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Will of Thomas Allchin

of Ditton, Kent


Source: PCC 1857
Transcribed by Steve Green
This is my last Will and Testament of me Thomas Allchin of Ditton in the County of Kent Miller I appoint my nephew William Henry Allchin of No 7 Pembroke Villas Westbourne Cross Bayswater in the County of Middlesex Bachelor of Medicine and Thomas Andrews of East Malling in the County of Kent Gentleman Executors and Trustees of this my will and to each of whom for the trouble he will have in the execution of this my will I bequeath the sum of fifty pounds.

I give devise and bequeath unto my daughter Mary Ann Allchin all those my two freehold cottages at Town Malling in the County of Kent with their rights members and appurtenances thereto respectively belonging to hold the same unto and to the use of my said daughter Mary Ann Allchin her heirs and assigns for her and their own use and benefit forever. I direct an Inventory to be taken and valuation made with all convenient speed after my decease by a competent person or persons to be selected by my said Executors and Trustees of all and every the stock in trade horses waggons carts implements and utensils which shall be belonging to and used by me in my said trade or business of a Miller at the time of my decease and also of all and every my household furniture goods plate linen china glass books pictures wines liquors household stores and other effects which shall be in upon or about my Dwelling house at the time of my decease.

And I do hereby declare and direct that on payment within three months after such valuation as aforesaid shall be made by my daughter Mary Ann Allchin to my said Executors and Trustees of the total amount of such valuation my said Executors and Trustees shall deliver and hand over to the said Mary Ann Allchin her Executors Administrators and Assigns to and for her and their own absolute use and benefit all and every the articles chattels and effects comprised in such Inventory and valuation as aforesaid and in such case my said Executors and Trustees shall stand possessors of the amount which shall be so paid to them by the said Mary Ann Allchin for the purchase of such articles and effects as aforesaid Upon such and the like trusts as are hereinafter expressed and declared of me and concerning my residuary Estate and Effects and the stocks or funds in which the same shall be invested under the trusts hereinafter contained But in case my said daughter the said Mary Ann Allchin shall refuse or decline or neglect or omit to pay to my said Executors and Trustees the amount of the aforesaid valuation within three months after the making of such valuation as aforesaid Then upon trust that they my said Trustees shall and do immediately after the expiration of the said period of three months sell and dispose of and convert into money all and every my said stock in trade horses waggons carts implements and utensils household goods furniture plate linen china and other effects in such and the same manner as is hereinafter directed with respect to the sale and conversion of my residuary Estate and Effects and shall and do stand possessors of and interested in the monies to arise and be produced by and from the sale and disposal thereof in such and the same trusts and for such and the same ends intents and purposes as are hereinafter expressed and declared with reference to the Monies to arise and be produced from the sale and conversion of my residuary personal Estate.

