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Will of Thomas Alchin

of Sutton near Dartford, Kent


Source: Prerogative Court of Canterbury 1854
Submitted by Steve Green
This is the last will and testament of me Thomas Alchin of Sutton near Dartford in the county of Kent Esquire
First I will and direct that all my just debts funeral and testamentary expenses and the costs and charges of proving and otherwise relating to this my will shall be fully paid and satisfied as soon as conveniently may be after my decease

I give unto each of my sisters Mrs Mary Best of Meopham in the said county of Kent widow and Sarah the wife of William Thomas Elgar of Sutton aforesaid Esquire and also unto each of my aunts Mary Walter widow and Ann Muggeridge of Borton? in the said county widow and to Letitia the wife of my nephew John Sils Charlton of Tonbridge Miller and to Frances wife of my nephew Thomas Charlton of Ightham in the said county of Kent farmer a dress ring of the value of five guineas as a token of my friendship and esteem

I give unto each of them the said William Thomas Elgar and William Andrus of Meopham in the said county farmer Philip Day (Ray?) of Horton in the said county farmer and John Reville (Neville?) of Sutton at Hone in the said county farmer a ring of the value of three guineas as a token of my esteem and regard

I give unto the said John Sils Charlton and Thomas Charlton my trustees and executors hereinafter named the sum of two thousand five hundred pounds sterling of lawful money of Great Britain upon trust that they the said John Sils Charlton and Thomas Charlton or the survivor of them or other the trustees or trustee of this my will ao and shall lay out and invest the said sum of two thousand five hundred pounds in their or his names or name in the parliamentary stocks or funds of Great Britain or on real securities in England and from time to time alter vary and transpose the said trust monies so as to be laid out and invested as aforesaid for into or upon other stocks funds and securities of the like nature at their or his discretion and I declare that they or the trustees or trustee for the time being as aforesaid shall stand possessed of the said trust monies and the interest dividends and the annual product thereof and all accumulations thereof upon trust
as to one thousand pounds part thereof to pay the interest dividends and annual product thereof unto my niece Mary Ann Andrus the wife of the said William Andrus for her natural life and from and after her decease upon trust to transfer to or otherwise pay the said principal sum of one thousand pounds equally among all and every the child and children of the said Mary Ann Andrus lawfully begotten if they shall have attained or when and as they shall respectively attain the age of twenty one years
and as to the sum of one thousand five hundred pounds the remaining part of the said sum of two thousand five hundred pounds to pay the interest dividends and annual product thereof unto or for my niece Sarah Rebecca Elgar for and during her natural life and from and after her decease upon trust to transfer or otherwise pay the said principal sum of one thousand five hundred pounds equally between and among all and every the child or children of the said Sarah Rebecca Elgar lawfully to be begotten if they shall or when and as they shall respectively attain the age of twenty one years
But in case the said Sarah Rebecca Elgar shall not live to attain the age of twenty one years or be married then I direct that the said principal sum of one thousand five hundred pounds and all accumulations thereof if any shall sink into and form part of my residuary personal estate and to be disposed of accordingly

And as to all my real estate and all the rest residue and remainder of all my Personal Estate and Effects Whatsoever and wheresoever I do give devise direct limit appoint and bequeath the same unto the said John Sils Charlton and Thomas Charlton their heirs executors administrators and assigns according to the natures and qualities thereof respectively to the uses and upon the trusts following that is to say
Upon trust that they the said John Sils Charlton and Thomas Charlton and the survivor of them and the heirs executors administrators or assigns of such survivor or other the trustees or trustee for the time being of this my will to and shall call in and invest in their joint names such part of my personal estate as may not be invested at the time of my decease in or upon any of the parliamentary securities stocks or funds of Great Britain or in or upon real securities in England at interest and the same together with that part of my said personal estate which may be found to be invested at the time of my decease to stand possessed thereof and from time to time to sell or dispose of or vary alter or transpose such securities for other securities of the like nature when and as often as they or he may deem it expedient and upon further trust from time to time to collect get in and receive the rents issues and profits of my real estate and the dividends interest and annual proceeds of my personal estate and for that purpose make entries and bring actions as occasion shall require and (after deducting from such principal monies the said sum of two thousand five hundred pounds the trusts whereof are hereinbefore declared) from time to time pay and apply the same rents interest dividends and proceeds unto or to the use of my nephew the said John Sils Charlton Thomas Charlton my niece the said Mary Ann Andrus and my niece the said Sarah Rebecca Elgar in equal shares and proportions for and during the terms of their respective natural lives
and I do declare my will and meaning to be that the part or share respectively of the said Mary Ann Andrus and Sarah Rebecca Elgar of and in the said rents issues and profits dividends interest and annual produce shall be sole use and benefit of them the said Mary Ann Andrus and Sarah Rebecca Elgar separate and apart from and independent of any husband or husbands and so and in such manner that they the said Mary Ann Andrus and Sarah Rebecca Elgar may not effectually anticipate charge or incumber the growing payments of their said parts of and in the said rents issues and profits dividends interest and annual produce and that the same may not be subject to the claims of any person or persons to whom their husband or husbands respectively may become indebted and that the receipts of the said Mary Ann Andrus and Sarah Rebecca Elgar respectively alone as well when sole as covert and notwithstanding their coverture shall be a sufficient discharge for the same

