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Will of Robert Sutton Barnes

of Higham, Kent


Source: Prerogative Court of Canterbury 1855
Submitted by Alan Nelson
This is the last will and Testament of me Robert Sutton Barnes of the Chequers Inn Higham in the county of Kent Licensed Victualler
I appoint Edward Waters of 15 Harmer Street Milton next Gravesend in the county of Kent solicitor and my son in law William Easdown of Higham Hall in the parish of Higham aforesaid Market Gardener Trustees and Executors of this my will
I direct payments of my just debts funeral and testamentary expenses of the same from and out of the costs and charges of proving this my will and I charge payment of the same from and out of the proceeds of the stock in trade furniture and effects hereinafter given to my wife Caroline Barns so far as the same will extend I direct my said executors to pay my said wife the legacy or the some of fifty pounds to be charged on my personal estate

I give and devise and bequeath unto my said trustees their heirs executors administrators and assigns all my real and personal estate and other my property whatsoever upon the trustees following that is to say I direct that my said trustees as soon as conveniently may be after my decease cause a valuation to be made of all and singular the stock in trade furniture and other household effects which shall at the time of my decease be in about and belonging to the premises I now occupy being the chequers Inn Higham aforesaid and that my son in law William Easdown if alive and if he being dead my daughter Ann Easdown the wife of the said William Easdown if then living shell have first offer of taking such stock in trade furniture and other house hold effects at the price which they shell be valued as aforesaid
and if William Easdown or the said Easdown shall decline to take the same at such valuation as aforesaid then I direct that my said trustees do make sale and dispose of such stock in trade furniture fixtures and effects to whomsoever they will for the best price that can be obtained for the same proceeds of such valuation or sale as the case may be I direct my said executors and trustees to pay over to my wife Caroline Barnes for her own absolute use and benefit if she be living at the time of my decease subject to such payments of debts as aforesaid

I direct that my said trustees do and shall receive the rents and profits of all freehold messuage or tenement shop and premisses now occupied by William Hill in the parish of Higham aforesaid and also all those three freehold cottages situated at Cliffe in the said county of kent and now in occupation of Thomas knight and James Elsegood to and for the use of my said wife Caroline Barnes for during the term of her natural life subject to all necessary payments and deductions there from for repairs and insurances there of
and from and after her decease I direct that my said trustees shall receive such profits and apply the same subject to such deductions as aforesaid in far and towards the maintenance education and support of my son William Barnes until he shall attain the age of twenty one years and when he shell have attained that age to transfer and convey the same premises unto him the said William Barnes his heirs and assigns

I direct that the piece of freehold ground containing about an acre more or less and a half and called the meadow piece now in the occupation of William Easdown together with the three cottages built on part thereof in the several occupancies of Isaac Intage, John Hollands and William Thomas my said trustees to stand possessed of the same and receive the rents and profits thereof and pay the same subject to similar deducts as for repairs and insurances aforesaid to my daughter Ann Easdown for and during of her natural life for her own sole and separate use and her receit shall alone be a sufficient discharge for the same
and from and after her decease to transfer and convey the same subject to such deductions to the said William Easdown his heirs and assigns but if the same William Easdown shall not be living at the time of my said daughter the said Ann Easdown I direct my trustees to make sale of the said piece of ground and three cottages and to pay and apply the proceeds thereof and any interest which may accrue thereon subject to all expenses of and indent to such sale to between and among all and every the children of the said William Easdown as and when they shell attain the age of twenty one years

I direct that the as to the remaining two freehold cottages and premises there to belong in the occupation of widow Porter and Thomas Whatmans built by me on the said piece of ground called the meadow piece aforesaid my said trustees do transfer and convey the same to my son James Barns of London trunk and box maker his heirs and assigns but if if the said James Barns shall not be living at the time of my decease I deceit? my said trustees to make sale of the same and apply the proceeds of such sale after deducting the expenses of and incident to such sale to between and among the children of the said James Barns in the same manner as I have directed with respect to that piece of ground and premises to the said William Easdown

I direct that as to the rents and profits of the two free hold houses belonging to me situated at Church Street Higham aforesaid and in several occupations of George Haug—man and William Eaton my said trustees do pay and apply the same subject to all necessary deductions for repairs and insurances to my daughter Jane Dartnall wife of George Dartnall of the Sun pub in Higham aforesaid for and during the term of her natural life for her own sole and separate use and her receipt alone shall be sufficient discharge for the same
and from and after her decease to transfer and convey the same subject to such deductions as foresaid to the same George Dartnall his heirs and assigns but if the said George Dartnall shall not be living at the time of the decease of my said daughter the said Jane Dartnall I direct my said trustees to make sale of the said two houses and premises and to pay and apply the proceeds thereof and any interest which may accrue thereon after deducting the expenses of and incident to such sale between and among the children of the said George Dartnell and Jane Dartnall in the same manner as have directed with respect to the houses and premises give the said willian Easdown and James Barnes

and as to all the rest and residue of my property real and personal not herein before disposed of I give devise and bequeath the same unto and to the use of my said James Barnes and my daughters the said Ann Easdown and Jane Dartnall their heirs executers administers and assign equally as tenants in common I direct that the costs of the several conveyances herein before directed to be made shall be borne and paid by the parties taking immediately under such conveyances

I direct that all and every receipts and receipt of the trustees or trustee for the time being of this my will shall be sufficient discharges or a sufficient discharge to any purchaser or other person paying to them or him any monies for any part of my estate or in pursuance of this my will and shall offer –arly discharge any such purchaser or other person from all accountability or responsibility what so ever in respect of the application misapplication or non application oo the same monies or any part thereof I declare that if my herein berofor appointed or either of them or any trustee or trustees to be appointed under this clause shall die or be unwilling or in competent to accept or execute the trusts of this my will it shall be lawful for the competent accepting trustees for the time being of any whether retiring from the office of a trustee or not or if none for the executors or administrators of the last deceased trustee to substitute by writing under their or his hands or hand any person or persons in whom alone or jointly with any surviving or continuing trustee my trust estate shall be rested
and I exempt every trustee of my WV? from liability for losses occurring without his own wilful default and authorise him to retain and allow to his co trustee all expenences and incidental to the execution of the trusts of this my will or any of them notwithstanding one of my said trustees being a solicitor he shall be allowed to retain from my said estate his usual and fair professional changes for the business he shall have to transact and perform in the execution of the trusts of this my will

I do hear by revoke all former wills by me made and do declare this contained in four sheets of paper only to be and contain my last will in witness whereof I have here to set my hand this twenty seventh day of March one thousand eight hundred and fifty five
Robert Sutton Barnes
Signed by the testator Robert Sutton Barnes as his last will and testament in the presence to us present at the same time who in his presence at his request and in the presence of each other have here unto subscribed are names as witnesses
Frederick Garell clerk to Mss Gibson and Wales Solicitors Gravesend
George Taylor Ironmonger Gravesend

Proved at London the 10 July 1855 before the worshipful George Edward Hughes Doctor of laws and surrogate by the oaths of Edward Waters esquire and William Easdown the executor to whom admen was granted having been first sworn duly to administer


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Will of Robert Sutton Barnes
Created by Maureen Rawson