daughter Elizabeth Wells or of such person or persons as she shall appoint to receive the same and her or their receipt or receipts only shall be a good and sufficient discharge and good and sufficient discharges to the person or persons paying the same for so much thereof as in such receipt or receipts shall be expressed to be received

and from and after the decease of my said daughter Elizabeth Wells the said sum of One thousand four hundred pounds shall be in Trust for all and every the Child and Children of my said daughter Elizabeth Wells equally to be divided between and amongst them their respective Executors Admors and Assigns but in case any of them shall die under the age of twenty one years in that case and thenceforth as well the original share as every other share of him her or them so dying of and in the same last mentioned sum shall be In Trust for the others or other of them equally to be divided between or amongst them if more than one but shall not be payable or transferable sooner than the Original share or shares of such others or other of them shall become payable or transferable

and if it shall happen that my said daughter Elizabeth Wells shall not have any Child or Children or having such Child or Children all the same Children shall die under the age of twenty one years in that case the said sum of One thousand four hundred pounds shall be upon the Trusts following that is to say
As to the sum of Four Hundred and sixty six pounds thirteen shillings and four pence part thereof upon such trusts and with such benefit of Survivorship or Accruer and provisions for maintenance in favor and for the benefit of my said daughter Mary English and her Children as are hereinbefore declared of and concerning the sum of One thousand two hundred hereinbefore given to my said sons William Pemble Wells and Thomas Wells for her and their benefit or as near thereto as the deaths of persons and other Circumstances will admit
And as to the sum of four hundred and sixty six pounds thirteen shillings and four pence other part of the said sum of One thousand four hundred pounds upon such Trusts and with such benefit of Survivorship or Accruer and provisions for maintenance in favor and for the benefit of my said daughter Catherine Stevens and her Children as are hereinbefore declared of & concerning the sum of One thousand two hundred pounds hereinbefore given to my said sons William Pemble Wells and Thomas Wells for her and their benefit or as near thereto as the deaths of persons and other circumstances will admit
And as to the sum of Four hundred & sixty six pounds thirteen shillings and four pence residue of the said sum of One thousand four hundred pounds Upon such trusts and with such benefit of Survivorship or accruer and provisions for maintenance in favor and for the benefit of my said daughter Susannah Blunden and her Children as hereinbefore declared of and concerning the sum of One thousand two hundred pounds hereinbefore given to my said sons William Pemble Wells and Thomas Wells for her and their benefit or as near thereto as the deaths of persons and other circumstances will admit

And I direct that from and after the decease of my said daughter Elizabeth Wells and during the minorities of her said Children /if any/ the interest of the said sum of One thousand four hundred pounds shall be applied for and towards the maintenance education and benefit of the same Children and their respective shares or his or her share of the principal shall become payable in proportion to their respective shares therein in such manner as the Trustees or Trustee for the time being of this my Will shall think proper

and I hereby declare and direct that the respective Legacy hereby provided and intended for each daughter respectively shall not be raised or paid until after the death of each such daughter to whom each respective Legacy shall belong and whilst any of the Children of each such daughter respectively shall be under the age of twenty one years but that in the mean time and until the death of each such daughter respectively and until the youngest of the Children of each such respective daughter shall attain his or her age of twenty one years interest at the rate of Five pounds per Cent per Annum shall continue to be paid by my said son William Pemble Wells his heirs and assigns on and for each respective Legacy out of and from my real and Personal Estate devised & bequeathed to him as hereinafter mentioned

I give to my said son Thomas Wells his Executors Admors and Assigns the sum of Two hundred pounds of like lawful money to be paid within one year next after my decease over and above what he has received and what I have paid and advanced to or for him or laid out and expended for his use & benefit

and I give and devise all my Freehold messuages lands tenements and Heredit[ament]s and all my parts and shares of messuages lands tenements and heredits situate in the several Parishes of Ware and Great Amwell or elsewhere in the County of Hertford unto and to the use of my said sons William Pemble Wells and Thomas Wells their respective heirs and Assigns for ever as Tenants in Common and not as joint Tenants
and in case either of my same sons shall happen to die in my lifetime without leaving lawful issue living at the time of his decease Then I give and devise the same Freehold messuages lands tenements and heredits and parts and shares of messuages lands tenements and heredits situate in the said Parishes of Ware and Great Amwell or elsewhere in the said County of Hertford unto and to the survivor of them my said sons his heirs and assigns for ever

