I hereby nominate, constitute and appoint my two sons William Day the Younger of Headcorn aforesaid, [interlining illegible] and John Day of Headcorn aforesaid, Victualler, executors of this my will.
I give and bequeath unto my daughter Martha the wife of [?]Singler [?]Shrubsole the
sum of nineteen Guineas of lawful money of Great Britain, to be paid to her by my said
executors within three Calendar months after my decease.
Also I give and bequeath unto the said William Day the Younger and John Day all the household Goods and furniture, wearing apparel, plate, linen and china which I may be possessed of at the time of my decease, equally to be divided between them, share and share alike, to and for their own use and benefit.
I give and forgive unto the said William Day the younger all sum and sums of money which may be due and owing from him to me at the time of my decease, for principal, interest or otherwise,
And I hereby direct that my said executors and trustees shall accept and take of and from the said John Day the sum of one hundred pounds, in full for all principall monies and interest which shall be due and owing from him to me at the time of my decease, except such sum or sums of money as shall be then due from the said John Day for rent of the messuage or tenement hereinafter mentioned to be in his own portion.
I give and devise unto the said William Day the younger and John Day, their heirs and assigns, all that messuage, tenement or Inn, with the appurt[enance]s called or known by the name or sign of the George, situate and being in [?]Headham [in error for Headcorn?] aforesaid, now in the tenure or occupation of the said John Day, and also all those three Cottages or tenements, with the appurt[enance]s, situate adjoining each other in Headcorn aforesaid, now in the tenure or occupations of [blank] Collison and others, and all other my real estate, whatsoever and wheresoever, to hold the same unto and to the use of the said William Day the Younger and John Day, their heirs and assigns, upon the trusts and for the intents and purposes hereinafter declared, expressed and contained, that is to say,
Upon trust that they, the said William Day the younger and John Day, or the survivor of them, or the heirs or assigns of such survivor, do and shall, when and as soon after my decease as they in their discretion shall think proper, sell and dispose of my said messuages or tenements and real estate, either together or in parcels, and by public sale or private contract, to any person or persons willing to become the purchase or purchasers thereof respectively, for such price or prices, sum or sums of money as to the said trustees shall seem meet, and for promoting such sale I do hereby authorize and direct the said William Day the younger and John Day as the survivor of them, or the heirs or assigns of such survivor, to enter into, make and execute all such Covenants and agreements, conveyances and assurances, acts, deeds, matters or things whatsoever as may be requisite,
And I do hereby declare that the receipt or receipts in writing of the said William Day the Younger and John Day, or the survivor of them, or the heirs or assigns of the survivor or the trustee or trustees for the time being of this my will for the purchase monies of my said real estates or any part thereof, to any other money payable to them or him under or by virtue of this my will shall effectually discharge the person or persons to whom the same shall be given, and his, her or their heirs, executors, adm[inistrat]ors and assigns from seeing to the application or being answerable or accountable for the loss, misapplication or nonapplication thereof, or any part thereof,
And I do hereby order and direct that the said William Day the Younger and John
Day, or the survivor of them, or the executors, adm[inistrat]ors or assigns of the survivor shall
stand and be possessed of the monies to arise by such sale or sales as aforesaid, and also of
the clear proceeds or residue of my personal estate,
Upon trust in the first place by and out of the same trust monies to pay my debts and funeral and testamentary expenses, and the legacy hereinbefore bequeathed, and in the next place do and shall pay the sum of fifty pounds of lawful money aforesaid unto the said William Day the younger, to and for his own use and benefit, and do and shall retain the like sum of fifty pounds for the benefit of my daughter Elizabeth, the wife of Thomas Thompson of [?]Shorne in the said County of Kent, Farmer, to be held by them upon the same or the like trusts as are hereinafter declared as to the share of the said Elizabeth Thompson of and in the residue of the said trust monies,
And after the several payments aforesaid, upon trust to pay a one equal third part or
share of the said trust monies unto the said William Day the younger, to and for his own
absolute use and benefit,
And to pay one other equal third part or share of the said trust monies unto the said John Day, to and for his own absolute use and benefit,
And as to the other or remaining equal third part or share of the said trust monies and the said legacy of fifty pounds hereinbefore bequeathed for the benefit of the said Elizabeth Thompson, upon trust that they, the said William Day the younger and John Day, or the survivor of them, or the executors, adm[inistrat]ors or assigns of such survivor, do and shall stand possessed and assign for her exclusive use and benefit, free from the debts, control or engagements of her said husband, and to pay or apply either the principal or interest thereof, to or for the benefit of the said Elizabeth Thompson at such times and in such proportions and manner as they my s[ai]d trustees, or the trustees or trustee for the time being of this my will shall seem most expedient,
Provided always nevertheless, and I do hereby authorize my said trustees, or the
trustees or trustee for the time being as aforesaid, to lend and advance all or any part of the
said last mentioned third part of the said trust monies unto the said Thomas Thompson upon
his personal or any other security in such manner as they may think proper,
And I declare that the said trustees or trustee shall not be answerable or accountable for any loss which may be sustained by or in consequence of any such advance, or the failure of any security which may be taken for the same,
And I declare and direct that if the said William Day the Younger and John Day, or either of them, or any future trustee to be nominated as after mentioned, shall die, or refuse or decline to act in the trusts of this my will, then a new trustee or trustees may from time to time be appointed by the surviving or acting trustee or by the executors or adm[inistrat]ors of the surviving trustee,
And the said trust estates, or the funds and securities wherein the said last mentioned
third part of the said trust monies shall be invested, shall thereupon be conveyed, assigned or
transferred so as to be vested in such new and such surviving or acting trustee jointly, or in
such new trustees solely if there shall be no such surviving or continuing trustee, upon the
same trusts and with the same powers as are hereinbefore mentioned and declared, and so
from time to time, as often as that case shall happen,
And I declare that my said trustees, and the trustees or trustee for the time being of this my will shall not be answerable one for another, and by no means for involuntary losses, and that they shall be allocated and may retain to and reimburse themselves and himself all their costs, charges, demages and expences to be incurred or occasioned in or by the execution of the trusts thereby in them reposed.
In witness whereof I, the said William Day the testator, have to the two first sheets of
this my last will and testament contained in three sheets of paper set my hand, and to this third
and last sheet thereof my hand and seal, the eleventh day of November in the Year of our
Lord one thousand eight hundred and twenty nine.
The X of William Day L[ocus] S[igilli] [the place of a seal]
Signed, sealed, published and declared by the said William Day the testator as and for his last will and testament in the presence of us who, at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witnesses.
John Mannering Sen[io]r, John Brown, John Mannering Jun[ior].
Proved at London, the 28th April 1832, before the Worshipful John Daubeny, Doctor of Laws and Surrogate, by the Oaths of William Day and John Day, the sons, the executors to whom Adm[inistrati]on was granted, having been first sworn duly to Adm[iniste]r.
Will of William Day