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Will of Thomas Bowyer

of Maidstone, Kent


Source: PCC Vol.1830 f.194 Apr 1834
Transcribed by Maureen Rawson
For more about Thomas Bowyer
This is the last Will and Testament of me Thomas Bowyer of Maidstone in the County of Kent poulterer. I direct that all such debts as I shall owe at the time of my decease my funeral expenses and the charge of proving this my will shall be paid and discharged by my executors herein after named with all convenient speed after my decease out of my personal estate if that shall be sufficient if not I charge all my Real Estate with the payment thereof.

I give and bequeath unto my dear wife Sarah Bowyer all my household goods plate linen china and household effects whatsoever in upon about or belonging to the messuage or tenament and premises wherein I now dwell to and for her own use and benefit.

And I give and devise unto my said executors and their heirs all and every my messuages and tenaments lands hereditaments and real estates whatsoever and wheresoever with their and every of their appurtenances (except such estates as are vested in me in trust or by way of mortgage) to hold the same unto and to the use of them my said executors their heirs and assigns upon the trusts and to and for the interests and purposes hereinafter expressed and declared. And I give and bequeath unto them my said executors their executors administrators and assigns all and every part of my stock and effects in trade ready money securities for money Stocks Funds Bills? and all other my personal estate whatsoever and wheresoever subject to the payment of my just debts funeral expenses the charges of proving this my will and the aforesaid bequest to my said wife upon the trusts and for the several ends intents and purposes hereinafter expressed and contained of and concerning the same. And I do hereby declare my mind and will to be that the devise and bequest hereby respectively made to them my said executors are so made to them upon trust that they or the survivors or survivor of them do and shall with all convenient speed after my decease sell dispose of and convey my said messuages or tenaments lands hereditaments and real estates either together or in parcels and either by public sale or private contract to any person or persons and his her or their heirs or assignes for such price or prices as to them my said executors shall seem reasonable and do and shall stand and be possessed of and interested in the money arising from such sale or sales after deducting the expenses attending the same upon the trusts hereinafter mentioned. And I do hereby declare that the receipt or receipts in writing of them my said executors or the survivors or survivor of them or the heirs of such survivors or survivor shall be a good and sufficient discharges to the purchaser or purchasers of my said real estates or any part thereof for so much money as in such receipt or receipts shall be expressed to be received and that the purchaser or purchasers his her or their respective heirs executors administrators or assignes shall not be answerable or attributable for the misapplication or nonapplication or be abliged to see to the application thereof. And upon further trust that they my said executors or the survivors or survivor of them or the executors or administrators of such survivors or survivor do and shall with all convenient speed after my decease sell disose of and convert into money such part of my said personal estate as shall not consist of money or Government Securities or Mortgages upon real estates and do and shall stand and be possessed of and interested in the money into which the same shall be so converted and of and in such part of my personal estates as shall not consist of money or Government Securities or Mortgages and also with the monies which shall or may arise from the sale or sales of my said real estates upon the trusts hereinafter declared that is to say Upon Trust to lay out and invest the same in their or his names or name in the purchase of a share or shares of the parliamentary Stocks or Public Funds of Great Britain or at interest upon Government or real Securities in England and from time to time to alter and vary the same securities at their his or her discretion and do and shall stand and be possessed of and interested in the all the said stocks funds and securities and the dividends interest and annual produce thereof upon the trusts hereinafter declared.