I give and devise all my Freehold messuages lands tenements and heredits situate and being in the Parish of Cuxton in the said County of Kent unto and to the use of my said son William Pemble Wells his heirs and Assigns for ever

And I give and bequeath all my Leasehold messuages or tenements lands and premises situate in the said Parish of Cobham or elsewhere and all such Estate and interest as I shall have therein at my decease and all the Residues of my Personal Estate and Effects wheresoever and of what nature or kind soever not hereinbefore bequeathed unto my said sons William Pemble Wells and Thomas Wells their Executors Admors and Assigns Upon Trust to sell and dispose of get in and convert the same except my Leasehold Estates into money and by and out of the money therefrom arising to pay the expenses of my Funeral and the Charges of proving and carrying into execution this my Will and all the debts which I shall owe at the time of my decease and the Annuity of thirty pounds and also all the pecunary Legacies and sums of money by this my Will given and bequeathed as and when the same shall become raiseable and payable in pursuance of the Trusts of this my Will

and as to the surplus /if any/ of the money to arise or be produced from my said Residuary Personal Estate the same shall be In Trust for my said son William Pemble Wells his Executors Admors and Assigns for his and their own absolute use and benefit

and I give devise direct limit and appoint All that my Freehold Rectory or Parsonage of Cobham in the said County of Kent and all tithes Oblations obvention portions emoluments rights members and Appurt[enance]s whatsoever therefrom arising and all other my Freehold messuages lands tenements and heredits situate and being in the said Parish of Cobham and all other my real Estate whatsoever with the Appurts /not hereinbefore devised/ unto and to the use of my said Sons William Pemble Wells and Thomas Wells their heirs and Assigns for ever Upon the Trusts following that is to say

Upon Trust in the first place by and out of the rents issues & profits of the said Freehold Rectory and Residuary real Estate or by mortgage thereof or of a Competent part thereof or by all or any of the same ways or means pay & satisfy my debts and Funeral and Testamentary Charges and the said Annuity & Legacies in case my residuary Personal Estate hereinbefore bequeathed shall in the judgement of the Trustees and Executors for the time being of this my Will appear to be deficient for the payment of my debts and Funeral and Testamentary Charges and the said Annuity and the pecunary Legacies and sums of money hereinbefore bequeathed and directed to be raised and paid thereout in pursuance of the Trusts of this my Will that they my said Trustees their heirs and assigns shall whilst my said Freehold Rectory and other my said residuary real Estate shall remain chargeable with the said several Legacies and bequests or any or other of them or the interest thereof respectively by mortgage of all or any part or parts of my said Freehold Rectory and Residuary real Estate hereinbefore devised or by and out of the rents issues and profits thereof or by all or any of the same ways or means raise and levy when the same shall respectively become raiseable or payable under and in pursuance of the Trusts of this my Will such sum or sums as they shall judge necessary or expedient for the supplying & making good of such deficiency and do and shall apply the money so to be raised for answering for that purpose accordingly and subject and without prejudice to the Trusts aforesaid my said Freehold Rectory and other my said residuary real Estate shall be upon Trust for my said son William Pemble Wells his heirs and Assigns for ever

and I declare and direct that the receipt or receipts of my said Trustees and Executors and the survivors or survivor of them or the Trustees or Trustee for the time being under this my Will shall be a good and sufficient discharge and good and sufficient discharges to the mortgage or mortgages of my said Freehold Rectory and residuary real Estate so to be mortgaged as aforesaid or any of them or any part or parts thereof and to his her and their respective heirs Executors Admors and Assigns for so much of the mortgage money as shall be therein acknowledged to be received and that such mortgage or mortgages his her or their heirs executors Admors or Assigns shall not be answerable or accountable for any loss misapplication or nonapplication of such mortgage money so received or any part thereof or be obliged or concerned to enquire into the necessity of making such mortgage or mortgages