I give devise and bequeath unto the said William Henry Allchin and Thomas Andrews theirs heirs Executors Administrators and Assigns my freehold house and premises at Ditton aforesaid in which I now reside and all other my real estate whatsoever and wheresoever situate except my said two freehold cottages at Town Malling hereinbefore given to my said daughter Mary Ann Allchin and all my personal Estate and Effects of whatsoever nature kind or description hereinbefore otherwise disposed of to hold my said real and personal estates with their and every of their rights members and appurtenances unto and to the use of the said William Henry Allchin and Thomas Andrews their heirs Executors Administrators assigns respectively for ever or according to the nature and tenure of the same properties respectively but nevertheless upon the trusts and for the intents and purposes hereinafter expressed and declared of and concerning the same (that is to say) Upon trust that they my said Trustees and the survivor of them and the Executors Administrators and Assigns of such survivor or other the Trustees or Trustee for the time being of this my will shall (also ?) from after my decease and from thenceforth during the natural lives of my two daughters the said Mary Ann Allchin and Elizabeth Golding (or until the same estates shall be sooner sold and disposed of under the power hereinafter contained ) receive and pay the rents issues and profits of my said freehold house at Ditton aforesaid and of all other my real Estate except as aforesaid to such persons and in such proportions manner and form and for such terms and interest in all respects as is hereinafter contained with reference to the dividends interest and income to arise and be produced from my said residuary personal Estate and Effects and the stocks funds and securities in which the same shall or may be invested under the trusts hereinafter contained and upon the decease of such one of them my said two daughters as shall first died Upon further trust that the Trustees or Trustee for the time being of this my will shall and do forthwith sell and dispose of all my said real Estates except as aforesaid including my said freehold house at Ditton aforesaid either by public auction or private contract and in such manner and with under and subject to such conditions in all respects and particulars as to the said Trustees or Trustee for the time being shall see fit and proper with liberty to buy in the same and to resell the same without being liable for any loss or deficiency and to convey and assure the same to the purchasers thereof and to give receipts for the purchase monies for the same which (.) shall exonerate such purchasers from all liability whatsoever in respect of the said purchase monies or the application thereof and I do hereby declare and direct that the Trustees or Trustee for the time being of this my will shall stand possessed of and interested in the monies to arise and be produced by such sale or sales of my said real Estates upon such and the like trusts as are hereinafter expressed and declared of and concerning the monies to or arise and be produced from the sale and conversion of my residuary personal Estate and Effects and the stocks funds and securities in which the same shall or may be invested under the trusts hereinafter contained and I do hereby declare and direct that the said William Henry Allchin and Thomas Andrews and the survivor of them and the Executors Administrators and Assigns of such survivor shall stand and be possessed of and interested in all and every my residuary personal Estate and Effects whatsoever and wheresoever and of what nature and kind soever not hereinbefore otherwise disposed of Upon trust that they the said William Henry Allchin and Thomas Andrews and the survivor of them and the Executors Administrators and Assigns of such survivor shall and do with all convenient speed after my decease and in such manner as to them or the survivor of them shall seem most fit and proper sell and dispose of and convert into money all such parts of my said personal Estate and Effects as shall not consist of securities for Money or shall be in their nature saleable and shall and shall and do and collect and get in the debts and monies due and owing to me at the time of my decease and shall and out of the Money to arise from such sale conversion and getting in of my said personal Estate and Effects pat satisfy and discharge my just debts funeral and testamentary expenses and the legacies hereby bequeathed and from and after payment thereof shall and do lay out and invest the residue of such monies and all my residuary personal Estate in the name or names of the Trustees or Trustee for the time being of this my will in or upon any of the public stocks funds or securities of the United Kingdom or any real securities in England or Wales.

