Will of Harriot Weston

of Tenterden, Kent

First I appoint my friends Henry James Combs of Lawrence Pountney Hill, Cannon Street, London, Gentleman and Henry Godden of Maidstone in Kent, Gentleman and my Sister in Law Mrs. Catharine Weston, Widow of my late Brother Thomas Weston deceased Executors and Executrix of this my Will And I direct them to pay all my debts, funeral and testamentary expences, the legacy duty in respect of all legacies and gifts hereinafter bequeathed out of my residuary estate

I give to the said Henry James Combs and Catherine Weston fifty pounds each and to the said Harry Godden thirty pounds exclusively of all expences they may incur in the execution of this my Will

I give to each of my nephews and nieces
Thomas Tempest Weston, Catherine Harrison, Ann Weston and Eliza Manclark Weston (children of my late brother Thomas Weston);
and Henry Weston, Jane Elwin, Elizabeth Weston and Maria Weston, children of my late brother John Tempest Weston deceased
the sum of Four hundred pounds each

Also I give to my nephew Reginald Frances Weston (Son of the said Thomas Weston deceased) the sum of Three hundred and fifty pounds,
my nephews Thomas Weston and Stringer Weston (sons of the said John Tempest Weston) the sum of Three hundred pounds each,
the three last named legatees having severally received advancements as gifts from me in my lifetime, for their absolute use

I give to my two God children as follows: to my said niece Maria Weston an additional sum of one hundred pounds;
and to my Cousin Francis Combs the sum of nineteen guineas
also I give to each of the children of my nephew John Pix Weston (Son of the said John Tempest Weston) the sum of nineteen guineas to be paid or applied by my said executors as they shall think fit for placing them out or otherwise for their benefit during their minority respectively and if not so paid or applied the same or so much as shall not have been so paid or applied to be paid to such children respectively with the accumulations thereof on their respectively attaining the age of twenty one years

also I bequeath to my friend Mrs. Martha Elliott five guineas, to my Cousin Letitia Wollett nineteen guineas
and to her Sister Elizabeth Sarah Winch Weston one annuity of ten pounds during her life payable half yearly to commence from the day of my death
And I direct my Executors to invest in their own names or set apart or sufficient sum of Stock or money the dividends or interest of which will be sufficient to pay the said annuity and subject to such annuity I give the sum or stock so invested or set apart unto my said nephew Stringer Weston absolutely

Also I give to my female Servant Phoebe Bannister (if living with me at my death but not otherwise) the sum of five pounds
And I also give to the female servant who may be living with me at my decease a Suit of Mourning and a half a years wages in advance
And also a suit of mourning and a half years wages in advance to my servant George Haffenden if living in my service at my decease
Also I give to my said Sister in Law Catherine Weston Widow the sum of Twelve pounds to be distributed by her in blankets and flannel amongst the indigent and deserving poor residing in this parish on the Saint Thomas’s day next after my decease
I direct that my house keeping may be continued at the discretion of my executors for one month after my decease
And afterwards I give my remaining stock of fuel and all my garden tools and out door effects to my said nephew William Stringer Weston
I give all my clothes and wearing apparel trinkets and ornaments of the person and all my furniture, plate, linen, china, books and wine to my dear Sister Jane Piddlesden

Also I give unto my said executors and executrix the sum of One thousand pounds due to me and now invested on Flashmans mortgage and all the Rest and Residue of my property of every kind not by me hereinbefore disposed of and all my estate and interest therein In trust at their discretion to get in, sell and convert into money the same or such parts thereof and at such times as they may deem expedient and to stand possessed thereof Upon the trusts and for the purposes following (that is to say)

as to the sum of One thousand pounds and also as to the proceeds of one equal third part of the residue of my estate and effects Upon trust to pay the interest dividends and annual proceeds thereof unto my said Sister Jane Piddlesden for her own use during the term of her natural life
and after her decease Upon trust to pay and divide the capital of the said sum of One thousand pounds and of the said third part of the residue of my estate and effects unto and equally among all the children of my said late brothers Thomas Weston and John Tempest Weston who shall be living at my decease to and for their own absolute use and benefit respectively, to whom I give the same accordingly

And Upon further trust to pay and divide the capitall or proceeds of one other equal third part of the residue of my said estate and effects unto and equally among all the children of my said late brother Thomas Weston who shall be living at my decease to and for their own absolute use and benefit to whom I give the same accordingly
And Upon trust to pay and divide the capital or proceeds of the remaining one equal third part of the residue of my said estate and effects unto and equally among all the children of my said late brother John Tempest Weston who shall be living at my decease to and for their own absolute use and benefit to whom I give the same accordingly

Provided nevertheless and my will is and I do hereby declare that in case any or either of my said nephews and nieces or legatees shall have departed this life before me and left issue surviving then that the issue of every such nephew niece and legatee so dying shall be entitled to the legacy or legacies or share or shares of residue which his her or their parent or respective parents would have been entitled to if living at my death

Provided also and my will is that all and every sum and sums of money which may be owing to me at my death from the legatees under this my will or any or either of them upon mortgage, bond promissary note or otherwise or in case my said executors shall pay out of my estate any sum or sums of money for which I may have made myself responsible on account of any such legatees then that my said executors shall call in and require payment of every such sum of money or otherwise outset and deduct the same from the respective legacies or other pecuniary benefit which such legatees shall respectively be entitled to under this my will
And if the respective legacies or benefit shall be insufficient to outset the whole of the sum or respective sums of money so due from or paid on account of such legatees respectively then that my said executors after deducting such respective legacies or pecuniary benefit shall require payment of the residue of such sum or sums of money from such legatees respectively

