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Will of William Charlton Fry

of Crayford, Kent


Source: Prerogative Court of Canterbury 1837
Transcribed by John David Wilkinson for Diana Wilkinson
This is the Last Will and Testament of me William Charlton Fry of Crayford in the County of Kent Yeoman I give and devise All that my undivided moiety or equal half part and all other my parts shares and interest of and in all those three Messuages Cottages or Tenements situate in Crayford aforesaid and now in the respective occupation of myself my Son in Law John Soundy and Mrs Tipton with their respective Appurtenances the other Moiety whereof lately belonged to my deceased Brother in Law Francis Arthur unto my Son William Arthur Fry and my Grandson Francis Fry one of the Children of my late Son Francis Fry to hold the same unto the said William Arthur Fry and my said Grandson Francis Fry and their several and respective heirs and assigns for ever to be equally divided between them as tenants in common and not as joint tenants

I give and devise all that my undivided moiety or equal half part and all other my parts shares and interests of and in all those two Messuages Cottages or Tenements situate near the Mill on Bexley Heath in the Parish of Crayford aforesaid with their Appurtenances the other moiety whereof also lately belonged to my said deceased Brother in Law Francis Arthur unto my said Son William Arthur Fry and my Son in Law George Pyne and John Soundy their Heirs and Assigns nevertheless to the uses upon the trusts and for the purposes following that is to say As to one equal undivided moiety of the said last mentioned moiety Messuages Cottages and Hereditaments To the only proper use and behoof of my Daughter Susannah the Wife of the said George Pyne her Heirs and Assigns for ever And as to the other or remaining moiety thereof to the use of the said William Arthur Fry George Pyne and John Soundy their Heirs and Assigns for and during the natural life of my Daughter Frances the Wife of William Huckin in trust to receive the rents and profits thereof as they shall become due and pay the same into the proper hands of the said Frances Huckin free from the debts and control of her present or any future husband and so that she shall have no power to alien or anticipate the growing payments thereof and after the decease of the said Frances Huckin to such uses upon such trusts and for such intents and purposes as the said Frances Huckin whether covert or sole shall by deed or will direct or appoint and in default of such appointment to the use of the said Frances Huckin her Heirs and Assigns for ever Provided nevertheless and I hereby declare that it shall be lawful for the said Trustees or the Survivors or Survivor of them or the Heirs of such Survivor at any time after my decease if thereunto requested and authorized by any writing under the hand of my said Daughter Frances Hutchin (sic) absolutely to sell and dispose of the said last mentioned moiety and hereditaments in such manner and to such Person or Persons as they or he shall in their or his discretion think proper with full power to make and execute all deeds conveyances and assurances necessary for effectuating such sale and to receive and give receipts for the purchase money which receipts shall effectually discharge the Purchaser or Purchasers from all obligation of seeing to the application thereof And I declare that in case the same moiety and hereditaments shall be so sold the said Trustees and the Survivors and Survivor of them and the Executors and Administrators of such Survivor shall stand possessed of the said purchase monies in trust for the separate use of the said Frances Hutchin (sic) during her life and after her decease in trust for such Person or Persons as she shall by will appoint and in default thereof for her next of kin

