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Will of Charles Alchin

of Lee, Kent


Source: Prerogative Court of Canterbury 1852
Submitted by Steve Green
This is the last will of me Charles Alchin of Lee in the County of Kent Gentleman
I direct that all my just debts and funeral expenses and the costs and charges of proving this my will and incidental thereto shall be fully paid and satisfied as soon as conveniently may be after my decease

I give and bequeath unto my wife Tryphena Alchin the use of my household goods and furniture plate linen china glass wines liquors stores and provisions and other my household chattels and effects during the term of her natural life
and at her decease I give and bequeath the same household goods and furniture plate linen china glass and other household chattels and effects and also such of my said wines liquors stores and provisions as shall not have been used and consumed unto and equally between my two daughters Betsy Ellen Alchin and Mary Ann Alchin to and for their own respective absolute use and benefit

And as to all those my several freehold messuages or tenements lands hereditaments and premises in the several parishes of Maidstone Farleigh Boughton Monchelsea and Linton all in the said county of Kent and as to all my stock monies in the public funds monies out at interest or security and owing to me And all and every other the rest residue and remainder of my real and personal estate property and effects whatsoever and wheresoever and of what nature or kind soever the same may be or consist or that I shall or may be possessed of interested in or entitled to whether in possession reversion remainder or expectancy or in any other manner howsoever at the time of my decease I give devise and bequeath the same respectively and every part thereof with the appurtenances unto my two sons Richard Thomas Alchin and John Alchin and Alexander Randall of Maidstone aforesaid Banker their heirs executors administrators and assigns according to the nature and terms thereof respectively upon the trusts nevertheless hereinafter by me declared concerning the same that is to say

upon trust that they or the survivors or survivor of them or their heirs executors administrators or assigns of the survivor of them or the trustees or trustee for the time being in the execution of the trusts of this my will do and shall with all convenient speed after my decease call in and obtain payment of all sums of money due or owing to me from any person or persons whomsoever and also do and shall with the like convenient speed make sale and absolutely dispose of all and every my said freehold messuages or tenements lands hereditaments and premises and such other parts of the residue of my real and personal estate or shall be in their nature saleable and either together or in parts and at one time or several times and either by public auction or private contract or partly by public auction and partly by private contract and subject to such conditions as to title and other matters connected therewith and otherwise in such way and manner as my said trustees shall deem expedient but nevertheless for the best price or prices in money that can be reasonably obtained for the same And do and shall convert or otherwise assure the hereditaments and premises which shall be so sold to the purchaser or respective purchasers thereof or as he she or they respectively may direct And do and shall receive the purchase money or respective purchase monies and forthwith thereafter from time to time lay out and invest the same and also all other sums of money which shall be received under the trusts aforesaid in their or his names or name in the public stocks or funds of Great Britain or in or upon real security or securities of interest in England (with liberty for and I hereby empower my trustees or trustee from time to time to vary and alter the stocks funds or securities or any of them in or upon which any such purchase or other monies shall for the time being be invested and also any stock monies which shall or may be standing in my name or belonging to me at the time of my decease so nevertheless that such securities shall be always either some or one of the public stocks or funds of Great Britain or real security or securities in England

And upon further trust that the trustees or trustee for the time being acting in the execution of the trusts of this my will do and shall pay to her my said wife or otherwise permit her to receive and take the interest dividends and income arising from all monies which shall be laid out or invested under the trusts aforesaid and also of all other my stock monies as aforesaid and likewise all rents issues and profits which in the meantime and until the sale of my said real and personal estate shall arise therefrom until my two youngest children namely the said Mary Ann Alchin and my son James Fone Alchin shall both attain the age of twenty one years or sooner depart this life (whichever shall first happen) and in order and to the interest? that my said wife may be enabled therewith to maintain and support herself and such of my said two youngest children as for the time being shall be under the said age of twenty one years

and when and so soon as both of my said two youngest children shall attain the said age of twenty one years or sooner depart this life (whichever shall first happen) then as to or concerning one equal undivided sixth part or share (the whole into six equal parts or shares to be divided or considered as divided) of and in all my said stocks monies and all other monies which shall arise under the trusts aforesaid or any of them and all stocks funds and securities in or upon which the same or any part thereof shall or may be interested upon trust that the trustees or trustee for the time being of this my will so and shall pay the interest dividends and income of the same equal sixth part or share unto my son Henry Alchin (the child of my former marriage) by equal monthly payments on the first day of every month for the term of his natural life

And when and after his decease then upon trust that the trustees or trustee for the time being of this my will do and shall stand and be possessed of the same last mentioned one equal sixth part or share of my said stock monies and all other monies which shall arise or be invested? as aforesaid and all stocks and securities as aforesaid upon trust for the child if only one and if more than one then for all and every the children of my said son Henry Alchin lawfully begotten or to be begotten who shall be living at the time of his decease and to be equally divided between such children if more than one share and share alike as tenants in common and not as joint tenants and to be a vested interest or vested interests in such child or children respectively immediately upon the decease of my said son Henry Alchin but not to be paid assigned or transferred until he she or they respectively shall have attained the age of twenty one years