And I do hereby declare that the Trustees or Trustee for the time being of this my will shall stand and be possessed of and interested in the stocks funds and securities in or upon which the Monies to arise by the sale and conversion of my said personal Estate and Effects shall be invested as aforesaid. Upon the several trusts following (that is to say) in trust to pay one equal moiety or half part of such dividends interest and income as and when the same shall from time to time become due and payable unto my said daughter the said Elizabeth Golding and her assigns for and during her natural life for her sole and separate use and benefit free from the debts control or interference of her present or any future husband and her receipts alone notwithstanding her coverture (but not in any manner of anticipation) to be an effectual discharge for the same and from and immediately after the decease of the said Elizabeth Golding then as to for and concerning one equal moiety or half part of the stocks funds or securities in which my said residuary personal Estate and Effects and also the Monies to arise and be produced by the sale of my said real Estates shall be invested as aforesaid upon trust for such one or more of the child or children of the said Elizabeth Golding by her present or any future husband in exclusion of any one or more of the other or others of such child or children and in such parts shares and proportions manner and form as the said Elizabeth Golding by her last Will and Testament in writing or any codicil thereto to be duly executed by her and attested shall notwithstanding her coverture and whether covert her sole direct limit or appoint and in default of any such direction limitation or appointment and so far as any such if made shall fail of operation or effect in trust for all and every the child and children of the said Elizabeth Golding by her present or any future husband who shall be living at the decease of the said Elizabeth Golding and who being a son or sons shall live to attain the age of twenty one years and being a daughter or daughters shall attain the aforesaid age or be married which shall first happen and the issue of any child or children of my said daughter Elizabeth Golding who shall have died in her lifetime leaving some living at the decease of my said daughter as Tenants in common and not as joint tenants in a course 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 distribution the share or shares only which their parent or respective parents would if living have taken and for want or in default of any such children of the said Elizabeth Golding living to attain the age of twenty one years or marriage aforesaid or of any such issue of a deceased child or children as aforesaid. Upon trust to pay assign and transfer the said moiety of the said trusts stocks funds monies and premises together with the interest dividends and annual produce thereof unto such person or persons as would be or have been the next of kin of the said Elizabeth Golding at the time of her decease in case she had died a (.) sole and without having ever been married according to the statute for the distribution of estates of persons dying intestate and upon further trust to pay the other moiety or undivided half part of the dividends interest and income of the said stocks funds and securities in which my said residuary personal Estate and Effects shall be invested under the trusts aforesaid as and when the same shall from time to time be received unto my said daughter Mary Ann Allchin and her assigns for and during the term of her natural life for her sole and separate use free from the debts control engagement or interference of any husband with whom she may hereafter intermarry and the receipts alone notwithstanding her coverture and whether covert or sole but not in any manner of anticipation to be an effectual discharge for the same and from and immediately after the decease of the said Mary Ann Allchin then as to for and concerning the said last mentioned moiety of the said stocks funds or securities and also of the Monies to arise and be produced by the sale of my said real Estate under the trusts aforesaid Upon trust for such one or more of the child or children of the said Mary Ann Allchin in exclusion of any one or more of the other or others of such child or children and in such parts shares and proportions manner and form as the said Mary Ann Allchin by her last Will and Testament in writing or any codicil thereto to be duly executed by her and attested shall notwithstanding any coverture and whether covert or sole direct limit or appoint and in default of any such direction limitation or appointment and so far as any such if made shall fail of operation or effect in trust for all and every the child or children of the said Mary Ann Allchin who shall be living at the decease of the said Mary Ann Allchin and who being a son or sons shall live to attain the age of twenty one years and being a daughter or daughters shall live to attain the aforesaid age or be married which shall first happen and the issue of any child or children of my said daughter Mary Ann Allchin who shall have died in her lifetime leaving some living at the decease of my said daughter as tenants in common and not as joint tenants in a course of distribution according to the stocks and not the number of individual objects and so that the issue of deceased children shall take by way of distribution the share or shares only which their parent or respective parents would if living have taken and for want or in default of any such children of the said Elizabeth Golding living to attain the age of twenty one years or marriage aforesaid or of any such issue of a deceased child or children as aforesaid. Upon trust to pay assign and transfer the said moiety of the said trusts stocks funds monies and premises together with the interest dividends and annual produce thereof unto such person or persons as would be or have been the next of kin of the said Mary Ann Allchin living to attain the age of twenty one years or marriage as aforesaid or of any such issue of deceased child or children as aforesaid. Upon to pay assign and transfer the said moiety of the said trust stocks funds monies and premises together with the interest dividends and annual produce thereof unto such person or persons and in such parts shares and proportions manner and form as the said Mary Ann Allchin by any deed or instrument in writing or by her last Will and Testament in writing or any codicil thereto to be respectively duly signed and executed by her and attested notwithstanding any coverture and whether covert or sole direct or appoint give or bequeath the same and in default of any such last mentioned direction or appointment gift or bequest and so far as any such if made shall fail of operation or effect upon trust for such person or persons as would be or have been the next of kin of the said Mary Ann Allchin at the time of her decease in case she had died a (.)sole and without having ever been married according to the statute for the distribution of estates of persons dying intestate and I do hereby authorize and empower the trustees or trustee for the time being of this my will after the decease of such of them my said daughters Mary Ann Allchin and Elizabeth Golding to apply the whole or any part of the income of the then or expectant shares of the children or issue of each such daughter as aforesaid in the respective trust stocks monies and premises aforesaid in or towards their respective maintenance or otherwise for their respective benefit.

Also I direct my Trustees to accumulate the unapplied income and add the accumulations to the capital of the respective shares when such accumulations shall have arisen and I empower my said Trustees after the death of each of them my said daughters respectively to apply any part not exceeding one half of the capital or contingent shares of their respective children or issue aforesaid or towards his her or their respective advancement in life. Provided always and I do hereby authorize and empower my said Trustees or Trustee for the time being at any time or times hereafter until my said real Estates shall be sold under the trusts and powers hereinbefore mentioned and without prejudice to the trusts hereinbefore declared of and concerning the same Estates and in the discretion of my said Trustees or Trustee to grant any lease or leases of my said real Estates or any part or parts thereof for any term or terms of years not exceeding twenty one years in possession at the best or most improved rents which can be obtained for the same without taking any fine or premium for the same and subject to the usual Covenants and Conditions contained in leases (..) rents.

