Will of William Pemble Wells

of Cobham, Kent

first I nominate and appoint my brother Thomas Wells my nephew Thomas Stevens and Thomas Cheesman of Milton next Gravesend in the said County of Kent Gentleman Executors and Trustees of this my Will

I give and bequeath unto my sister Mary English an annuity of fifty pounds sterling for and during the term of her natural life
I give and bequeath to my sister Catherine Stevens an annuity of fifty pounds sterling for and during the term of her natural life
I give and bequeath unto my sister Elizabeth Shearman an annuity of fifty pounds sterling for and during the term of her natural life and if her husband David Shearman should survive her then I give and bequeath a like annuity of fifty pounds sterling to him for and during the term of his natural life but I do direct that the same shall not be payable to him until after the decease of my said sister Elizabeth Shearman

I give and bequeath unto my brother in law William Blunden an annuity of fifty pounds sterling for and during the term of his natural life
I give and bequeath unto my nephew Thomas Stevens a legacy of two thousand and two hundred pounds sterling over and above all monies that I have given to him or paid for his benefit during my lifetime
I give and bequeath unto my nephew William Blunden the younger a legacy of two hundred and fifty pounds sterling over and above all monies that I have given to him or paid for his benefit during my lifetime
I give and bequeath unto my nephew George Wells English a legacy of one thousand and five hundred pounds sterling over and above all monies that I have given to him or paid for his benefit during my lifetime

I give and bequeath unto my nephew William Pemble Wells English a legacy of one thousand and six hundred pounds sterling over and above all monies that I have given to him or paid for his benefit during my lifetime
I give and bequeath unto my niece Elizabeth Doherty a Legacy of three hundred pounds sterling over and above all monies that I have given to or paid for the benefit of her husband John Doherty during my lifetime
And I do declare that all monies given or paid for the benefit of my said nephews and the said John Doherty during my life were absolute and irrevocable gifts and made for their advancement in life

I give and bequeath unto my niece Emma Stevens a Legacy of one thousand pounds sterling for her own absolute use and benefit
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 one thousand and 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 said 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 controul debts and engagements of any 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 Emma Stevens Upon further trust for any child or children 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 to 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 last mentioned sum of one thousand five hundred pounds sterling to my said nephew Thomas Stevens his heirs and assigns for ever

I give and bequeath unto my niece Martha Virtue formerly Martha Blunden a Legacy of five hundred pounds sterling for her sole and separate use and benefit free from the controul debts and engagements of her present or any future husband And I do declare that her receipt alone shall be a sufficient discharge to my said trustees for the same

I also give and bequeath unto my said trustees and the survivor of them and the executors or administrators of such survivor the further sum of one thousand and two hundred pounds sterling Upon trust to place out 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 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 controul debts and engagements of any future husband and so that my said niece Catherine Baker may not have power to alienate dispose of 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 one thousand and two hundred pounds sterling and all interest and dividends thereon unto her son Thomas Baker by her late husband Benjamin Baker if he shall then have attained the age of twenty one years and if not then as soon afterwards as he shall attain that age
and if the said Thomas Baker the son of my said niece Catherine Baker should not live to attain the said age of twenty one years or leave lawful issue then after the decease of my said niece Catherine Baker Upon further trust to pay and transfer the said one thousand and two hundred pounds sterling and all interest and dividends thereon unto my said nephew Thomas Stevens his heirs and assigns for ever

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 eight hundred pounds sterling Upon trust to place out and invest the same upon Government or Real Security 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 towards the support maintenance and education of Edmund Stevens the child of my deceased nephew William Stevens until he shall attain the age of twenty one years and I authorize my trustees or trustee to pay such annual produce and income thereof unto his mother as his guardian without being bound to see to the application thereof
and upon the said Edmund Stevens attaining the age of twenty one years upon in further trust to pay the said eight hundred pounds sterling unto the said Edmund Stevens for his own absolute use and benefit
But if the said Edmund Stevens the son of my said deceased nephew William Stevens should not live to attain the age of twenty one years or leave lawful issue then upon trust to pay unto the widow of my said deceased nephew William Stevens the annual interest dividends and produce of the said sum of eight hundred pounds sterling for and during the term of her natural life or until she shall marry again
and after her decease or second marriage Upon further trust to pay and transfer the said sum of eight hundred pounds sterling unto my said nephew Thomas Stevens his heirs and assigns for ever

I give and bequeath unto my friend Thomas Cheesman one of my Executors and trustees the sum of one hundred pounds sterling without reference to his office of trustee and executor and I especially declare that the the said Thomas Cheesman shall be entitled to make the usual professional charges for business transactions and done for and on behalf of my trust estate any rule of Equity to the contrary notwithstanding

I give and bequeath unto my three servants Michael Rapley Mildred Cransbury and Effield Wood nineteen guineas each if they should be living with me at the time of my decease
and I do direct that all annuities given by this my Will shall commence and be computed from the time of my decease and shall be payable clear of Legacy Duty and other deductions half yearly
And I direct that all legacies given by this my Will shall be paid within six 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 annuities bequests and legacies and the duty thereon the deficiency I direct shall be a charge upon and payable out of my real estate
All the Rest Residue and Remainder of my Property both real and personal and whether in possession reversion remainder or expectancy I give devise and bequeath the same unto my brother Thomas Wells his heirs and assigns for ever

I give and devise unto my said trustees all such real estates as are vested in me as mortgagee or trustee To hold the same unto and to the use of my said trustees their heirs 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 responsibility for the application thereof

Provided always And I further declare that the trustees 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 arts 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 efforts 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 these presents 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 efforts and promises or the proceeds or produce thereof or any part thereof provided the same shall happen without any wilful neglect or default on the part of such trustees respectively

In Witness whereof I the said William Pemble Wells the testator have hereunto set my hand this fifteenth day of May one thousand eight hundred and fifty and I have also set my hand to each of the four preceding sheets of this my Will ------ ---- Wm Pemble Wells ----------

Signed by the said testator as his last Will and Testament in the presence of us 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
Walter Scott Law Stationer 2 Clarence Row Gravesend - George A Scott Clerk to Mr Thos Cheesman

PROVED at London the 13th January 1851 Before the Worshipful Jesse Addams Doctor of Laws and Surrogate by the oaths of Thomas Wells Esquire the brother Thomas Stevens the nephew and Thomas Cheesman the Executors to whom Admon was granted having been first sworn duly to administer.

Note: William Pemble Wells died at Cobham on 24 November 1850 and was buried in St Mary Magdalene graveyard on 2 December 1850. He is one of the 18 members of the family in 4 generations interred in the Parsonage Vault.

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