And I declare and direct that if my said sons William Pemble Wells and Thomas Wells or any or other of them shall die or refuse or decline to act in the Trusts of this my Will then a new Trustee or Trustees may be appointed by the Trustees or Trustee so declining to act or the executors or Admors of such of them as shall so die And the said trust Estates monies and premises shall in that case be conveyed and assured so as to be vested in such new and such surviving & continuing Trustees or trustee upon the same trusts and with the same powers as are hereinbefore mentioned and declared and so from time to time as often as that case shall happen

and I appoint my said sons William Pemble Wells and Thomas Wells Executors of this my Will
And I declare that my said Executors and Trustees and the Trustees or Trustee for the time being of this my Will shall not be answerable one for another and by no means for involuntary losses and that they shall be allowed and may retain to and reimburse themselves all their Costs Charges damages and expences to be occasioned by the due execution of the Trusts hereby in them reposed
and I herby revoke all my former Wills

In Witness whereof I the said Thomas Wells the Testator have to this my last Will and Testament contained in ten sheets of paper set my hand and seal that is to say my hand to the first nine sheets thereof and my hand and seal to this tenth and last sheet this twenty third day of March in the year of our Lord one thousand eight hundred and thirty one Thos Wells (L.S.)

Signed sealed published and declared by the said Thomas Wells the Testator as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses the word 'pounds' between the thirteenth & fourteenth lines of the fourth sheet having been first interlined and the words 'Mary English' between the thirty second and thirty third lines of the second sheet and the words 'Catherine Stevens' between the eleventh and twelfth lines of the fourth sheet and the words 'for maintenance' between the twenty sixth and twenty seventh lines and the words 'Susannah Blunden' between the thirty second and thirty third lines of the fifth sheet and the words 'and the Annuity of thirty pounds' between the seventeenth and eighteenth lines of the eighth sheet and the words 'and the said annuity and Legacies' between the first and second lines and the words 'the said annuity and' between the fifth and sixth lines of the ninth sheet having been first also interlined.
Jas. Edmed Sol[icito]r Gravsesend. -- John Heart Innholder? Gravesend -- Jas. Tadman Parrock Place Milton next Gravesend

Proved at London 5th June 1837 before the Worshipful William Robinson Doctor Laws & Surrogate by the Oath of William Pemble Wells the Son One of the Executors to whom Admon was granted having been first sworn duly to administer
power reserved of making the like Grant to Thomas Wells also the son the other Executor when he shall apply for the same.

Note: Thomas Wells was buried in St Mary Magdalene, Cobham, Kent on 4 Jan 1837. His is the oldest interment in the Parsonage Vault, which contains 18 members of the family in four generations.

This is the last Will and Testament of me Thomas Wells of the Parsonage Cobham in the County of Kent Esquire
First I nominate constitute and appoint my nephew Thomas Stevens, Thomas Henry Baker of Owletts Cobham aforesaid Esquire and Evan Lake of Melton next Gravesend in the said County of Kent Gentleman Executors and Trustees of this my will then I direct that all my just debts funeral and testamentary expenses be fully paid and satisfied.

I give and bequeath unto Clara the daughter of my deceased brother in law David Shearman and now the wife of Arthur Huggins a legacy of five hundred pounds sterling which I direct to paid to her within six calendar months after my decease for her own absolute use and benefit free from the debts control or engagements of her present or any future husband and I declare that her receipt notwithstanding such coverture shall be a valid and effectual discharge for the same

I give and bequeath unto my nephew George Wells English a legacy of eighteen thousand pounds sterling which I direct to be paid to him within six calendar months after my decease.
I give and bequeath unto my nephew William Pemble Wells English a legacy of eighteen thousand pounds sterling which I direct to be paid to him within six calendar months after my decease.
I give and bequeath unto my niece Elizabeth Doherty the wife of Mr John Doherty a legacy of eighteen thousand pounds sterling for her own absolute use and benefit free from the debts control or engagements of her present or any future husband and I declare that her receipt notwithstanding her present or any future coverture shall be a valid and effectual discharge for the same

