Will of John Redpath

of Greenwich, Kent

I give and bequeath after payment of my just debts and Funeral and Testamentary expences All the Property whatsoever which I am possessed of and interested in, linen, china, glass, household furniture, gardening and other Implements & utensils to my dear Wife Elizabeth Redpath for her use during her life

& after her death I dispose of my Property in manner following (subject to all or any legal claims or incumbrances thereon) (that is to say)
I give and bequeath to my Executrix and Executor hereinafter named All my Estate Term & Interest in the upper one of two Houses in Laurel Place, South Street aforesaid with its Appurtenances now in the occupation of Mrs Collingwood together with the rents & Profits thereof
Also the House and Garden late in my own occupation and now occupied by ____ Skerrett together with the Greenhouse and all my Gardening Tools, Implements and Utensils
And also one Moiety of the proceeds of the Sale of my Household Goods and Furniture

In Trust for the benefit of such of the Children of my Son John Redpath as may be living at the time of the decease of my said Wife in equal shares & proportions (on their attaining of the age of twenty one years respectively) and in the event of either of the said Children dying before attaining that age the share of the Child so dying to be divided equally among the survivors

But I declare that it shall be lawful for my Executor and Executrix or the persons lawfully executing the Trusts of this my Will after the decease of my said wife to pay and apply a part of the share or interest of such share to which either of the said Children of my said Son would be entitled on his or her attaining majority for the necessary maintenance education or advancement of such Child or Children at the discretion of my said Trustees

I give and bequeath to my daughter Ann Dixon Wife of John Clarke Dixon of South Street aforesaid Mariner After the decease of my said Wife All my Estate Term & Interest in the second of the two Houses called Laurel Place aforesaid now in the occupation with the Appurts. [Appurtenances]
Also my two Leasehold Houses in Grove Street aforesaid And also the other moiety of the proceeds of the sale of my Household Goods and Furniture for her own absolute & sole use & benefit to be disposed of by her in her last Will and Testament or otherwise notwithstanding her coverture as she may think fit

And it is my Will that my said daughter Ann Dixon shall take receive and enjoy all and singular the Property bequeathed to her under this my will for her own absolute use & benefit independent of her said present or any future Husband whom she may marry & that the same shall not be in any way subject to his debts controul or interference but that the receipts of my said daughter shall notwithstanding her coverture as aforesaid be a good effectual discharges for the same

I direct that my Household Goods & Furniture shall be sold within one Calendar Month after the decease of my said Wife either by private Sale or public Auction at the discretion or my Exors. [Executors] & Trustees & the proceeds applied in equal moieties as hereinbefore directed

I also give and bequeath (subject to such legal claims as aforesaid) the ground rents arising from the Premises in South Street on Lease to Mr. George Greenaway, Messrs. George & John Curling and the Representatives of my late Brother Robert Redpath to my Executor, Executrix & Trustees hereinafter named Upon Trust (after the decease of my said Wife) to pay one equal moiety thereof to my said daughter during her life for her own use absolutely and after her decease in such manner as she shall by her last Will & Testament direct & appoint, and the other moiety of the said ground rents to and for the benefit of such of the Children of my said Son John Redpath as may be living at the time of my Wife’s decease on their attaining the age of twenty one years respectively in equal shares as aforesaid and in case of either of them dying before attaining that age the share of the Child so dying to be equally divided amongst the survivors But in the mean time it shall be lawful for my said Trustees to pay & apply a portion of the share to which either of the said Children would be entitled or the interest thereof for the necessary maintenance education or advancement of such Child or Children at the discretion of my said Trustees so that no one of the said Children do receive a larger share than another

Provided always & my will is that if my said Exors. & Trustee or any future Trustee or Trustees under this my Will shall die or decline or become incapable to act in the trusts hereby recited It shall be lawful for my said Wife during her life and after her decease for my said daughter Ann Dixon to appoint a Trustee or Trustees in the room of the Trustee so dying or declining or becoming incapable to act And that upon the appointment of such new Trustee or Trustees the said Trust property & Ground Rents shall be vested in the new Trustee or Trustees jointly with the Surviving or continuing Trustee or Trustees or solely as occasion shall require

And I declare that every such new Trustee shall have the same powers and Authority as the Trustee in whose room he shall be so appointed And that the Trustees hereby appointed or to be appointed as aforesaid shall not be answerable the one for the other of them or for the signing of the receipts for the sake of conformity or for any involuntary loss And that the receipts in writing of the Trustees or Trustee for the time being shall be an efficient discharge for and of the Trust monies And that it shall be lawful for such Trustees respectively out of the trust monies to reimburse themselves their costs and expences in discharging the Trusts hereby created

And lastly I do hereby constitute & appoint my said Wife Elizabeth Redpath and my said daughter Ann Dixon Executrixes & Robert Moffatt of Thomas Street, Stamford Street, Blackfriars in the County of Surrey Carpenter Executor of this my Will
And I do also hereby revoke all Wills & Testamentary dispositions by me at any time heretofore made and declare this alone to be my last Will & Testament

In Witness whereof I have to this my Will contained in this & the two preceding sheets of paper set my hand & seal this eighth day of May in the year of our Lord one thousand eight hundred and forty
John Redpath

Signed sealed published and declared by the said John Redpath the Testator as his last will & Testament in the presence of us who in his presence and in the presence of each other have hereunto subscribed our names as witnesses
E.W. James, Croom Hill, Greenwich - Wm. Hinde Adams, his Clerk

Proved at London 30th September 1840 before the Worshipful Sherrard Beaumont Burnaby, Doctor of Laws & Surrogate by the Oaths of Elizabeth Redpath Widow the Relict and Robert Moffatt the Nephew two of the Exors. to whom admon. was granted having been first sworn duly to administer.
Power reserved of making the like Grant to Ann Dixon (Wife of John Clarke Dixon) the daughter the other Executor when she shall apply for the same

Proved at London 6th October 1869 by the Oath of Ann Dixon (Wife of John Clarke Dixon) The Daughter the other Executors to whom admon. was granted.

Transcribed by Shelagh Mason 27th September 2020

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