Will of Richard Relf

of Brenchley, Kent

First I nominate and appoint Adam Wimshurst William Dann and Thomas Day all of Brenchley aforesaid Executors of this my Will and direct that they pay all my just debts funeral and testamentary expences as soon as conveniently may be after my decease

I give and devise unto the said Adam Wimshurst William Dann and Thomas Day their Heirs and Assigns All those my six Messuages or Tenements with their Appurtenances situate in Brenchley aforesaid and now in the several Tenures or occupation of James Perryman William Reeves Stephen Hart William Feverstone John Perryman John Botten James Woodgate and Robert Botten And also that one other messuage or tenement with the Buildings and eighteen Acres of Land more or less thereunto belonging situate in Brenchley aforesaid and now in the tenure of occupation of my Nephew Ambrose Mercer his Undertenants or assigns And all other my real Estate whatsoever and wheresoever Upon Trust

that they my said Trustees and the survivor of them his heirs and assigns do and shall collect and receive the rents thereof and after paying for the necessary repairs of the same Premises and other incidental expences do and shall pay the rents issues and annual proceeds thereof unto my Sister Sarah the Wife of David Mercer for the term of her natural life for her sole and absolute use and benefit independent of her present or any future Husband

And immediately after her decease Upon Trust to sell and dispose of all and every my Houses Lands and real Estate either by Public Auction or private Contract together or in parcels and upon such terms and in such manner as my said trustee or the survivor of them his heirs or assigns shall think most proper & adviseable and convey and assure the same when sold unto the person or persons who shall agree to become the purchaser or purchasers thereof upon and for such Trusts intents & purposes as he or they shall direct or appoint But without any obligation on the part of the Purchaser or Purchasers to see to the application or be answerable for the misapplication or non application of his her or their Purchase money and the receipt and receipts of my said Trustees and the Survivor of them and the Heirs and assigns of such survivor shall be a sufficient discharge and discharges for the same

And I direct that my said Trustees and the survivor of them shall stand possessed of the money arising from such sale or sales as aforesaid (after deducting all Costs and Charges attending the same) Upon the Trusts hereafter declared of the residue of my Personal Estate

And all the Rest Residue and Remainder of my Goods Chattels money securities for money and Personal Estate and Effects I give and bequeath unto my said Executors their Executors Administrators and assigns Upon Trust to sell and convert into money such parts thereof as do not consist of money or securities for money and invest the proceeds thereof in the public Funds or on real securities with power from time to time to vary such securities and do and shall pay the interest and annual income thereof as the same shall from time to time become due to my said Sister for the term of her natural life independent of her present or any future Husband

and after her decease Upon Trust that they my said Trustees and the survivor of them and the Executors or Administrators of such survivor pay and divide the same together with the money arising from the sale or sales of my real Estate unto and among all the Children of my said Sister Sarah exclusive of her son Ambrose for whom I have otherwise provided in equal shares and proportions for their own absolute use and benefit
And I direct that in case any one or more of the Children of my said Sister Sarah shall happen to die during my lifetime leaving lawful issue such issue shall take his her or their deceased Parents share

Provided always that in case the said Adam Wimshurst William Dann and Thomas Day or other of them or any Trustee to be appointed under this present provision shall die or declare or be rendered incapable to act in the Trusts hereby reposed in them before the same shall be jointly performed Then and so often as it shall so happen it shall be lawful for the surviving or continuing Trustee or the Executors or Administrators of the last acting Trustee by any deed by him legally executed to appoint a Trustee in the room of the Trustee so dying or declining or becoming incapable to act And that upon the appointment of such new Trustee the trust monies & Premises shall be transferred and assigned in such manner that the same may be vested in the new Trustee or trustees jointly with the surviving or continuing Trustee or solely as the case may require And every such New Trustee shall have the same powers and authorities in all respects as the Trustee in whose place he shall be appointed

And I further declare that the Trustees named in this my Will or to be appointed as aforesaid shall not be answerable the one for the other of them or for signing receipts for the sake of conformity or for involuntary loss and that it shall be lawful for them out of the monies which shall come to their hands to reimburse themselves their Costs and expenses in discharging the Trusts herein contained

And lastly I revoke all other Wills by me at any time heretofore made
In Witness whereof I have to each of the three sheets hereof subscribed my name the day and year first above written
Richd Relf
Signed by the above named Richard Relf in the presence of us present at the same time who have hereunto signed our names as Witnesses thereto in the presence of the said Richard Relf and in the presence of each other the name of Adam Wimshurst being first introduced throughout the Will as an Executor and trustee and the interlineation between the fifth and sixth lines of the second sheet being first made
Giles Miller /-/ R White

Proved at London the 17th January 1839 before the Judge by the Oaths of Adam Wimshurst William Dann and Thomas Day the Executors to whom Admon was granted having been first sworn by Comon duly to administer.

Notes:
Richard Relf was baptised 6 April 1766, Brenchley and buried there 6 November 1838. He was born to William Relf/Ralfe and Elizabeth Covel/Covill (married 21 April 1760, East Malling, Kent). William was buried 27 June 1777, Brenchley.. Sal Relfe was baptised the same day as her brother, Thomas, on 24 August 1774. Sarah Relfe of Rochester, Kent married David Mercer of Brenchley 27 October 1794, Rochester. The record is annotated that the marriage is ‘with the consent of Elizabeth Collins her natural and lawful mother.’ Elizabeth Relf, widow, married Nicholas Collins, widower, 22 December 1778, Rochester. Ambrose Mercer was baptised 30 August 1795, Brenchley and married Sarah Mepham, 18 October 1815, Brenchley.

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