I also give and bequeath unto my said trustees and the survivors or survivor of them and the executors or administrators of such survivor the sum of four thousand five hundred pounds sterling upon trust to place out and invest the same upon Government or real securities with power to vary all or any of such investments and securities and from time to time to pay the annual produce and income arising therefrom into the proper hands of my niece Emma Stevens for and during her life whose receipt alone shall be a sufficient discharge to my said trustees so that the same may be for her sole and separate use and benefit free from the control debts or engagements of any husband and so that my said niece Emma Stevens may not have power to alienate dispose of or receive the same by way of anticipation
And after the decease of my said niece Emma Stevens upon further trust to divide the capital of the said sum of four thousand five hundred pounds sterling and all accumulations of interest and dividends thereon unto and amongst any child or children or issue of my said niece Emma Stevens lawfully begotten as shall live to attain the age of twenty one years or being a daughter or daughters shall live to attain that age or be married or be divided between or among them in equal shares and proportions but so that the child or the children collectively of any deceased child of my said niece Emma Stevens shall take such share only as his her or their parent would have taken if living
and if my said niece Emma Stevens should die without leaving lawful issue then I give and bequeath the said and last mentioned sum of four thousand five hundred pounds sterling unto Thomas Baker the son of my niece Catherine Baker widow and Edmund Stevens the son of my nephew William Stevens deceased equally to be divided between them
and if either or both of them the said Thomas Baker and Edmund Stevens should depart this life in the lifetime of the said Emma Stevens without leaving lawful issue then I give and bequeath the share of such one of them so dying of and in the said last mentioned sum of four thousand five hundred pounds sterling
and in the event of both of them so dying then the whole of the said sum of four thousand five hundred Pounds sterling unto my said niece Elizabeth Doherty her executors administrators and assigns absolutely free from the debts control or engagements of her present or any future husband and I declare that her receipt notwithstanding her present or any future coverture shall be a valid and effectual discharge of the same

I give and bequeath unto my said trustees and the survivors or survivor of them or the executors or administrators of such survivor the sum of two thousand five hundred ponds sterling upon trust to place out and invest the same upon Government or real securities with power to vary all or any such investments and securities and from time to time to pay the annual produce and income arising therefrom into the proper hands of my niece Martha Virtue formerly Martha Blunden during her life whose receipt alone shall be a sufficient discharge to my said trustees so that the same be for her sole and separate use and benefit free from the control debts and engagements of her present or any future husband and so that my said niece may not have power to alienate dispose of or receive the same by way of anticipation.
And after the decease of my said niece Martha Virtue upon further trust for any child or children or issue of my said niece Martha Virtue lawfully begotten as shall live to attain the age of twenty one years or being a daughter or daughters shall live to attain that age or be married to be divided between or amongst them in equal shares and proportions but so that the child or children collectively of any deceased child of my said niece Martha Virtue shall take such share only as his or her or their parent would have taken if living
And if my said niece Martha Virtue should die without having lawful issue then upon further trust to transfer or divide the capital of the said sum of two thousand five hundred pounds sterling and all accumulations of interest and dividends thereon to and among such of the children of my said niece Elizabeth Doherty as shall be born of her present marriage either before or after the decease of my said niece Martha Virtue and shall attain the age of twenty one years or marry in equal shares and proportions

