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Will of William Barns

of Higham, Kent


Source: Prerogative Court of Canterbury 1837
Submitted by Alan Nelson
I William Barns of Higham in the County of Kent do make this my last will and testament in the following

I give and bequeath all my household goods and furniture plate linen china stock in trade of a Victualler furnitures and utensils in and about the house and premises I now occupy situate of Higham aforesaid unto my wife Ann Barns my said son in law William Easdown of Higham afore said and Covent Garden Market Fruit Salesman and to George Lake of Higham aforesaid gentleman upon trust to permit my said wife to use and enjoy the same for and during the term of her natural life
and from and after her decease upon trust for the said William Easdown and George Lake their executors admons and assigns to sell and dispose collect receive and get in the same and to apply and dispose of the money which shall arise from such sale and putting off my said trade or business and so to be collected and to get upon the same or the like trusts as from and after the decease my said wife are herein after declared concerning the money which shall arise from the residue of my personal estate
provided always and I hereby declare and direct that in case my said wife shall at any time during her life be minded and desirous ceasing to carry on my said trade or business of a victualler then my said daughter Matilda the wife of the said William Easdown shall have the first offer of taking the same trade or business and the stock therein and the fixtures and money used and employed in the same trade at a valuation to be made as in usual in the same trade and I hereby direct that the money to arise or be provided for such revaluation shall be upon the same or the like trusts as are herein after declared concerning the money which shall arise or be provided immediately after my decease from the residue of my personal estate

and I direct that my executors herein after named shall out of my residual personal estate from time to time when and as they may think proper appropriate the sum of fifty pounds of lawful British money in furnishing my grandson William Barns son of my said son Robert Sutton Barns who I have put out apprentice with proper necessaries during the term of his apprenticeship and I hereby give such sum of fifty pounds to be applied for that purpose accordingly
and in case the said William Barns shall happen to die during the term of his apprenticeship I hereby direct that what may then remain unapplied of the said sum of fifty pounds shall be equally divided between the said Robert Sutton Barns and the said Matilda Easdown in equal shares

I give and bequeath all the residue of my personal estate and effects where so ever of what nature or kind so ever which I may happen to be possessed of or entitled to at the time of my decease unto my said wife Ann Barns the said William Easdown and George Lake upon trust to sell and dispose of collect and get in the same and I declare and direct that my said wife the said William Easdown and George Lake shall stand and be assessed of money to arise from my said residuary personal estate upon the trusts following that is to say in trust there out to pay my debts and funeral and testamentary charges and pecuniary legacies and bequests herein before given and to lay out and invest the surplus of such monies as last mentioned in the purchase of a share or shares of parliamentary stocks or public funds of Great Britain or at interest upon or real securities with the power from time to time to alter and transpose such founds and securities and to stand and be possessed thereof upon the trusts following that is to say

in trust to pay the interest dividends and annual produce thereof unto my said wife and her assigns during her life if she shall so long continue as my widow and unmarried
and from and after the decease or marriage of my said wife Ann Barns and whichever shall first happen then I hereby direct that the said William Easdown and George Lake their executors adomrs and assigns shall stand and be possessed of the sum of one hundred pounds of lawful British money part of my residual estate in trust for my daughter Ann now wife of Joseph Bates of Bromton in the said county victualler to be paid into her own proper hands for her separate use within three months next after the decease of my said wife and her receipt alone to be a discharge to my executors for the same

and I further direct that after the decease or marriage of my said wife the said William Easdown and George Lake their executors admors or assigns shall stand and be possessed of the sum of three hundred pounds of like money other part of my residual personal estate in trust to lay out and invest the same in the purchase of share or shares of the parliamentary stocks or public founds of great Britain or at interest upon government or real securities with power from time to time to alter and transpose such funds and securities and to stand possessed thereof upon the trusts following that is to say
upon trust to pay the dividends and annual produce there of into the proper hands of my said daughter Ann Bates or to the hands of such person or persons as she not with standing her coverture by any note or writing under her hand shall from time to time but not by way of anticipation appoint to receive the some during her life to the intent that the same may be for the sole use and separate use of said daughter Ann Bates and may not be subject to the debts control disposition or engagements of the said Joseph Bates or any other person whom she may after his decease happen to intermarry
and I declare and direct that the receipt or receipts of my said last mentioned daughter or such person or persons as she shall from time to time appoint to receive the same and her or their receipt or receipts only shall be good and sufficient dissuade 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 expressed to be received

