Will of Richard Relf

of Brenchley, Kent

Whereat I have by my dear wife Mary Relf one child namely Matthew and an adopted son named John Bashford who was born prior to my marriage and is now of the age of six years I direct all my just debts funeral and testamentary expenses to be paid by my Executors and Executrix hereinafter named as soon as conveniently may be after my decease

I give and bequeath all the household furniture plate linen china glass books pictures and all the wine liquor fuel and other consumable household stores and provisions of which I shall die possessed unto my said dear wife absolutely
And I also give and bequeath unto my said dear wife the legacy or sum of fifty pounds to be paid or received by her as soon as conveniently may be after my decease

I give devise and bequeath All the rest residue and remainder of my real and personal estate of what nature or kind soever and wheresoever situate of or to which I shall or may at the time of my decease be seized possessed or entitled in possession reversion remainder and expectancy or over which I have now or shall have any disposing power unto and to the use of James Clemetson of Brenchley Miller and Farmer and Thomas Dann of the same place Farmer and my said dear wife Mary Relf their heirs executors administrator and assigns according to the nature and quality thereof respectively

Upon trust that they the said trustees and the survivors and survivor of them and the heirs executors administrators and assigns of such survivor be and shall with all convenient speed after my decease sell dispose of call in and convert into money all my said residuary personal estate and effects (except such parts thereof as shall consist of ready money and leasehold lands and tenements)
And also do and shall with all convenient speed absolutely sell and dispose of all my said residuary real estate and so much of my said residuary personal estate and effects as shall consist of leasehold lands and tenement either together or in lots by public auction or private contract to any person or persons willing to purchase the same and for such price or prices as to the said trustees or trustee for the time being shall seem reasonable And for promoting and facilitating such sale or sales do and shall enter into and execute all such contracts conveyances surrenders assurances acts and deeds as the said trustees or trustee for the time being shall think proper

And I do hereby further declare that the said trustees or trustee for the time being shall stand and be possessed of such part of my said residuary personal estate and effects as shall consist of ready money and of the monies to arise from such part of my said residuary personal estate and effects as I have herein before directed to be sold disposed of called in and converted into money and also of the monies to arise from the sale of my real estate and premises hereinbefore directed to be sold after payment and satisfaction of all such costs charges and expences whatsoever as shall be incurred or sustained in or about such sale conversion and getting in of my said residuary real and personal estate as aforesaid or incident thereto

Upon trust that they the said trustees or trustee for the time being do and shall lay out and invest the residue of the said monies in their his or her names or name in the public stocks or funds or in or upon Government or real securities at interest and do and shall from time to time alter vary and transpose the said stocks funds and securities for or into other stocks funds and securities of a like nature And I direct that the rents issues and profits of all my said residuary real and personal estate in the mean time and until the sale and conversion thereof shall go and be paid and applied in the same manner as the dividends interest and yearly proceeds of the stocks funds and securities in which the said clear monies are hereinbefore directed to be invested would if such investment had taken place go and be payable under the trusts hereinafter declared concerning the same

and I declare that my said trustees or trustee for the time being shall stand possessed of and interested in the said trust monies stocks funds and securities & upon trust to pay unto or permit and suffer my said dear wife to receive the dividends interest and annual proceeds of the same during the term of her natural life she thereout maintaining supporting and educating all my present and any future children that I may have by her and who may be living at the time of my decease or be born in due time afterwards including my said adopted son John Bashford

but I do hereby declare that it shall not be incumbent upon the said trustees or trustee for the time being to see to the application of the said dividends interest and annual proceeds or to ascertain whether any and what part thereof and been applied for the benefit of my said children
And I do hereby further direct that in case my said wife shall marry again she shall cease to be a trustee of this my Will and that the said dividends interest and annual proceeds shall be received by the said trustees or trustees for the time being and paid to her for her sole and separate use subject to such provisions for the benefit of my children as aforesaid free from the control debts and engagements of any husband with whom she may intermarry
And I declare that her receipt alone shall notwithstanding any future coverture be a good and sufficient discharge for all such monies as shall be therein expressed to be received

And from and immediately after the decease of my said Wife I direct that the said trustees or trustee for the time being shall stand possessed of and interested in the said trust monies stocks funds and securities In trust for all and every my child and children now born or hereafter to be born including my said adopted son John Bashford who being a son or sons shall respectively attain the age of twenty one years and being a daughter or daughters shall respectively attain that age or marry under that age with the consent of the trustees or trustee for the time being of this my Will and to be divided between and amongst them if more than one in equal shares as tenants in common including the said John Bashford
And if there shall be but one such child or if the said John Bashford shall survive all my children the whole to be in trust for that one or only child or the said John Bashford as the case may be

And if there shall be no such children and the said John Bashford shall also be dead Then in trust for such person or persons as would at the time of my decease have been intitled thereto under or by virtue of he statutes made for the distribution of the estates of intestates in case I had died a bachelor and intestate and to be divided between or among such persons (if more than one) in the shares and proportions in which the same would be divisible by virtue of the same statutes

