I Give and Bequeath all my Goods Chattels Household Furniture Plate Linen China Farming Utensils Stock and Crop Book and other Debts Monies Securities for Money Money in the Public Stocks or Funds of this Kingdom and all other my personal Estate and Effects whatsoever and wheresoever and of what nature kind or quality soever the same shall consist or be at the time of my decease Unto Thomas Wrake of the Town of Faversham in the County of Kent Grocer and John Wrake of the Town of Sandwich in the said County of Kent Gentleman their Executors Administrators and Assigns Upon the Trusts to and for the Ends Intents and Purposes and subject to ad under the provisoes and conditions hereinafter mentioned expressed declared and contained of and concerning the same (that is to say)
Upon Trust that they the said Thomas Wrake and John Wrake and the Survivor of them and the
Executors Administrators of such Survivor do and shall as soon as conveniently may be after my
decease absolutely sell and dispose of and convert into money such part and parts of my said
personal Estate and Effects as shall not consist of Money at the time of my decease either by Public
Auction or private contract or otherwise as my said Trustees and the Survivor of them and the
Executors Administrators of such Survivor shall think proper and most advantageous to my Family
for the most price or prices that can be reasonably had or gotten for the same
And the monies to arise and be made as well by Sale of such Parts of my said personal Estate as shall
not consist of Money as last aforesaid as also all my ready Money Monies upon private or other
Security or Securities Money already in the public Stocks or Funds of this Kingdom and all other the
Monies whatsoever to arise or be made by sale disposal and conversion of my said personal Estate
and Effects which shall otherwise come to the Hands of my said Trustees and the Survivor of them
and the Executors or Administrators of such Survivor by virtue of this my Will
Upon this further Trust that they my said Trustees and the Survivor of them and the Executors and
Administrators of such Survivor shall and do (after paying thereout my just Debts Funeral Expences
and the Costs and Charges of carrying this my Will into Execution) lay out and invest or otherwise
put and place the same and every part thereof out at Interest either in the public Stocks or Funds of
this Kingdom or upon private real or personal Security and in such manner as to my said Trustees
and the Survivor of them and the Executors or Administrators of such Survivor shall seem proper in
their or his Name or Names with full power and authority to alter vary and change such Stocks
Funds or Securities from time to time for others of the same or the like nature as often as shall be thought expedient
And do and shall stand and be possessed of and interested in the said Trust Monies and Premises
and the growing Dividends Interests and Proceeds of the same and of the Stocks Funds or Securities
in or upon which the same shall be invested Upon the Trusts and to and for the Ends Intents and
Purposes hereinafter mentioned expressed and declared of and concerning the same (that is to say)
Upon this Special Trust and confidence that they my said Trustees and the Survivor of them and the Executors and Administrators of such Survivor do and shall receive the Dividends Interests and Proceeds of the said trust monies and Premises as they shall respectively become due and payable and do and shall pay and apply the same and every Part thereof unto my dear Wife and her Assigns to and for her and their own proper use and benefit for and during the Term of her natural Life
And from and after the decease of my said wife Then upon this further special Trust and Confidence that they my said Trustees and the Survivor of them and the Executors and Administrators of such Survivor do and shall at such time or times and in such manner and form as hereinafter is mentioned pay assign and transfer by and out of the said Trust Monies and Premises unto all and every my Daughters by my present dear Wife which shall be living at the time of my decease the full Sum of Five hundred Pounds of lawful British Money apiece to and for their own absolute use and benefit as and for their portions and for their advancement in the world and which I hereby give and bequeath unto them accordingly
Subject nevertheless to the provisoes and declarations hereinafter mentioned and contained and to be
paid and payable at such time or times and in such manner as is hereinafter particularly mentioned
and expressed And I do hereby direct and declare that the share or portion of Five hundred pounds
hereby given and intended for each of my said Daughters as aforesaid of every such
Daughter as shall attain the Age of twenty one years or shall be married in the lifetime of my dear
Wife shall be deemed a vested Interest in her and them respectively and be transmissible in the same
manner as if the payment or transfer thereof had not been postponed or till after the decease of my said Wife
And that the share or portion or shares or portions of Five hundred pounds hereby
given and intended for each of my said Daughters as aforesaid shall respectively be paid assigned
and transferred unto such of my said Daughters as shall be living at the time of my decease and who
shall then have attained her of their age or respective ages of twenty one years or who shall be then respectively married