And I also declare that the legacy of four hundred pounds and the respective shares of my estate hereinbefore given to or intended for the benefit of my said niece Catherine Harrison shall not vest in her absolutely but shall be retained by my said executors and trustees and be paid and applied by them upon the trusts and for the purposes following (that is to say)
Upon trust in the first place to pay and apply a competent part thereof in discharging the debt owing to my said Sister in law Mrs. Catherine Weston of one hundred pounds on the promissory note of my said niece Catherine dated the fifteenth day of April one thousand eight hundred and forty four and of two hundred pounds owing on the promissory note of her Husband Charles Henry Rogers Harrison dated the thirtieth day of July one thousand eight hundred and forty four or so much thereof as shall be remaining due at my decease
And the receipt or receipts of my said Sister Catherine Weston her executors or administrators shall be an effectual discharge for any sum or sums so paid to her or them in or towards satisfaction of such debt or debts

and in the next place to indemnify my said Sister in Law Catherine Weston and my nephew Stringer Weston as Trustees under the Will of the late Pemell Ricketts Esquire the former husband of my said niece from loss by reason of the sum of one thousand four hundred and three pounds, eleven shillings and two pence consolidated three per cent annuities (part of the trust monies under the Will of the said Pemell Ricketts to which the surviving child of my said niece Catherine by him or other persons under his will are or may become entitled) having been sold and transferred at the request of my said niece and her husband or of one of them so far as such legacy and share or shares of my estate will extend And to apply the same for that purpose

And in case there shall be any surplus of such legacy and share or shares after answering the purposes aforesaid and subject thereto Upon further trust that they my said executors and trustees shall invest the same in their names and pay the interest dividends and annual proceeds thereof as the same shall become due and to be received unto my said niece Catherine Harrison for her own exclusive independent of her present or any future husband during the term of her natural life And I declare the same shall not be subject to the control, debts or engagements of her husband but that her receipts alone notwithstanding her coverture for such interest dividends and annual proceeds shall from time to time be good and effectual discharges to my said executors and trustees

And from and after her decease upon trust to pay and divide the capital share and trust funds so retained and not applied for the purposes aforesaid unto and between all her children (except her child by her former husband who is amply provided for under his father’s Will) in equal shares and proportions and to be paid to them when and so soon after the decease of the said Catherine Harrison as they shall respectively attain the age of twenty one years

And if any of such children shall die under that age without issue the share or respective shares of him her or them so dying as well original as accruing shall go to the survivors or survivor of such children in the same manner as the original shares but the shares of any such Children who shall die in the lifetime of their said mother or within twenty one years after her death leaving issue shall go to such issue in equal shares if more than one

And further I empower my said Executors and Executrix to invest in their own names in any of the Parliamentary or Public Stocks or funds or on any government or real or other securities in England all trust monies under this my Will which shall not be payable or cannot be paid at my decease until the same shall become payable with full power from time to time to call in and vary and give discharges for the same in such manner as they shall think fit

And I declare that the credits of my said executors and trustees or the survivors or survivor of them shall be effectual discharges from time to time for all monies payable to them by virtue of this my will and no person having such receipt or receipts shall be responsible for or be bound to see to the application of the money therein acknowledged to be received and that all trusts powers and authorities by this my Will given to or reposed in my said executors and executrix shall and may be exercised and performed by the survivors or survivor of them and the executors or administrators of such survivor and that my said executors respectively shall not be responsible for any insufficient securities upon which any of the said trust property may be invested in pursuance of this my will nor for any involuntary losses to my estate nor shall either of them be responsible for the others or other of them nor for any monies but such as shall actually come to their respective hands in pursuance of this my Will And I desire all my mortgage and trust estates to my said executors and trustees and their heirs upon the trusts and subject to the equities affecting the same respectively

And Lastly I revoke all former Wills and testaments by me made
In Witness whereof I the said Harriot Weston have to this my Will at the foot or end thereof set my hand the day and year first above written Harriot Weston

Signed and declared by the said Harriot Weston the testatrix as and for her last Will and Testament in the joint presence of us who have hereto at the same time subscribed our names as Witnesses attesting the same in her presence at her request and in the presence of each other
Jas. Munn, Solr., Tenterden - William G Mace, his Clerk

By this Codicil made the eleventh day of May one thousand eight hundred and fifty three to my Will above written

I do revoke all former gifts and bequests to or for the benefit of my niece Maria Weston (late Maria Combs deceased) and her Issue
And I give unto Maria Combs daughter of my said niece the sum of one hundred pounds

I revoke the gift of all my clothes and wearing apparel, trinkets and ornaments of the person and all my furniture, plate, linen, china, books and wine to my Sister Jane Piddlesden
And I give the same unto my three unmarried nieces Ann Weston, Eliza Manclark Weston and Elizabeth Weston
I give my Pony Pony (sic) Chaise and Harness to my said niece Ann Weston

In Witness whereof I have at the foot or end hereof set my hand the day and year above written - Harriot Weston

Signed and declared by the said Harriot Weston the testatrix as and for a Codicil to her last Will and Testament in the joint presence of us who have hereto at the same time subscribed our names as Witnesses attesting the same in her presence at her request and in the presence of each other
William Cook; G. Ryland, Clerks to Messrs. Munn & Mace, Solrs., Tenterden

Proved at London with a Codicil 4th April 1855 before the Worshipful William Calverley Curteis, Doctor of Laws and Surrogate by the oaths of Henry James Combs and Henry Goddon, two of the Executors to whom admon. [administration] was granted having been first sworn duly to administer
Power reserved of making the like grant to Catherine Weston Widow the other executor when she shall apply for the same

Transcribed by Mrs. Shelagh Mason 6th June 2021

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