provided always and I do declare that when and so soon as either of them the said John Sils Charlton Thomas Charlton Mary Ann Andrus and Sarah Rebecca Elgar shall die leaving lawful issue of his or her body then and in such event they my said trustees or the survivor of them his heirs executors or administrators or the trustees or trustee for the time being acting under this my will do and shall make sale and absolutely dispose of all and every my real estates either altogether in one lot or by parcels and in several lots and either by public auction or private contract or partly by public auction and partly by private contract with liberty if they or he shall think fit to buy in the same or any part or parts thereof at any auction and to resell the same at any future auction or by private contract without being liable to answer for any loss or diminution in price and to convey and assure the said real estates when so sold unto the person or persons who shall agree to become the purchaser or purchasers thereof and to his her or their heirs or assigns or to such person or persons as he she or they may direct or appoint

and I will and declare that the receipt and receipts of the said John Sils Charlton and Thomas Charlton and the survivor of them or of the heirs of such survivor or of the trustees or trustee for the time being acting under this my will shall from time to time be a sufficient discharge or sufficient discharges to the purchaser or purchasers for his her or their purchase money or so much thereof as shall be therein acknowledged to be received and that such purchaser or purchasers his her or their heirs executors administrators or assigns or any of them shall not afterwards be obliged to see to the application or be answerable or accountable for any loss misapplication or nonapplication of such purchase money so received or any part or parts thereof
and I do declare and direct that the trustees for the time being of this my will shall stand possessed of the monies to arise from such sale or sales together with all other my said personal and residuary estate upon trust to pay and apply the dividends interest and annual produce thereof equally among the survivors or survivor of them the said John Sils Charlton Thomas Charlton Mary Ann Andrus and Sarah Rebecca Elgar and the lawful child or children of such of them as maybe dead such child or children taking equally between them the share of the deceased parent or parents only per stirpes? and not per capita
And upon further trust that when and as the child or children of the deceased parent or parents shall respectively attain the age of twenty one years I do direct that the principal monies in respect of which they he or she derived his or her dividends and interest aforesaid under the powers of this my will shall vest in him or her and shall be paid assigned or transferred by my trustees unto such children and child accordingly and in case any one or more of the children or either of them the said John Sils Charlton Thomas Charlton Mary Ann Andrus and Sarah Rebecca Elgar shall die under the age of twenty one years then as well the original share or shares as every accruing share or shares of him her or them so dying of and in the said principal monies interest and dividends shall be in trust for the brothers and sisters of him or her so dying and shall be equally divided among them share and share alike if more than one and if but one then wholly to that one
but in case there shall be a total failure of issue of any one or more of them the said John Sils Charlton Thomas Charlton Mary Ann Andrus and Sarah Rebecca Elgar or being issue none of them shall live to attain the age of twenty one years then in trust for the children of the others or other of them the said John Sils Charlton Thomas Charlton Mary Ann Andrus and Sarah Rebecca Elgar in equal shares if more than one and if but one then wholly to that one and to become vested and payable at such ages and times as the original shares or share of such children or child would have become vested and payable under the trusts of this my will
and in the event of a total failure of issue living to attain twenty one of all of them the said John Sils Charlton Thomas Charlton Mary Ann Andrus and Sarah Rebecca Elgar then upon trust to transfer all my estate and effects unto and equally between my next of kin