and from and after the decease of my said daughter do and shall stand to be possessed of and interested in the said sum of three hundred pounds and the stock funds and securities in which the same may be invested in trust for Matilda Ann Barns Mcritchie, Jane Barns Mcritchie and Amelia Barns Mcritche the three children of my said daughter Ann by her former husband Alexander Mcritchie deceased in equal shares and for their respective executors and assigns
and in case one of my said three granddaughters shall not live to attain the age of twenty one years then I direct that the share of the one so dying of and in the said three hundred pounds or of the securities for the same and of the dividends and accumulations thereof shall be in trust for the survivors of them my said three granddaughters shall live to attain the age of twenty one years then the said three hundred pounds or the securities for the same and of the dividends and accumulations thereof shall be in trust for such one her executors admors and assigns
and I hereby direct that until my said granddaughters respectively shall attain the age of twenty one years the interest and dividends of the portion or share of such granddaughters as shall be under the age of twenty one years shall be accumulated and added to the principal of such portion or share by way of compound interest

and I hereby declare and direct that from and after of my the said wife the said William Easdown and George Lake their executers admors and assigns shall stand and be possessed of my residuary personal estate subject to the payment of the said sum of one hundred pounds to my said daughter Ann Bates and to the payment of the said sum of three hundred pounds to or in trust for my said daughter Ann Bates and her said three before mentioned children in trust for my said son Robert Sutton Barns and my said daughter Matilda Easdown equally share and share alike and for their respective executors admors and assigns

and I appoint my said wife Ann Barns and the said William Easdown and George Lake executrix and executors of this my will and I hereby revoke all my former wills in witness in hereof I the said William Barns the testator have to this my last will and testament contained in three sheets of paper set my hand and seal that is to say my hand to the first two sheets hereof and my hand and seal to this the third and last sheet this twenty third day of January in the year of our lord one thousand eight hundred and thirty six
Signed sealed published and declared by the said William Barns the testator as for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses the words of my said wife between the twelfth and thirteenth lines of the second sheet having been first interlined
John Edmed of Gravesend - Mary Ann Hope servant to Mr Edmed

I the above named William Barns do hereby revoke and make void the legacy or bequest of one hundred pounds in and by my said will given and bequeathed to my daughter Ann Bates and direct that the sum of one hundred pounds shall sink into and from part of my residuary estate and effects
and I revoke and make void of one equal half part or share of and in my residuary estate and effects given and bequeathed by my said will unto my son Robert Sutton Barns and in lieu thereof I give and bequeath from and after the death of my wife Ann Barns unto my said son Robert Sutton Barns the sum of two hundred and fifty pounds

and I give and bequeath unto Ann Jane and William the three children of my said son Robert Sutton Barns the sum of fifty pounds apiece from and after the decease of my said wife and in case any one of my three said grandchildren Ann Jane and William Barns shall not live to attain the age of twenty one years then I direct that his or hers legacy of fifty pounds shall be paid to and equally between the survivors of such grandchildren
and in case only one? of such three grandchildren shall die under the age of twenty one years then I direct that the said three legacies of fifty pounds shall belong and paid to my said son Robert Sutton Barns

and subject to the payment of three hundred pounds bequeathed by my said will for us in trust for my said daughter Ann Bates her three children and of the several legacies bequeathed by this my codicil I give and bequeath from and after the death of my said wife the whole of my residuary estate and effects unto my daughter Matilda Easdown named in my said will and to her executors and admors
and in case my said daughter Matilda Easdown shall depart this life in the life time of my said wife then I direct that the whole of the said residuary estate and effects shall belong and be paid to the child or children equally if more than one of my said daughter Matilda Easdown and to whom I do give and bequeath the same accordingly

and I hereby ratify and confirm my said will in every respect in which the same is not hereby altered and direct that this shall be taken and considered as a codicil to and in part of my said will in witness whereof I the said William Barns the testator have to this my codicil set my hand and seal the fifth day of October in the year of one thousand eight hundred and thirty six
William Barns
Signed sealed published and declared by the said William Barns the testator as and for codicil to his last will and testament in the presence of us who in his presence at his request and in the presence of each other have hereunto so subscribed our names as witnesses thereof
Elizabeth Pearson - Chas Pearson solicitor Gravesend

Proved at London with a codicil the 5th may 1837 before the worshipful Sherrard Beamont Barnaby doctor of law and surrogate by the oaths of Ann Barns widow the relict William Easdown and George Lake the executors to whom admon was granted having been first sworn duty to administer


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Will of William Barns
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