And unto the Representatives of such of my said Daughter or Daughters as shall have died in the
lifetime of their said Mother having required a vested interest or interests as aforesaid within six
Calendar Months next after the decease of my said wife And unto such other of my said Daughters
as shall be living at the time of the decease of my said wife and who shall be under the said age of
twenty one Years and unmarried when and as they shall respectively attain that age or shall respectively be married
And in case any one or more of my said Daughters which shall be living at the time of my decease shall afterwards die under the said Age of twenty one years and unmarried whether before or after the decease of my wife Then and in such Case the Share or Portion or Shares or Portions hereby given and intended for such Daughter or Daughters so dying as last aforesaid shall from time to time go and accrue unto my surviving Daughter or Daughters and unto the representatives of each of them as shall be dead having acquired such vested Interest or Interests as aforesaid equally to be divided between or amongst them share and share alike the same to become vested and to be paid and payable as and when her or their original Portion or Portions shall respectively become vested and payable by virtue of this my Will And such benefit of survivorship and accruer shall extend to the accruing or surviving as well as to the said original Shares or Portions
And I do hereby declare and direct that they my said Trustees and the Survivor of them and the Executors and Administrators of such Survivor shall and do in the meantime and until all or any of my said Daughters shall respectively become entitled to receive her or their portion or portions hereinbefore given unto her and them stand and be possessed of and interested in the said respective portion or portions and the Stocks Funds or Securities in or upon which the same or any part thereof shall be invested and shall and do receive the Dividends and Proceeds of the same portions respectively as the same shall respectively become due and payable and pay and apply the same towards the respective maintenance and bringing up of such of my said Daughters or Daughter as shall at the decease of my said Wife be under the said Age of twenty one Years or unmarried and until they shall respectively attain that Age or be married or otherwise pay and apply the same to and for her or their use and benefit
And as to all the rest and residue of the said Trust Monies and Premises which shall remain after
paying or deducting thereout or therefrom the Sum of Five hundred pounds for each
of my said Daughters as and for their Portions as aforesaid Upon this further special Trust and
confidence that they my said Trustees and the Survivor of them and the Executors and
Administrators of such Survivor shall and do from and after the decease of my said Wife as aforesaid
and at such time or times thereafter and in such manner and form as hereinafter mentioned pay
assign and transfer all and singular the residue of the said Trust Monies and Premises and the Stocks
Funds and Securities in or upon which the same shall be invested unto or amongst all and every my
Son or Sons by my said dear Wife as shall be living at the time of my decease if more than one equally
to be divided between or amongst them share and share alike And if there shall be but one such Son Then to such only Son
And I do hereby declare and direct that the part or share of such of my Sons as shall attain the age of twenty one years in the lifetime of my
said dear Wife shall be deemed a vested Interest or Interests in him or them respectively and be
transmissible in the same manner as if the payment or transfer thereof had not been postponed until after the decease of my said Wife
And that the part or share of such of my said Sons as shall be living at the decease of my said Wife
and have attained their said Age of twenty one Years and the part or share of such other of my said
Sons if any who shall have died in the lifetime of my said wife having acquired a vested interest or
interests aforesaid shall be paid assigned and transferred unto him or them having so attained their
said Age of twenty one Years and unto the representatives of such of them as shall be dead as last
aforesaid within Six Calendar Months next after the decease of my said dear Wife
And unto each other of my said Sons as shall be living at the time of the decease of my said Wife and
who shall be under the said Age of Twenty one Years when and as they shall respectively attain that
age And in case any one or more of my said Sons which shall be living at the time of my decease shall
afterwards die under the said age of Twenty one Years whether before or after the decease of my said
Wife Then and in such Case the Part or Share or Parts or Shares of him or them so dying as last
aforesaid shall from time to time go and accrue unto my surviving Sons or Son and unto the
representatives of such of them as shall be dead having acquired such vested interest or interests as
aforesaid equally to be divided between or amongst them share and share alike the same to become
vested and to be paid and payable as and when his and their original Part or Share or Parts or Shares
shall respectively become vested and payable by virtue of this my Will and such benefit of
