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Will of Anna Alchin

of Plaxtol, Kent


Source: Prerogative Court of Canterbury 1847
Submitted by Steve Green
This is the Last Will and Testament of me Anna Alchin of Plaxtol in the County of Kent spinster made published and declared this twenty first day of June in the year of our Lord one thousand eight hundred and thirty seven

First I constitute and appoint my brother in law John Rabson and my sister Rebecca his wife my brother in law Jennings Gibbs and my sister Sarah his wife Executors and trustees of this my Will

Also I give and devise all my real estate (except estates vested in me as a Trustee or Mortgagee) and I give and bequeath all my personal estate to my said Executors and Trustees their heirs executors administrators and assigns respectively upon trust to sell my real estate together or in parcels by public auction or private contract and to convert into money and get in my said personal estate and out of the produce of such sale of my said real estate and of such conversion and getting in of my said personal estate
to pay in the first place my debts and funeral and testamentary expenses
and then to pay to Edward Godfrey my nephew and Rebecca Alchin the natural daughter of my sister Mary Twist one hundred pounds sterling apiece such sum of one hundred pounds to be paid to each of them the said Edward Godfrey and Rebecca Alchin respectively at such time or times and in such proportion as the trustees or trustee for the time being of this my will may think proper

and then upon trust as to one fourth part of the residue of the said principal trust moneys to pay the same to my sister the said Rebecca Rabson her executors admons and assigns to and for her and their own use absolutely
and one other fourth part thereof upon trust to pay the same to my said sister the said Mary the wife of the said William Twist her executors administrators or assigns to and for her and their own use absolutely
And to one other fourth part thereof upon trust to pay the same to the said Sarah the wife of the said Jennings Gibbs her executors administrators or assigns to and for her and their own use absolutely

and as to the other or remaining fourth part thereof upon trust to invest the same in the names or name of the trustees or trustee for the time being of this my will in or upon any of the paid? stocks funds or securities of the United Kingdom or any such securities in England or Wales with liberty for the said trustees or trustee to vary and transpose the investments from time to time for any other investment of the description aforesaid and upon trust that the trustees or trustee for the time being of this my will shall pay the said dividends interest and proceeds of the said trust money as and when then same shall become due and payable unto or for the benefit of my sister Hester Godfrey for and during the term of her natural life
and it is my will and desire that the said trustees or trustee for the time being of this my will shall pay the said dividends interest and proceeds into the proper hands of the said Hester Godfrey and I do hereby direct and declare that the receipt or receipts of the said Hester Godfrey and her receipt or receipts only shall be a good and sufficient discharge and good and sufficient discharges to the person or persons paying the same for so much thereof as in such receipt or receipts shall be acknowledged or expressed to be received so that the same may be for her sole and separate use and benefit and not subject to the debts controll disposition or arrangements of her present or any future husband
Nevertheless I hereby empower the trustees or trustee for the time being of this my will notwithstanding anything hereinbefore contained at their discretion to pay to the said Hester Godfrey or apply for her use and benefit absolutely any part or parts of the whole of the said last mentioned principal trust money

And from and after the decease of the said Hester Godfrey upon trust to pay the said principal trust money or such part of the same (if any) as shall remain unpaid or unappiled to or for the benefit of the said Hester Godfrey at the time of her death to such child or children of the said Hester Godfrey then living and such issue then living of any child or children of the said Hester Godfrey then deceased as shall have attained the age of twenty one years or be or have been married or shall attain that age or marry as tenants in common in a purse of distribution according to the stocks and not to the number of individual objects and so that the issue of deceased children shall take by way of substitution the share or respective shares only which the parent or respective parents would have taken

And I empower the trustees or trustee for the time being of this my will to give receipts for all moneys and effects to be paid or delivered to such trustees or trustee by virtue of my will and declare that such receipts shall exonerate the person taking the same from liability to see to the application or disposition of the money or effects therein mentioned or for any loss misapplication or nonapplication thereof
and I direct that until sale of my said real estate the rents and profits thereof shall be paid and applied by the trustees or trustee for the time being of this my will in equal fourth parts to and for the benefit of the said four persons to or for whose benefit I have hereby directed the produce of sale of my said real estate to be paid or applied in fourths as aforesaid so and in such manner as I have hereby directed the the said produce or sale to be paid or applied as aforesaid in fourths or as nearly thereto as may be