Provided always and I do hereby further declare that after the decease of my said wife and in the meantime and until the vesting of the portion or respective portions so provided for my said child or children as aforesaid the said trustees or trustee for the time being may apply the dividends interest and annual proceeds of the portion or respective portions to which such child or children shall be entitled in expectancy or a competent part thereof for or towards his her or their maintenance and education and shall from time to time lay out and invest the residue of the said dividends interest and annual proceeds in the names or name of them or him the said trustees or trustee for the time being in any of the aforesaid stocks funds and securities so that the same may accumulate in the nature of compound interest and shall and may from time to time alter and vary the said dividends interest and annual proceeds and accumulations so to be invested for or into other stocks funds and securities of a like nature at their or his discretion And shall stand possessed of the said accumulations and the stocks funds and securities in which the same shall from time to time be invested and the dividends interest and annual proceeds thereof & Upon and for such and the same trusts intents and purposes and with under and subject to such and the same powers provisions and declarations as in this my Will are declared and contained of and concerning the fund or funds from which the same shall have respectively proceeded or as near thereto as the deaths of parties and other circumstances will permit

Provided always and I do hereby further declare that after the decease of my said wife or in her lifetime with her consent in writing it shall be lawful for the said trustees or trustee for the time being to advance any part not exceeding one half of the portion or respective portions to which any such child or children as aforesaid may be entitled in expectancy for or towards his her or their preferment or advancement in the world

Provided always and I do hereby declare that the receipt of any trustee or trustees for the time being acting in any of the trusts of this my Will to whom any sum of sums of money or any stocks funds or securities for money liable for the time being to any of the said trusts shall become payable or transferable shall be a good and sufficient discharge for such sum or sums of money stocks funds or securities as in such receipt shall be acknowledged to be received or shall be expressed to be acquitted thereby And after any such receipt shall be given the person or persons liable to the payment or transfer of such monies stocks funds or securities and his or their heirs executors administrators and assigns shall be acquitted of and discharged from the same and shall not be answerable for any misapplication or misapplication thereof nor concerned to enquire into the application thereof

Provided also and I do hereby further declare that if the said James Clemetson Thomas Dann and my said dear wife or any of them or any trustee or trustees to be appointed in their or any of their place as hereinafter mentioned shall die or be desirous to be discharged from the trusts aforesaid or any of them or become incapable of acting therein at any time during the continuance of the same trusts it shall be lawful for the surviving or continuing trustee or trustees or the executors or administrators of the last surviving or continuing trustee by any writing or writing under that his or her hand and seal or hands and seals and attested by two witnesses to appoint any person or persons to be a trustee or trustees in the place or stead of the trustee or trustees so dying or being desirous to be discharged or becoming incapable as aforesaid
And when and so often as any new trustee or trustees shall be so appointed as aforesaid all and every my said real and personal estate trust monies stocks funds and securities or such estate and interest therein as shall at the time be vested in the trustee or trustees for the time being by virtue of this my Will shall with all convenient speed be conveyed transferred paid and made over by the said trustees or trustee for the time being in such manner that the same may become well vested in the new trustees or in the continuing trustee or trustees and any such new trustee or trustees upon and for the trusts and purposes hereby declared concerning the same
And I declare that every such new trustee and his or their heirs executors administrators and assigns shall and may in all things act in the arrangement and execution of the trusts and powers of which he shall be appointed a trustee as fully and effectually as if he and they had been originally appointed a trustee or trustees by this my Will

and I declare that my said trustees and such new trustees to be so appointed as aforesaid their heirs executors or administrators or any or either of them shall not be charged with or accountable for any more of my estate and effects or of the trust monies arising by virtue or of this my Will then they shall respectively actually receive nor with or for any loss which may happen of the same or any part thereof without the respective wilful neglects or defaults nor one of them for any other or others of them but each and every of them only for his own acts deeds receipts neglects disbursements and defaults And further that it shall and may be lawful for my said trustees and each and every of them and their and each of their executors and administrators in the first place by and out of the trust monies which shall come to their respective hands by virtue of the trusts aforesaid to deduct for and reimburse himself and themselves respectively and allow to each other all such sums of money costs charges and expences as they or any of them shall pay or sustain by reasons of the trusts and powers hereby vested in them as aforesaid or the management and execution thereof and of any transaction matter or thing in anywise relating thereto

And I do hereby appoint the said James Clemetson Thomas Dann and my said dear wife Mary Relf Executors and Executrix of this my Will and do revoke all former Wills by me at any time heretofore made

In witness whereof I have to this my last Will and Testament contained in five sheets of paper set my hand this sixth day of May one thousand eight hundred and forty two - Richard Relf
Signed by the said testator as his Last Will and Testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have subscribed our names as witnesses -
Wm Stone Solr Tunbridge Wells Kent /-/ Henry Whitley Clerk to Messrs Stone & Hall Solrs Tunbridge Wells

Proved at London the 27th June 1848 before the Judge by the oath of Mary Relf Widow the Relict one of the Executors to whom Admõn was granted having been first sworn by Comõn duly to administer
James Clemetson and Thomas Dann the other Exors and two of the Residuary Legatees In trust having first renounced the Probate and execution of the said Will and also the Letters of Admõn (with the said Will annexed) of the goods of the said deceased.

Notes:
Richard Relf was baptised 18 May 1800, Brenchley, Kent and born to John Relfe (1772-1837, Brenchley) and Ann Usherwood (married 8 November 1797, Brenchley)
(see also the Will of John Relf, Farmer of Brenchley, Kent - National Archives PROB 11/1888/193 Probate: 9 December 1837).
Richard Relf married Mary Bashford, widow, 26 Apr 1840, Speldhurst, Kent. Born Mary Snelling, she married Jesse Bashford 12 Apr 1833, Tonbridge.
John Bashford was baptised 15 Jun 1834, Tonbridge, Kent, Matthew Relf was baptised 25 February 1842, Brenchley.

Return to Kent Genealogy