That is to say upon trust to pay to or otherwise permit and suffer my said wife or her assigns to receive and share the interest and dividend thereof unto and for her or their use and benefit for and during the term of her natural life and from and after her decease then upon trust to pay and apply the dividends and interests of one third part of the principal of the said stocks funds and securities to and for the sole and separate use and maintenance of my daughter Sarah Green the wife of my Son in Law John Green of Maidstone aforesaid paper mould maker for and during the term of her natural life so that the same shall not be subject to the debts controul or engagements of her said husband. And I do hereby declare that the receipts of my said daughter Sarah Green shall from time to time be good and sufficient discharges to my said executors and trustees for the same and from and after her decease then upon trust to pay transfer and assign the principal of one third part of the said stocks funds and securities unto and equally between all and every of the lawful children of the said Sarah Green when and as they shall respectively attain the age of twenty one years and if any such children shall die under the age of twenty one years without lawful issue then unto and equally between the survivors of them when and as they shall respectively attain the age of twenty one years and if there shall be but one such child or if all of them except one shall die under the age of twenty one years without leaving lawful issue then to such only or surviving child when he or they shall attain the age of twenty one years and if all the children of my said daughter Sarah Green shall die under the age of twenty one years without leaving lawful issue Then as to the dividends and interest and also the principal of the said third part of the said stocks funds and securities upon trust for my two other children Mary Lender and Henry Bowyer in equal moieties and their respective children in the same manner and with the same remainders over to the others of them as the two other third parts of the dividends interest and principal of the said stocks funds and securities are hereinafter respectively given or limitted to or in trust for them.

And upon further trust to pay and apply the dividends and interest of one other third part of the principal of the said stocks funds and securities to and for the separate use and maintenance of my daughter Mary Lender the widow of Henry Lender late of Rederiff (Origl so) in the County of Middlesex Shipbuilder for and during the term of her natural life so that the same shall not be subject to the debts controul or engagements of any husband with whom she may hereafter intermarry. And I do hereby declare that the receipts of my said daughter Mary Lender shall from time to time be good and sufficient discharges to the said trustees for the same and from and after her decease then upon trust to pay transfer and assign the principal of the said last mentioned third part of the said stocks funds and securities unto and equally between all and every of the lawful children of the said Mary Lender when and as they shall respectively attain the age of twenty one years and if any such children shall die under the age of twenty one years without leaving lawful issue then unto and equally between the survivors of them when and as they shall respectively attain the age of twenty one years and if there shall be but one such child or if all of them except one shall die under the age of twenty one years without leaving lawful issue then to such only or surviving child when he or they shall attain the age of twenty one years and if all the children of my said daughter Mary Lender shall die under the age of twenty one years without leaving lawful issue Then as to the last mentioned third part of the dividend interest and principal of the said stocks funds and securities upon trust for my two other children Sarah Green and Henry Bowyer in equal moieties and their respective children in the same manner and with the same remainders over as to the other third parts of the dividends interest and principal of the said stocks funds and securities are hereinand hereby respectively given or limitted to or in trust for them.

And upon another trust to pay and apply the dividends and interest of one other third part principal of the said stocks funds and securities to and for the use and benefit of my son Henry Bowyer for and during the term of his natural life and from and after his decease then upon trust to pay transfer and assign the principal of the said last mentioned third part of the said stocks funds and securities unto and equally between all and every of the lawful children of the said Henry Bowyer when and as they shall respectively attain the age of twenty one years and if any such children shall die under the age of twenty one years without leaving lawful issue then unto and equally between the survivors of them when and as they shall respectively attain the age of twenty one years and if there shall be but one such child or if all of them except one shall die under the age of twenty one years without leaving lawful issue then to such only or surviving child when he or they shall attain the age of twenty one years and if all the children of my said son Henry Bowyer shall die under the age of twenty one years without leaving any lawful issue Then as to the last mentioned third part of the dividend interest and principal of the said stocks funds and securities upon trust for my two other children Sarah Green and Mary Lender in equal moieties and their respective children in the same manner and with the same remainders over as to the two other third parts of the dividends interest and principal of the said stocks funds and securities are herein and hereby respectively given or limitted to or in trust for them. And I do hereby make constitute and appoint my said wife Sarah Bowyer my said son Henry Bowyer and my said son in law John Green executors of this my will provided always and I do hereby declare and direct that if my said executors or any or either of them or any future trustee to be appointed as hereinafter mentioned shall happen to die or be desirious of being discharged of and from or refuse or decline to act in the trusts hereby in them respectively reposed as aforesaid before the said trusts shall be fully performed and discharged then and in such case and when and so often as the same shall happen it shall and may be lawful to and for the surviving or continuing trustees or trustee or the executors or administrators of the survivors or survivor by any writing or writings under? their his or her hands and seals or hand and seal to be attested by two or more credible witnesses from time to time nominate substitute and appoint any other person or persons to be a trustee ot trustees in the stead or place of the trustee or trustees so dying or desiring to be discharged or refusing or declining to act as aforesaid and that when and so often as any new trustee or trustees shall be nominated or appointed as aforesaid all the said trust estates monies and premises shall be thereupon with all convenient speed granted and conveyed or assigned or transferred in such manner and so as that the same shall and may be legally and effectual vested in the surviving or continuing trustee or trustees and such new trustee or trustees jointly to such and the same now? and to for and upon such and the same trusts intents and purposes as are hereinbefore limitted declared or expressed and concerning the said trust estates securities monies and premises as aforesaid or such of them as shall be then subsisting and capable of taking effect and that every such new trustee or trustees shall and may in all things act and assist in the management carrying on and execution of the trusts to which he or they shall be so appointed as fully and effectually to all intents and purposes whatsoever as if he or they had been originally in and by this my will nominated a trustee or trustees for the purposes to which such new trustee or trustees respectively shall be appointed any thing hereinbefore contained to the contrary thereof in anywise notwithstanding provided likewise. And it is my will and mind and I do hereby further declare that it shall and may be lawful to and for the said Sarah Bowyer Henry Bowyer and John Green and every future trustee or trustees so to be appointed as hereinbefore mentioned and each and every of them their and each and every of their heirs executors and administrators by and out of any of the monies to which by virtue of this my will shall come to their or any or either of their hands to deduct retain to and reimburse themselves or himself and to pay to his and their Co Trustee and co trustees all such costs charges and expenses as they respectively shall or may sustain expend or be put unto in or about the execution of this my will or any of the trusts herein contained.