And I do declare my will and meaning to be that subject and without prejudice to the power of sale and other provisions hereinbefore contained it shall and may be lawful to and for the trustees or trustee for the time being of this my will by indenture or indentures to be sealed and delivered by them or him respectively in the presence of and attested by two or more credible witnesses to limit and appoint by way of demise or lease all or any part or parts of the said hereditaments and premises for any term or number of years not exceeding twenty one years to take effect in possession and not in reversion and so that there be reserved the best and most improved yearly rent or rents to be incident to the immediate reversion of the hereditaments so to be leased that can or may be reasonably had or gotten for the same without taking any fine premium or foregift for the making thereof and so that there be contained in every such indenture of lease a reasonable condition for re-entry after default for a time to be limited in payment of the rent or rents thereby respectively to be reserved after the same rent or rents shall respectively become payable and so as the person or persons to whom such a demise or lease shall be made shall execute a counterpart or counterparts thereof and shall not by any clause or words to be contained therein made as punishable for waste except occasioned by fire or other involuntary accident

and it is my will that if the said John Sils Charlton or Thomas Charlton or any trustee or trustees to be appointed under this provision in their place or the place of either of them shall depart this life or be desirous of being discharged of and from the aforesaid trusts or shall go to reside beyond the seas or shall neglect or refuse or become incapable to act in the said trusts before the said trusts shall be fully executed and performed then and in that case and as soon and as often as the same shall happen it shall be lawful for and I do hereby direct that the said trustee or trustees for the time being or the last acting trustee or the executors or administrators of the last acting trustee together with such of the said legatees of my said trust funds as may then be at the age of twenty one years to nominate and appoint within three calendar months after either of such events may have happened any fit person or persons to supply the place of the trustees respectively so dying desiring to be discharged or going to reside beyond the seas or refusing neglecting or becoming incapable to act as aforesaid and immediately after every such appointment the trust estates monies and effects shall be conveyed and disposed of so and in such manner that the same may vest in such trustee or trustees jointly with the surviving or continuing trustee or solely as the case may require and in his her or their heirs executors administrators or assigns upon the trusts hereinbefore expressed and declared of and concerning the same or such of them as shall be then subsisting and capable of taking effect
and I do declare that all and every such new trustees or trustee shall have and may exercise the same powers privileges and authorities as if such trustees or trustee had been appointed by this my will and as if their his or her names or name had been herein inserted instead of the names or names of the trustees or trustee hereby appointed in or to whose place such new trustees or trustee respectively shall come or succeed
And it is my will and meaning and I do hereby further declare that my trustees and executors or either of them their or either of their heirs executors or administrators shall not be answerable or accountable for or charged with any more of the aforesaid estate and effects than they or he shall actually receive or than shall come to his or their respective hands by virtue of this my will or any of the trusts thereof nor with or for any loss or reduction which shall or may happen in or to the same or any part thereof so as such loss happen without their respective wilful neglect or default nor the one of them my said trustees and executors for the others or other of them or for the acts deeds receipts disbursements neglect or default of the others or other of them but each for himself only and that it shall and may be lawful for them my said trustees and executors and each of them and the survivors and survivor of them and the heirs executors and administrators of such survivor at all times by and out of the monies which shall come to their and his hands by virtue of this my will in the first place to deduct retain and reimburse themselves and himself all such costs charges and expenses as he they or any of them shall sustain expend or be put unto in or about the execution of this my will or the trusts thereof or any thing in any wise relating thereto

and I do hereby nominate constitute and appoint the said John Sils Charlton and Thomas Charlton executors of this my will And I do hereby revoke and make void all former and other wills and testaments and codicils by me made and declare this only to be my last will and testament In witness whereof I have to this my last will and testament written on eight sheets of paper set my hand this twenty fourth day of August in the year of our Lord one thousand eight hundred and forty five Thomas Alchin Signed and acknowledged by the said Thomas Alchin the testator as his last will and testament in the presence of us being present at the same time who at his request in his presence and in the presence of each other subscribe our names as witnesses
C French London St., London - John Matthews Sol'r Gravesend Kent