I also give and bequeath unto my said trustees and the survivors and survivor of them and the executors or administrators of such survivor the further sum of two thousand pounds sterling upon trust to place out and invest the same upon Government or real securities with power to vary all or any of such investments and securities and from time to time to pay the annual produce and income arising therefrom into the proper hands of my niece Catherine Baker widow formerly Catherine Stevens during her life whose receipt alone shall be a sufficient discharge to my said trustees so that the same be for her sole and separate use and benefit free from the control debts and engagements of any future husband and so that my said niece Catherine Baker may not have power to alienate dispose or receive the same by way of anticipation
And upon the decease of my said niece Catherine Baker upon further trust to pay the said sum of two thousand pounds sterling and all accumulations of interest and dividends thence to her son Thomas Baker by her late husband Benjamin Baker and if the said Thomas Baker the son of my said niece Catherine Baker should die in the lifetime of his said mother without leaving lawful issue who being a son or sons shall live to attain the age of twenty one years or being a daughter or daughters shall live to attain that age or be married then after the decease of my said niece Catherine Baker upon further trust to pay and transfer the said sum of two thousand pounds sterling and all accumulations of interest and dividends thereon unto my said nephew Thomas Stevens his heirs and assigns for ever

I give and bequeath unto the said Thomas Baker the son of my said niece Catherine Baker the sum of one thousand pounds sterling to be paid to him within six calendar months after my decease.
I give and bequeath unto Edmund Stevens the son of my deceased nephew William Stevens the sum of two thousand pounds sterling to be paid to him within six calendar months after my decease

I also give and bequeath unto my said trustees and the survivor of them and the executors and administrators of such survivor the further sum of one thousand pounds sterling upon trust to place out and invest the same upon Government or real securities with power to vary all or any such investments and securities and from time to time to pay the annual produce and income arising therefrom unto the mother of the said Edmund Stevens for the term of her natural life whose receipt alone shall be a sufficient discharge to my said trustees so that the same be for her sole and separate use and benefit free from the control debts and engagements of any future husband without the power to alienate dispose of or receive the same by way of anticipation
and after the decease of the mother of the said Edmund Stevens upon trust to pay and transfer the said last mentioned sum of one thousand pounds sterling and all interest and dividends thereon unto her son the said Edmund Stevens for his own absolute use and benefit
But if the said Edmund Stevens should die in the lifetime of his said mother without leaving lawful issue who being a son or sons shall live to attain the age of twenty one years or being a daughter or daughters shall live to attain that age or be married then upon the decease of his said mother upon trust to pay and transfer the said sum of one thousand pounds sterling unto my said nephew Thomas Stevens for his own absolute use and benefit

I give and bequeath unto the said Thomas Henry Baker nineteen pounds and nineteen shillings sterling and I especially declare that the said Evan Lake shall be entitled to make the usual professional charges for business transacted and done for and on behalf of my trust estate any rule of equity to the contrary notwithstanding

and I give and bequeath unto Fanny Porter now living in my service as my housekeeper if she shall be in my service at my decease the sum of one hundred and fifty pounds sterling free of legacy duty
and I give and bequeath unto Richard Mungeam my gardener if he shall be in my service at my decease the sum of nineteen pounds and nineteen shillings
and I direct that all legacies hereinbefore given by this my will shall be paid within six calendar months after my decease and free of legacy duty
And if my personal estate and effects should be insufficient for the payment of the said bequests and legacies and the duty thereon the deficiency I direct shall be a charge upon and payable out of my real estate

I give devise and bequeath all the rest residue and remainder of my property both real and personal unto my said nephew Thomas Stevens his heirs executors administrators and assigns for ever for his and their own use and benefit absolutely free from all trusts claims and demands by or on the part of my heirs at law next of kin or any other person or persons whomsoever

And I hereby authorise and empower my said trustees if they shall think fit to continue any part of my residuary estate upon the security in which the same may be invested at the time of my decease And also in their sole discretion from time to time to alter vary and transpose the same for or into other stocks funds or securities of the same or a like nature
And I further direct and declare that if my said trustees or trustee for the time being should think proper to delay the conversion of any portion of my real or personal estate and if it should be found to be inconvenient to pay and discharge any one or more of the legacies herein before bequeathed when and as soon as they become due and payable then and in such case I empower my executors and trustees for the time being to postpone the payment of such legacy or legacies respectively for such period or periods not exceeding eighteen calendar months from the time of my decease as my said executors and trustees shall think proper they paying at the expiration of six calendar months from the time of my decease to the person or persons whose legacy or legacies respectively shall be so postponed interest thereon at the rate of four pounds per cent per annum during the period of such postponement