Also I give and devise all estates vested in me as mortgagee or trustee unto and to the use of my said trustees and executors their heirs and assigns sunject to the trusts and equities affecting the same respectively and I do hereby authorize and empower the trustees and trustee for the time being of this my will to pay and discharge any debt or debts owing by or claimed from me upon any evidence they shall think proper and to accept any security real or personal for any debts owing to me and also to compound for any such debts and to allow such time for the payment thereof as to them him or her shall appear reasonable
And I do so hereby declare that not any legacy or legacies hereinbefore contained shall ... or be taken as a discharge or extinguishment of any debt or debts or ... or sums of money that shall or may be due or owing to me at the time of my decease from any legatee or legatees hereinbefore named
Provided always and I further declare that my said Executors and the trustees or trustee for the time being of this my will shall be charged and chargeable respectively for such monies only as they he or she respectively shall actually receive by virtue of the trusts hereby in them reposed
notwithstanding their or any of their giving and signing or joining in giving or signing any receipt or receipts for the sake of conformity and any one or more of them shall not be answerable or accountable for the others or other of them or for involuntary losses
And also that it shall and may be lawful for them and each of them with and out of the monies which shall come to their respective hands by virtue of the trusts aforesaid to retain to and reimburse themselves himself or herself respectively and also their respective co-executors and co-trustees all costs charges damages and expences which they or any of them shall or may suffer sustain expend disburse or be at or be put unto in or about the execution of the aforesaid trusts or in relation thereunto
Also I empower the trustees and executors for the time being of this my will and the executors or administrators of any surviving executor or trustee to nominate in writing any person or persons to supply the place of my executor or trustee or executors or trustees of this my will who shall die or become incapable or unwilling to act when and so often as a vacancy shall occur and in every such appointment the necessary assurance shall be executed for vesting my trust estates in the new and old Executor or executors trustee or trustees or in ... the new executor or executors trustee or trustees solely as the case may require?

And I do hereby revoke all former wills by me at any time heretofore made and I do declare this to be my last will and testament In witness whereof I the said Anna Alchin the Testatrix have to this my last Will and Testament contained in four sheets of paper set my hand and affixed my seal (to wit) set my hand to the first three sheets and my hand and seal to this fourth and last sheet dated the day and year first above written - Anna Alchin - signed sealed published and declared by the said Anna Alchin the Testatrix as and for her last Will and Testament in the presence of us who in her presence at her request and in the presence of each other have hereunto subscribed our names as witnesses thereof
Silas Norton, sol'r West Malling Kent - Thos Geo ... - Benjamin George his clerks

This is a Codicil to the last will and testament of me Anna Alchin of Plaxtol in the County of Kent Spinster which I made and duly published the twenty first day of June in the year one thousand eight hundred and thirty seven (hereunto annexed)

Whereas in and by my said will I have given and bequeathed unto Rebecca Alchin therein named a legacy of one hundred pounds sterling Now I do by this codicil to my said will confirm such bequest and do direct the same to be paid to the said Rebecca Alchin free from legacy duty the legacy duty on which I hereby charge on my residuary eatate

Also I give and devise all the real estate which I may hereafter purchase or which I shall die seized unto the trustees of my said will their heirs and assignes upon the same trusts as my real estate is thereby subject to
Also I give and devise all my real estates which may be vested in me at the time of my decease as mortgagee or trustee unto the trustees of my said will their heirs or assignes subject to the trusts and equities affecting the same respectively

And I do confirm my said will in every particular thereof that is not hereby altered or revoked
In witness whereof I the said Anna Alchin have hereunto set my hand this fourteenth day of May one thousand eight hundred and thirty eight - Anna Alchin - Signed by the said Testatrix in the presence of us and who were together present at such signing and who in her presence at her request and in the presence of each other have hereunto subscribed our names as witnesses thereto
Silas Norton, sol'r West Malling, Kent - Benj'n George his clerk.

Proved at London with a codicil the 24th August 1847 before the worshipful John Elliot Pasley Robertson Doctor of Laws and Surrogate by the oaths of John Rabson Rebecca Rabson wife of the said John Rabson the sister Jennings Gibbs and Sarah Gibbs wife of the said Jennings Gibbs the sister also the Executors to whom admon was granted having been first sworn duly to administer


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Will of Anna Alchin
Created by Maureen Rawson