Also I give and bequeath the whole of my personal estate namely sums of money in the house or in the public funds sums of money due to me at the time of my decease stock in trade horses carts cattle goods chattels and effects and all other my personal property whatsoever and wheresoever and of what kind or sort soever to and unto my said wife Sarah to be by her possessed used and enjoyed as long as she may happen to live and disposed of as she may at any time during her life think fit and I hereby order and direct and my will is that in case the above bequeathed messuage or tenemant and premises should remain unsold and in the possession of my said wife Sarah at the time of her decease that Elizabeth Deane my Executrix hereinafter appointed shall take possession thereof and cause to be sold by public auction the said messuage or tenemant and premises and divide the net proceeds thereof among my then surviving children in equal shares and I further order and direct that such part or parts of my household furniture plate linen and wearing apparel as shall or may remain in the possession of my said wife Sarah at the time of her decease shall be equally divided into so many parcels or portions as I shall then have surviving children and that each such child shall choose out of the said parcels or portions by lot and such parcel or portion as shall or may fall by lot to each such child respectively shall be surrendered to them for their own use and enjoyment and be theirs to all intents and purposes And as regards all and every other part of my personal Estate as may remain in possession of or be due to my said wife Sarah at the time of her decease I further order and direct that the said Elizabeth Deane my Executrix hereinafter appointed shall take full complete and immediate possession of the same and so sell or caused to be sold by public auction all such part or parts of the same as shall or may not be in money and turn into money all and every part of my said personal Estate so remaining at the time of the decease of my said wife Sarah excepting the household furniture plate linen and wearing apparel hereinbefore disposed of and divide the net proceed thereof together with all such sums of money as shall or may be in the house or due to my said wife Sarah or invested in the public funds at the time of the decease of my said wife Sarah among my then surviving children in equal shares provided always and it is my will and desire that in case any one or more of my children shall or happen to die before the time of the decease of my said wife Sarah having lawful issue surviving at such time of the decease of my said wife Sarah that then each part or portion of or arising from my above bequeathed real or personal Estate or any interest therein as herein bequeathed to each and every such child respectively provided they had been survivors at such time of the decease of my said wife Sarah shall be equally divided among such surviving ifs of each and every such child respectively as may happen to die before the time of the decease of my said wife Sarah having lawful ifs and I further order and direct the said Elizabeth Dean my Executrix hereinafter appointed to hold retain in trust all such parcel or portion of goods or sums of money herein bequeathed or intended to be bequeathed to each of my children or their ifs respectively with power to use and apply the Interest or principle thereof in the maintenance and education of each such child or their ifs respectively as she may from time to time think fit until each such child or their ifs respectively shall have attained the age of twenty one years And I hereby order and direct that as each such child or their ifsue respectively shall attain the age of twenty one years the said Elizabeth Deane my Executrix hereinafter appointed shall pay and deliver into the hands of each such child or their issue respectively all such sums of money and parcel or portion of Goods as shall or may remain in her hands at the time of their attaining the age of twenty one years herein bequeathed to each such child or their ifsue respectively and to and for their own respective use and enjoyment absolutely
And I do hereby make ordain constitute
and appoint my said wife Sarah Deane and her sister Elizabeth Deane of Gravesend
in the above County joint Executrices of this my last Will and Testament with power
to each and either of them to appoint a fresh Trustee or Trustees in writing and
legally attested in case that either of my above appointed Executrices should
happen to die before the carrying into effect the several provisions of this my last
Will and Testament James Deane
Signed Sealed Published and declared by the said Testator James Deane as and for his last Will and Testament the whole consisting of seven pages of post paper and the word "such" in the thirteenth line of the fourth page and the words "and deliver" in the tenth line of the sixth page being previously interlined in the presence of us who at his request and in his presence and in the presence of each other have hereunto subscribed our names as witnesses thereto this ninth day of June in the year of our Lord one thousand eight hundred and thirty three
William Taylor Mary Taylor Benjamin Wright
PROVED at London 4th March 1843 before the Worshipful Augustus Frederick Bayford Doctor of Laws and Surrogate by the oath of Sarah Soloman Deane in Will written Sarah Deane Widow the relict out of the Executrices to whom Admon was granted having been first sworn duly to Administer power ---- of making the like grant to Elizabeth Deane wife of William Deane the other Executrix when she shall apply for the same.
Note: Elizabeth Deane was Sarahís sister, nee Elizabeth Tolhurst. William Deane was Jamesís brother.
Will of James Deane
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