I give and devise unto my said trustee or trustees for the time being all such real estates as are vested in me as mortgagee or trustee To hold the same unto and to the use of the said trustees their heirs and assigns for ever or for all my estate and interest therein subject nevertheless to the equities affecting the same respectively and to the intent that such of the trusts and purposes affecting the said trust premises as at the time of my decease shall be subsisting may be carried into effect and that the receipt in writing of my said trustees or trustee for any trust monies or trust property shall discharge the person or persons paying or transferring the same from all responsibility in respect of the application thereof

Provided always and I further declare that the trustees or trustee for the time being of this my will shall not be answerable or accountable the one for the others or other of them or for the acts deeds defaults receipts payments or disbursements of the others or other of them or be charged or chargeable with or accountable for any further or other sum or sums of money or other trust property and effects than what shall actually come to the hands of and be received by them respectively notwithstanding they or any or either of them shall give or sign or join or concur in giving or signing any receipt or receipts for the sake of conformity And that they or any or either of them shall not be answerable or accountable for the insufficiency defect or failure of any Banker Broker or other person in whose hands any part or parts of the aforesaid trust monies or other property shall or may at any time or times hereafter happen to be by them or any or either of them placed or lodged for safe custody or who may be allowed to receive the same in the course of the execution of the trusts of this my will or for any loss or damage which shall or may happen or arise of or to all or any of the aforesaid trust estates monies effects and premises or the proceeds or produce thereof or of any part thereof provided the same shall happen without any wilful neglect or default on the part of such trustees or trustee respectively

Provided always and I hereby further declare that in case my said trustees or any of them should die in my lifetime or at my decease should renounce or be incapable of acting in the trusts hereof or in case all or any of the trustees for the time being of this my will should during the continuance of any of the aforesaid trusts cease to reside in the United Kingdom of Great Britain and Ireland or should die or desire to be discharged from the aforesaid trusts or refuse or become incapable to act therein then and so often as the same shall happen it shall be lawful for the surviving or continuing trustees or trustee for the time being or if there should be no such trustee then for the executors or administrators of the last surviving or last acting trustee for the time being by any deed or deeds to be sealed and delivered in the presence of and attested by one or more witness or witnesses or if the person exercising this present power should be an only surviving or continuing trustee or any other single individual by his or her last will and testament or any testamentary writing to nominate and appoint some other fit person or persons to be a trustee or trustees for the purposes aforesaid or any of them in the place or stead of the trustee or trustees dying in my lifetime renouncing ceasing to reside in the United Kingdom or dying or desiring to be discharged or refusing or becoming incapable to act And that every such new trustee shall and may act and assist in the management and execution of those trusts to which he shall be so appointed as fully and effectually in all respects and with the like powers and indemnifications as he might have done if originally in and by this my will appointed a trustee for the purposes aforesaid or as if his name had been inserted in this my will in the place of the trustee in whose stead he shall be substituted

In witness whereof I the said Thomas Wells the testator have to this my will contained in seven sheets of paper set my hand this tenth day of February one thousand eight hundred and seventy five ----- Thos Wells -----
Signed by the said Thomas Wells the testator as and for his last will and testament in the presence of us both present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses
---Evan Lake - Solr. Gravesend --- Henry J Tonkin - his clerk

This is the Codicil to the will of me Thomas Wells of the Parsonage Cobham in the County of Kent Esquire which will bears date the tenth day of February one thousand eight hundred and seventy five.