And also that they and their respective heirs executors and administrators shall be charged and chargeable only every of them for and with his or their own respective receipts payments acts and wilful defaults and not otherwise and shall not be charged and chargeable with or for any sum or sums of money than such as shall actually and respectively come to his or their hands by virtue of this my will nor with or for any loss or damage which may happen in or about the execution thereof or any of the trusts hereby declared without his or their respective wilful defaults. And lastly I do hereby revoke all former wills by me made and declare this only to be my last will and testament In Witness whereof I the said Thomas Bowyer the testator have to the first five sheets of this my last will and testament contained in six sheets of paper set my hand and to the last my hand and seal the third day of March in the year of our Lord One Thousand Eight hundred and Eighteen Thos. Bowyer LS Signed sealed published and declared by the above named Thomas Bowyer the testator as and for his last will and testament in the presence of us who in his presence and at his request and in the presence of each other have hereunto subscribed our names as witnesses thereto - the words 'widow late any' on an erasure and the interlineation commencing 'with' and 'intermarry' in the third sheet having been previously made. Wm Girdler   Saml Woodgate Durrant Chas? French
Charles Messian? Burr, Hoar and Burr
, Maidstone

This is a Codicil to the last will and testament of me Thomas Bowyer of Maidstone in the County of Kent Poulterer bearing date the third of March one thousand eight hundred and eighteen and which I desire may be annexed to and be taken as part thereof Whereas since making my said will I have purchased a messuage or tenament hereditaments premises with the appurtenances situate in Mill Lane at Maidstone aforesaid now in the occupation of Fedge Now I do devise the said messuage or tenament hereditaments and premises with the appurtenances unto my dear wife Sarah Bowyer her heirs and assigns for ever. In witness whereof I have to this codicil to my said last will and testament set my hand and seal the Nineteenth day of (April) October in the year of our Lord One Thousand Eight Hundred and (twenty eight) Thirty Thos Bowyer LS Signed sealed published and declared by the said Thomas Bowyer as and for a codicil to his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have hereunto set names as witnesses the date being first altered to the nineteenth day of October in the year of our Lord One thousand eight hundred and thirty. J Wary Smythe Ann Pearce Clem T. Smythe Sol. Maidstone.

Proved at London with a Codicil the 13th April 1834 before the Judge by the Oaths of Henry Bowyer the son and John Green the surviving executors to whom admon was granted having been first sworn (to wit) the said Henry Bowyer before the Worshipful Calverley Turters and the said John Green before the Worshipful William Robinson respectively Doctors of Laws Surrogates duly to administer.


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Will of Thomas Bowyer
Created by Maureen Rawson