Provided always and I do hereby further declare and direct that notwithstanding the trusts and powers hereinbefore contained it shall and may be lawful to and for the Trustees or Trustee of this my will at any time or times hereafter during the joint natural lives of my said two daughters the said Elizabeth Golding and Mary Ann Allchin at the request and with the consent in writing of both my said two daughters to sell and dispose of all or any part of my said real Estates in such and the same manner and with under and subject to such and the same powers stipulations and conditions as are hereinafter expressed and declared on the sale thereof as hereinbefore declared on the decease of such one of them my said two daughters as shall first depart this life and in case of any such sale in the lifetime of my said daughters I do hereby declare and direct that the said trustees or trustee shall stand possessed of the monies to arise and be produced by such sale on such and the like trusts and for such and the like intents and purposes as are hereinbefore said and declared of and concerning my residuary personal Estate and Effects and the stocks funds or securities in or upon which the same shall or may be invested. Provided always and I do hereby further declare and direct that in the meantime and until my said freehold house at Ditton aforesaid shall be sold under the provisions lastly hereinbefore contained it shall and may be lawful to and for my said daughter the said Mary Ann Allchin to occupy and reside in the said house at Ditton aforesaid she the said Mary Ann Allchin paying or allowing to my said Executors and Trustees as or by way of rent for the use or occupation thereof the yearly sum of fifty pounds and paying and defraying all rates and charges in respect of the said premises and keeping the said premises well and sufficiently repaired and also insuring and keeping insured the same from loss or damage by fire in the sum of five hundred pounds at the least and not in any manner assigning underletting or parting with the possession of the said premises and I do declare and direct that the said yearly rent or sum of fifty pounds shall from time be held paid applied and disposed of by my said Executors and Trustees in such and the same manner as is hereinbefore expressed and declared with reference to the income of my residuary Estate and Effects. Provided also and I do hereby further declare and direct that notwithstanding the trusts and provisions hereinbefore contained it shall and may be lawful to and for my said daughter the said Mary Ann Allchin at any time prior to the sake thereof under the trusts hereinafter contained to purchase my said freehold messuage and premises at Ditton aforesaid at or for the price or sum of one thousand six hundred pounds on giving to the Trustees or Trustee for the time being of this my Will three calendar months notice in writing of her desire or intention so to purchase the same at such sum of one thousand six hundred pounds and at the expiration of such notice paying the said purchase money or sum of one thousand six hundred pounds to my said Trustees or Trustee and I do hereby in such case authorize and empower my said Trustees or Trustee for the time being on payment by the said Mary Ann Allchin of the said sum of one thousand six hundred pounds to convey and assume the said freehold messuage and premises at Ditton aforesaid unto and for the use of my said daughter Mary Ann Allchin her heirs and assigns for ever or as she shall direct or appoint freed in and discharged from all and every the trusts and powers hereinbefore contained but subject nevertheless to any lease which may have been granted of the said premises in pursuance of the power hereinbefore contained and I do hereby declare and direct that in case my said daughter the said Mary Ann Allchin shall purchase the said hereditaments in pursuance of the power herby given to her for that purpose my said Trustees or Trustee for the time being shall stand possessed of the said purchase money or sum of one thousand six hundred pounds so to be paid by the said Mary Ann Allchin for the purchase of the said premises upon such and the like trusts and for such and the like concerning the purchase monies to arise and be produced from the sale of my said real Estates in the event of the same being sold after the decease of such one of them my said two daughters as shall first decease (..) for during the joint lives of my said two daughters with such their consent as aforesaid. Provided also and I do hereby further declare that it shall and may be lawful for the Trustees or Trustee for the time being of this my Will at any time and from to time and at the discretion of the said Trustees or Trustee to sell and dispose of any stocks funds or securities in or upon which any part of my estate or effects shall or may at any time be invested or placed out and to invest the money to arise from such sale or disposition in any of the public stocks of funds or on Government or real securities at interest and to vary or transpose the same as occasion may require or as to my said Trustees or Trustee for the time being shall seem fit and all and every the stocks funds and securities in or to which the same shall be changed or varied as aforesaid shall be held and applied upon the same trusts and for the same intents and purposes as are hereinbefore declared of and concerning my said residuary Estate and the stocks funds and securities in or upon which the same shall or may in the first instance be invested under the trusts hereinbefore contained. And I hereby give and devise unto the said William Henry Allchin and Thomas Andrews and their heirs all such freehold and copyhold hereditaments as are now vested in me as Trustee or Mortgagee subject to the trusts and equities affecting the same respectively and I direct the Monies which shall be received under or by virtue of any Mortgage or Mortgages shall be received and applied by my said trustee upon the trusts declared by this my willof my residuary estate. Provided also and I do hereby further declare and direct that the receipt and receipts of the Trustees or Trustee for the time being of this my will shall be a sufficient discharge and discharges to the purchaser or purchasers of any estates or property which shall or may be sold by my said trustees in the execution of the trusts of this my will and to all the Mortgagors and other persons whomsoever for any purchase or other monies which shall or may be paid to my said Trustees or Trustee under or by virtue of the trusts of this my will and from all liability to see to the application thereof and from being answerable for the misapplication or nonapplication thereof Provided always and I do hereby declare and direct that in case either of them the said William Henry Allchin and Thomas Andrews or any Trustees or Trustee to be appointed under this present provision in their or either of their place shall depart this life or be desirous to be 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 same 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 and may be lawful to and for my said daughters during their joint lives and after the decease of either of them to and for the survivor of them during her life and after the decease of the survivor of them to and for the acting trustees or trustee or the heirs Executors or Administrators of the last acting Trustee of this my will under their or his hanhds or hand to nominate any fit person or persons to supply the place of the Trustee or Trustees resepectively so dying or going to reside beyond the seas or refusing or neglecting or becoming incapable to act as aforesaid and that immediately after every such appointment the said trust estates funds and promises shall be conveyed assigned and assured so and in such manner that the same may vest in such new Trustee or Trustees as the case may require and he her or their Executors Administrators and Assigns