I bequeath unto each of my nephews George Wells English and William Pemble Wells English the sum of two thousand pounds in addition to the legacies given them by my said will and free of legacy duty
And I bequeath unto my niece Elizabeth Doherty the wife of Mr John Doherty the sum of two thousand pounds in addition to the legacy given her by my said will and free of legacy duty such sum of two thousand pounds to be for her separate use and benefit free from the debts control or engagements of her present or any future husband and her receipt alone to be a good discharge for the same

And I bequeath unto Fanny Porter now living in my service as my housekeeper an annuity of thirty five pounds free of legacy duty in addition to the legacy given her by my said will such annuity to be paid to her by equal quarterly payments the first of such payments to be made six calendar months after my decease

And in all other respects I confirm my said will
In witness whereof I have hereunto set my hand this tenth day of February one thousand eight hundred and seventy six -- Thos Wells --
Signed by the said Thomas Wells as and for a codicil to his last will and testament in the presence of us both present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses
--- Evan Lake - Solr. Gravesend --- Edward Studham - Clerk to Messrs Cheesman and Lake Solicitors Gravesend.

This is a second Codicil to the will of me Thomas Wells of the Parsonage in the County of Kent Esquire which will bears date the tenth day of February one thousand eight hundred and seventy five

I bequeath unto each of my nephews George Wells English and William Pemble Wells English the sum of one thousand pounds in addition to the legacies given them by my said will and the first codicil thereto (dated the tenth day of February one thousand eight hundred and seventy six) and free of legacy duty
and I bequeath unto my niece Elizabeth Doherty the wife of Mr John Doherty the sum of one thousand pounds in addition to the legacies given her by my said will and the first codicil thereto and free of legacy duty such sum of one thousand pounds to be for her separate use and benefit free from the debts control or engagements of her present or any future husband and her receipt alone to be a good discharge for the same
And I bequeath unto Fanny Porter now living in my service as my housekeeper an annuity of ten pounds free of legacy duty in addition to the legacy and annuity given to her by my said will and the first codicil thereto respectively the said annuity hereby bequeathed to be paid to her by equal quarterly payments the first of such payments to be made six calendar months after my decease

And in all other respects I confirm my said will and the said first codicil thereto
In witness whereof I have hereunto set my hand this twenty eighth day of May one thousand eight hundred and eighty --- Thos Wells
Signed by the said Thomas Wells as and for a second codicil to his last will and testament in the presence of us both present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses
--- Evan Lake - Solr. Gravesend --- Edwd Cullingford - his clerk.

This is a third Codicil to the will of me Thomas Wells of the Parsonage Cobham in the County of Kent Esquire which will bears date the tenth day of February one thousand eight hundred and seventy five

I bequeath unto Fanny Porter now living in my service as my housekeeper an annuity of twenty five pounds free of legacy duty in addition to the legacy given her by my said will and the annuities given to her by the first and second codicils thereto the said annuity hereby bequeathed to be paid to her by equal quarterly payments the first of such payments to be made six calendar months after my decease

And in all other respects I confirm my said will and the said first and second codicils thereto
In witness whereof I have hereunto set my hand this eleventh day of July one thousand eight hundred and eighty two --- Thos Wells
Signed by the said Thomas Wells as and for a third codicil to his last will and testament in the presence of us both present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses
--- Evan Lake - Solr. Gravesend --- John Brett, Hostler Mr Turners Stables Gravesend

On the 23rd August 1888 Probate of this will with three codicils was granted to Thomas Stevens Thomas Henry Baker Esquire J P and Evan Lake the Executors

BE IT KNOWN that at the date hereunder written, the last Will and Testament with three Codicils of Thomas Wells late of the Parsonage Cobham in the County of Kent Deceased, who died on the 15th day of July 1888 at the said Parsonage was proved and registered in the Principal Registry of the Probate Division of Her Majesty’s High Court of Justice, and that Administration of the personal estate of the said deceased was granted by the aforesaid Court to Thomas Stevens of Jeskins Court Cobham aforesaid Farmer the nephew Thomas Henry Baker of Owletts Cobham aforesaid Esquire J.P. and Evan Lake of nos 15 & 16 Railway Approach London Bridge in the County of Surrey Gentleman The Executors named in the said Will they having first been sworn well and faithfully to administer the same.
Dated the 23rd day of August 1888
Gross value of personal estate £190,725 – 0 – 9

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