This is a codicil to my will
I give unto John Sils Charlton and Thomas Charlton in my mentioned five hundred pounds of lawful money of Great Britain upon trust that they the said John Sils Charlton and Thomas Charlton or the survivor of them or the heirs executors administrators and assigns of such survivor do and shall lay out and invest the said sum of five hundred pounds in their or his names or name in the parliamentary stocks or public funds of Great Britain or real securities of England and from time to time to alter vary and transpose the said trust monies so to be invested as aforesaid or into or upon other stocks funds and securities of the like nature at their or his discretion
I declare that the said trustees or trustees for the time being shall stand possessed of the said trust monies and the interest dividends and annual produce thereof and all accumulations thereof upon trust to pay the interest dividends and produce thereof unto my grandniece Fanny Andrus the daughter of William Andrus in my will mentioned until she attains the age of twenty one years and when and as that event shall happen to assign transfer and pay over the said principal sum of five hundred pounds to and for her own absolute use and benefit
but in case the said Fanny Andrus shall not live to attain the age of twenty one years then I direct that the said legacy of five hundred pounds and all accumulations thereof (if any) shall sink into and form part of my residuary personal estate and in all other respects I confirm my will
In witness whereof I have hereunto set my hand this twenty fourth day of September one thousand eight hundred and forty five Signed and acknowledged by the said Thomas Alchin the testator as a codicil to his last will in the presence of us being present at the same time who at his request and in the presence of each other subscribe our names as witnesses
J. Matthews, Solicitor Gravesend - William Middlebrook his Clerk

This is a codicil to my will
Whereas my niece Mary Ann Andrus of Meopham widow is indebted to me in a sum of one hundred and twenty two pounds twelve shillings and nine pence being a fourth part of a sum of four hundred and ninety pounds seven shillings secured to me as Executor of my late father by a warrant of attorney under the hand of the said Mary Ann Andrus dated the eighteenth of November one thousand eight hundred and forty six
and whereas my said niece is also indebted to me for a further sum of nine hundred and thirty five pounds three shillings and four pence on a certain other warrant of attorney of the same date now I do hereby give and bequeath unto her my said niece Mary Ann Andrus the said respective sums of one hundred and twenty two pounds twelve shillings and nine pence and nine hundred and thirty five pounds three shillings and four pence or so much thereof as shall be due and owing from her in respect thereof at the time of my decease and all interest due in respect thereof and do direct my executors to acquit and discharge her of and from the payment of the same accordingly
As witness my hand this thirty first day of March one thousand eight hundred and forty seven Thomas Alchin Signed published and declared by the testator Thomas Alchin as a codicil to his will in the presence of us who in his presence and in the presence of each other subscribe our names as witnesses
Jno Matthews, Solicitor, Gravesend, Kent - J.P. Carmody? his clerk

This is a further codicil to my within written will
whereas William Andrus therein named is now dead leaving the within named Mary Ann Andrus his widow surviving now I do thereby will and declare that in case and when the said Mary Ann Andrus shall marry again without having the previous consent of both my said executors and trustees or my executors or trustees for the time being the interest dividends and other monies and all other benefit given to her in and by my said will shall cease and determine? and that in lieu and stead thereof she shall have and I do in that event give and bequeath unto her for her natural life and for her own separate use and benefit the clear yearly sum of fifty pounds sterling to be paid to her by equal quarterly payments and I do will that the surplus dividends interest and proceeds over and above the said sum of fifty pounds per annum which she would have been otherwise entitled to had she remained a widow shall as and be applied to and among her child and children at the same time and in the same manner as the other dividends interest and monies are directed to be paid or transferred to them in and by my said will and that in the mean time such surplus interest dividends and proceeds shall be and remain and accumulate at interest to and for the benefit of her children by the said William Andrus as in my said will is directed concerning their original shares
and in all other respects I do hereby ratify and confirm my said will and my first codicil annexed thereto
In witness whereof I have hereunto set my hand this eighteenth day of December one thousand eight hundred and fifty two Thos Alchin Signed and acknowledged by the said Thomas Alchin the testator as a codicil to within will in the presence of us who in his presence at his request and in the presence of each other subscribe our names as witnesses
John Matthews Solicitor St. ... St., West London - Louisa Ann Packman servant to Mrs Elgar Sutton

Proved at London with three codicils the 10th May 1854 before the Worshipful William Robinson Doctor of Laws and Surrogate by the oaths of John Sils Charlton Esquire and Thomas Charlton Esquire the nephews the executors to whom admon was granted having been first sworn duly to administer


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Will of Thomas Alchin
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