Upon the trusts hereinbefore expressed and declared of and concerning the same and that every such new trustee shall have and may exercise the same powers privileges and authorities as if he had been appointed a Trustee of this my will and as if his name has been inserted in this my will instead of the name of the Trustee hereby appointed in or to whose place such new trustee respectively shall come or (..) And I do hereby further declare and direct that the said Trustees hereby nominated and appointed and the Trustees to be appointed by virtue of the provision lastly hereinbefore contained and each every of them and the Executors Administrators and Assigns of them each and every respectively shall be charged and be chargeable only for such Monies as the same Trustee or Trustees respectively shall actually receive by virtue of the trusts hereby reposed in him or them notwithstanding his or their or any of their giving joining in giving or signing any receipt or receipts for the sake of conformity and that any one or more of them shall not be answerable or accountable for the other of them or any or either of them for the acts receipts neglects or defaults of the other or others of them but each and every of them only and respectively for his own acts receipts and wilful defaults And also that it shall and may be lawful to and for the said Trustees hereby appointed and such new Trustees or Trustee to be appointed as aforesaid and every or any of them and every of their Executors Administrators and Assigns by and out of the Money which shall come to his and their respective hands by virtue of the trusts of this my will to deduct retain and reimburse to and for himself and themselves resepctively and also to allow to his and their own trustee or cotrustees all costs charges damagaes and fees to counsel for advice which he they or any of them shall or may suffer susteain expend disburse lay out be at or be put unto in or about the execution of the aforesaid trusts or in relation thereto

And I hereby revoke and make void all other wills by me at any time heretofore made and do declare this only to be my last Will and Testament In witness thereof I the said Thomas Allchin the Testator have to this my last Will and Testament contained in ten sheets of paper to each sheet thereof set my hand this sixteenth day of April in the year of our Lord one thousand eight hundred and fifty two Thomas Allchin Signed and acknowledged by the said Thomas Allchin the Testator as and to be his last Will and Testament in the presence of us who at the same time in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses thereto
Thomas Waller 22 Manor Place Walworth James (?) Beauvain 33 Bishopsgate Street (?)

This is a Codicil to the last Will and Testament of me Thomas Allchin of Ditton in the County of Kent late Miller but lately but now out of business whose will bears date the sixteenth day of April one thousand eight hundred and fifty two. Whereas I am desirous of removing my nephew William Henry Allchin from the Trusteeship and Execution of my will and of appointing in his place and stead Thomas Henry Park of Ditton in the County of Kent Farmer. Now therefore I do hereby revoke the appointment of the said William Henry Allchin as an Executor and Trustee of my Will and as a Trustee and Legatee thereof and so in the place and stead of the said William Henry Allchin appoint the said Thomas Henry Park. And I direct that my said will shall be read and construed as if the name of the said Thomas Henry Park has been inserted therein in the place and stead of the said William Henry Allchin. In all other aspects I confirm my said Will in witness whereof I have hereunto set my hand this sixth day of June in the year of our Lord one thousand eight hundred and fifty six Thomas Allchin Signed by the said Thomas Allchin the Testator as and for a codicil to this last Will and Testament in the presence of us present at the same was at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses
William Horden Carpenter West Malling, William Few Clerk to Mr Monckton Solicitor Maidstone

Proved at London with a Codicil the 4th September 1857 before (..) Frederick Thomas Pratt Doctor of Laws and Surrogate by the Oaths of Thomas Andrews the Executor named in the Will and Thomas Henry Park the said Executor named in the Codicil to whom Administration was granted having been first sworn duly to Administer.


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Will of Thomas Allchin
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