survivorship and accruer shall extend to the accruer or surviving as well as to the said original Shares or Portions
And I do hereby declare and direct that they my said Trustees and the Survivor of them and the Executors and Administrators of such Survivor do and shall in the meantime and until all or any of my said Son or Sons shall respectively become entitles to receive his or their parts of shares or part or share hereinbefore given unto him and them stand possessed of and interested in the said respective parts or shares or part or share as well original as accruing and the Stocks Funds or Securities in or upon which the same or any part thereof shall be invested and do and shall receive the Dividends and Proceeds of the same parts and shares respectively as the same shall respectively become due or payable and pay and apply the same towards the respective maintenances and bringing up of him or them or otherwise pay and apply the same to and for his and their use and benefit
And whereas I have advanced and lent unto my Son James Wrake the Sum of One thousand and
eight hundred pounds and the repayment of the same with Interest is secured to me
by my Heirs Executors and Administrators in or by the Bond of my said Son James Wrake
accompanied with a Warrant of Attorney to confess and enter up judgment thereupon at the Day and
Time mentioned in the said Bond and Warrant of Attorney
Now therefore I do hereby declare and direct that it shall and may be lawful to and for my said
Trustees and the Survivor of them and the Executors or Administrators of such Survivor And I do
hereby authorize and empower them and him to retain in their Hands the Part or Share of my said
Son James of and in the said Trust Monies and Premises in or towards and in part payment and
satisfaction of the said Debt or Sum of One thousand and eight hundred pounds and the said part or
share of my said Son James shall not be paid or payable until the whole of the said Debt or Sum of
One thousand and eight hundred Pounds shall be fully paid off and discharged
Provided always nevertheless that the said Power so given to my said Trustees to retain in their Hands the part or share of my said Son James as aforesaid shall not hinder or prevent or be deemed or construed to hinder or prevent my Executors from taking all such lawful ways and means for the recovery of the said Sum of One thousand and eight hundred Pounds and Interest or so much thereof
And I do hereby make nominate constitute and appoint my said Trustees the said Thomas Wrake and John Wrake joint Executors of this my last will
and Testament
And I do hereby declare and direct that it shall be lawful to and for my said Trustees and Executors to retain to themselves and to
allow his Co Trustee and Executor out of the first Monies that shall come to their Hands by virtue of
this my will all such Costs Charges and Expences which they or either of them shall sustain expend or
be put unto by reason of this my Will or the Trusts thereof
And my Will and Mind further is that they my said Trustees and Executors or the Survivor of them or the Executors or Administrators of such Survivor shall not be charged or chargeable with or answerable or accountable for any more of the said Trust Monies and Premises than they shall respectively actually receive or shall come to their respective Hands by virtue of this my Will nor with or for any loss or losses which may happen of the same Monies and premises or any part thereof so as such loss or losses happens or happen without their wilful Default nor any one of them for the other or others of them but each of them for his and her own particular act deed receipt or disbursement
Hereby revoking all former and other Wills and testamentary Papers by me at any time heretofore made I do declare this only to be my last Will and Testament
In Witness whereof I the said Stephen Wrake the Testator to the first seven sheets of this my last will
and Testament in eight sheets of paper contained have set my Mark and to this eight and last sheet
thereof my Mark and Seal the eleventh Day of November in the year of our Lord One thousand eight hundred and eighteen
Stephen Wrake his Mark
Signed sealed published and declared as and for his last Will and Testament in the Presence of us
who at his request in his presence and in the Presence of each other have hereunto subscribed our Names as Witnesses
Daniel Crisp; Geo. Delmar Canty.
The before registered Will of Stephen Wrake deceased was proved the Twelfth day of April 1819 before the Reverend John Francis Clark, Surrogate to the Right Honourable Sir William Scott Knight, Doctor of Laws, Official General to The Reverend the Archdeacon of Canterbury lawfully constituted by the Oaths of Thomas Horne Wrake (called in the Will Thomas Wrake) and John Wrake the Executors named in the said Will they being first sworn duly to perform the same.
Notes:
Stephen Rake married Phoebe Tucker 27th November 1788 at Goodnestone (next Sandwich) Kent.
Stephen Wrake was buried at Chilham on 23rd December 1818.
Phoebe Wrake aged 84 and was buried at St. Mary, Chilham on 28th April 1853.
They had 8 daughters and 3 sons. Many pre-deceased Stephen.
Stephen Wrake was baptised 7th Oct 1764 at St. Mary the Virgin, Woodnesborough, Kent, s. of Thomas and Elizabeth.
Transcribed by Mrs. Shelagh Mason, 4th February 2022
Return to Kent GenealogyWill of Stephen Wrake