And as to the other or remaining five equal undivided sixth parts or shares of my said stocks moneys and all other monies which shall arise under the trusts aforesaid or any of them and all stocks funds and securities in or upon which the same or any part thereof shall or may be invested as aforesaid upon both of my said youngest children attaining the said age of twenty one years or sooner departing this life (whichever event shall first happen as aforesaid) Upon trust that the trustees or trustee for the time being of this my will do and shall pay to her my said wife or otherwise permit her to retain? and take the interest dividends and increase thereof thenceforth during the remainder of her natural life

And upon and after the decease of her my said wife then and thereupon I give and bequeath the same last mentioned five equal undivided sixth parts or shares of my said stocks monies and all other monies which shall arise as aforesaid and all stocks funds and securities as aforesaid unto my before named five children Richard Thomas Alchin Betsy Ellen Alchin John Alchin Mary Ann Alchin and James Fone Alchin equally to be divided between them share and share alike as tenants in common and not as joint tenants and to be paid assigned and transferred to or retained by them respectively accordingly

provided always and I do hereby declare and direct that during the minority of any or either of my said children or grandchildren who shall be entitled to any share or respective shares in possession under the trusts aforesaid it shall be lawful for the trustees or trustee for the time being of this my will to pay and apply the interest dividend and income arising from such share or shares respectively for or towards the maintenance and support or otherwise for the benefit of the minor or minors to whom the same share or shares respectively shall belong and in such manner in all respects as my said trustees or trustee shall in their or his sole and entire discretion think proper

And my will further is and I do hereby expressly declare that the receipt or receipts of the trustees or trustee for the time being acting in the execution of the trusts aforesaid shall be a good and sufficient discharge or discharges to any every purchaser or other person paying to them or him any purchase or other monies under or by virtue of the trusts herein contained or any of them And that no such purchaser or other person shall be liable or obliged to see to the application of his or her purchase or other money or be answerable or accountable for any loss misapplication or nonapplication thereof or of any part thereof

And I do hereby nominate constitute and appoint my two sons Richard Thomas Alchin and John Alchin and the said Alexander Randall to be Executors and Trustees of this my will
And I do hereby expressly declare that neither of them my said executors and trustees or their respective heirs executors or administrators shall be charged with or answerable or accountable for any more of the trust monies estate and premises than they respectively shall actually receive by virtue of this my will (the joining? in any receipt or receipts merely for the sake of conformity notwithstanding) Nor shall any or either of them be answerable or accountable for the other or others of them or for the acts deeds receipts disbursements or defaults of the other or others of them but that each of them shall be answerable and accountable for his own respective acts deeds receipts disbursements and defaults only and also that neither of them shall be answerable or accountable for the insufficiency or deficiency of any security or securities whatever the said trust monies or any part thereof now are or may be invested nor of any broker agent or other person or persons with whom or in whose hands the said monies or any part thereof shall or may be deposited or lodged for safe custody or otherwise in any manner in the execution of the trusts aforesaid or any of them Nor for any other loss or misfortune which may happen to the said trust estate monies and premises or any part thereof unless the same shall happen through his or their respective own wilful neglect or default

And moreover that it shall be lawful for my said executors and trustees and each of them their and each of their heirs executors and administrators with and out of the trust monies and estate aforesaid to deduct and retain to and reimburse himself and themselves respectively and also to pay or allow to his or their co-trustees or co- trustee respectively all such losses costs charges damages fees to counsel for advice and other expenses as they or either of them shall or may been pay suffer sustain incur or be put unto in the management carrying on and execution of the trusts hereby in them reposed or in about or incident to any matter or thing in any wise relating thereto

And lastly do hereby revoke and make void all former and other wills codicils and testamentary dispositions by me heretofore made In witness whereof I the said Charles Alchin the Testator have to this my last will contained in five sheets of paper set my hand that is to say at the bottom of each of the first four sheets hereof and also at the end of this the fifth and last sheet hereof this twentieth day of April in the year of our Lord one thousand eight hundred and forty one Chas Alchin Signed by the said Charles Alchin the Testator as and for his last will in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto set our names as witnesses hereto
Thos Parker Jr, solicitor, Lewisham - Francis Barber his clerk

Proved at London the 29th March 1852 before the worshipful Alfred Waddelove? Doctor of Laws and Surrogate by the oaths of Richard Thomas Alchin and John Alchin the sons two of the executors to whom Admon was granted having been first sworn duly to administer. Alexander Randall the other executor and one of the residuary legatees in trust named in the said will having first renounced the probate and execution thereof and also the letters of Admon with the said will annexed of the goods of the said deceased (as by Acts of Court appears)


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Will of Charles Alchin
Created by Maureen Rawson