I give and bequeath unto my late wife’s niece
Jane Mary JOSS spinster the sum of one hundred pounds sterling and I direct the
Executors of this my Will to pay the legacy duty thereon so that she may receive the
full amount of such legacy.
Also I give and bequeath unto George SURRELL of Saint Margaret in the City of Rochester Gentleman the legacy or the sum of nineteen guineas.
Also I give and bequeath all the rest residue and remainder of my personal estate and effects whatsoever and wheresoever (subject nevertheless to and charged and chargeable with the payment of the costs and charges of proving and obtaining probate of this my Will and all other expenses incident thereto and the Legacy duty on the said sum of one hundred pounds hereinbefore bequeathed to the said Jane Mary JOSS) unto and equally between my said brother John ADAMS and my said niece Ann Sophia SUGDEN the share of my niece Ann Sophia SUGDEN to be enjoyed and disposed of by her as separate property free from marital control and her receipt to be sufficient discharge to the Executors of this my Will and in the event of her departing this life in my life time then I give and bequeath the said share of my niece Ann Sophia SUGDEN unto and equally between and among all her children share and share alike.
And I give and devise all that my freehold cottage or tenement now in the occupation of William GREENSTREET situate in Broad Alley in Brompton aforesaid with the appurtenancies unto and to the use of my brother John ADAMS and his assigns for and during the term of his natural life and keeping the same in tenantable repair and insured in a proper sum against loss by fire and from and after his decease I give and devise the same cottage or tenement with the appurtenancies to Charlotte the wife of the said John ADAMS (if she should happen to survive him) so long as she shall remain a widow sole and unmarried and occupy the same as the usual resident and keep the same in tenantable repair and insured in a proper sum against loss by fire and subject to the devises hereinbefore contained
I give and devise all my real estate whatever and wherever which I shall be possessed of unto and to the use of my said niece Ann Sophia SUGDEN and her assigns during her natural life she keeping the same in tenantable repair and insured in a proper sum against loss by fire and from and after the decease of my said niece Ann Sophia SUGDEN I give and devise all my said real estate unto and equally to be divided between and among all and every her then surviving children and their respective heirs and assigns as tenants in common. But nevertheless I empower the Trustees for the time being of this my Will to apply the respective shares original or arrears of the rents of any of the children of my said niece Ann Sophia SUGDEN of and in my said real estate for his or her maintenance and education during his or her minority.
Also I make nominate and appoint my said brother John ADAMS my said niece Ann Sophia SUGDEN and my friend the said George SURRELL Trustees and also Executors and Executrix of this my Will and I declare that the receipts of my Trustees and the survivor of them or other the Trustees or Trustee for the time being of this my Will shall exonerate all various paying or transferring monies or funds to such Trustees or Trustee by virtue of this my Will from all liability in respect of the application thereof. Also I declare that if the said John ADAMS Ann Sophia SUGDEN and George SURRELL my Trustees or either of them shall disclaim or they or either of them or any Trustees or Trustees to be appointed under this clause shall be or shall decline or become incapable or incompetent to act as Trustees or Trustee of this my Will it shall be lawful for the Trustees or Trustee for the time being of this my Will competent to act whether disclaiming or declining further to act or not or the executors or administrators of the last surviving of such competent Trustees as the case may be by any instrument in writing to appoint any persons or person to be Trustees or Trustee in the place and stead of the Trustees or Trustee [WORD] dying or declining or becoming incompetent to act. And I further declare that the Clauses hereinbefore contained as far as they concern any Trustees hereinbefore named shall extend and be applied to the Trustees or Trustee for the time being of this my Will. And I further declare that the Trustees or Trustee for the time being of this my Will shall not be answerable for each others acts or receipts nor for any losses happening without their wilful neglect or default and shall be at liberty to retain and [WORD] to each other all costs charges and expenses incident or in [WORD] relating to the trusts and powers of this my Will
and hereby revoking and declaring null and void all other Wills by me therefore make
& declare this to be my last Will and Testament. In witness whereof to this my last
Will and Testament contained in this and the two preceding sheets of paper I have set
my hand on the day and year first above written. – W. D. Adams – Signed by the said
William Daniel ADAMS the Testator as his last Will and testament in the presence of
us present at the same time [WORD] at his request in his presence and in the presence
of each other have subscribed our names as witnesses –
George ESSELL Solicitor Rochester – Chas. LOTT Clerk to Messrs ESSELL HAYWARD & ESSELL Solts. Rochester.
Proved at London the 29th July 1853 before the Worshipful William [NAME] CURTEIS Doctor of Laws and Surrogate by the oaths of Ann Sophia SUGDEN widow the niece and George SURRELL two of the Executors to whom Admon was granted having been first sworn duly to administer. Power reserved of making the like grant to John ADAMS the brother the other Executor when he shall apply for the same.
Will of William Daniel Adams