I give and devise all that my house and shop with the Appurtenances situate at Tooting in the County of Surrey unto the said William Arthur Fry George Pyne and John Soundy to hold the same unto and to the use of the said William Arthur Fry George Pyne and George (sic) Soundy their heirs and assigns upon trust that they or the Survivors or Survivor of them his Heirs or Assigns do and shall as soon as conveniently may be after my decease make sale and absolutely dispose of the said last mentioned hereditaments by Public Auction or Private Contract and either together or in parcels and in such manner in all respects as to them or him shall seem meet for the best price or prices that can be reasonably procured for the same to any Person or Persons who shall agree to become the purchaser or purchasers thereof and shall convey and assure the same to such purchaser or purchasers his her or their heirs executors administrators or assigns or as he she or they shall direct And I hereby direct and declare that the receipts of the Trustees or Trustee for the time being acting in the execution of the (sic) my will shall be effectual discharges for so much money as therein shall be acknowledged to be received and that the person or persons paying the same shall not be obliged to see to the application of such purchase money or be answerable or accountable for the misapplication or nonapplication thereof And I further direct that the rents and profits of the said Hereditaments hereinbefore directed to be sold shall until the sale thereof be received by my said Trustees or Trustee and be paid or applied for such intents and purposes as the monies to arise from the sale of the said Premises would be payable and applicable if the same had been actually sold And I hereby declare that my said Trustees and Trustee shall stand possessed of and interested in the monies to be received by them from the Sale or Sales hereinbefore directed to be made of the said last mentioned Premises and of the rents and profits thereof in the mean time upon trust in the first place to retain and reimburse themselves all the costs charges and expences attending such sale or sales as aforesaid and subject thereto as to one equal sixth part or share of the said Monies In trust for my Daughter Sarah the Wife of the said John Soundy her Executors Administrators and Assigns absolutely As to one other sixth part thereof In trust for my Daughter Elizabeth the Wife of Richard Jarvis her Executors Administrators and Assigns absolutely As to one other sixth part thereof for William Robert Ann Arthur and Sarah the five Children of my deceased Daughter Ann the Wife of William Frankcombe and their respective Executors Administrators and Assigns in equal shares absolutely As to one other sixth part thereof In trust for my Daughter Susannah the Wife of the said George Pyne her Executors Administrators and Assigns absolutely As to one other sixth part thereof In trust for the separate use of my Daughter Mary the Wife of John Winter and so that the same may not be subject to the debts engagements or control of her present or any future husband And after her decease in trust for such persons as she shall by will appoint and in default thereof in trust for her Children living at her decease And as to the other or remaining sixth part of the same monies In trust for the separate use of my said Daughter the Wife of the said William Huckin and so that The same may not be subject to the debts control or interference of her present or any future husband and after her decease in trust for such Persons as she shall by will appoint and in default of appointment in trust for her Children living at her decease

Provided always and I hereby declare that my said Trustees and Trustee shall be answerable and accountable for such monies only as he or they respectively shall actually receive by virtue of the trusts aforesaid And that any one or more of them shall not be answerable or accountable for the others or other of them nor for any loss or damage that may happen in the execution of the said trusts unless through their or his own wilful neglect or default

I give and bequeath unto my said Son William Arthur Fry the Service of Plate presented to me by the Clergy and Gentry of Crayford and the neighbourhood for his own use and benefit

And all the rest residue and remainder of my monies and securities for Money Household Furniture Plate Linen China Books Goods Chattels Rights Credits and all other my Personal Estate and Effects whatsoever subject to the payment of my debts funeral and testamentary expences I give and bequeath unto my Executors hereinafter named upon the trusts following that is to say As to one equal sixth part thereof In trust for my said Son William Arthur Fry as to me (sic) other equal sixth part thereof in trust for my said Daughter Sarah the Wife of the said John Soundy As to one other sixth part thereof in trust for Elizabeth the Wife of the said Richard Jarvis As to one other equal sixth part thereof In trust for my said Daughter Susannah the Wife of the said George Pyne As to one other equal sixth part thereof in trust for the separate use of my said Daughter Mary the Wife of the said John Winter And as to the other equal sixth part thereof In trust for the separate use of my said Daughter Frances the Wife of the said William Huckin

And lastly revoking all former wills by me made I declare this only to be my last will and testament and appoint the said William Arthur Fry George Pyne and John Soundy joint Executors thereof
In Witness whereof I the said William Charlton Fry have to this my last Will and testament contained in this and the three preceding sheets of paper set my hand and seal to wit my hand to each of the three preceding sheets and my hand and seal to this fourth and last sheet this twenty sixth day of January one thousand eight hundred and thirty seven ________ Wm C. Fry ________ The writing contained in this and the three preceding sheets of paper was Signed Sealed Published and declared by the said William Charlton Fry the Testator 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
________ J Leeman ________ James Jessop ________ John Thomson

This is a Codicil to the last Will and Testament of me William Charlton Fry of Crayford in the County of Kent Yeoman Whereas I have in and by my said Will bearing date the twenty sixth day of January instant given and devised all that my undivided moiety and all other my parts shares and interests of and in all those three Messuages Cottages or Tenements situate in Crayford aforesaid and now in the respective occupation of myself my Son in Law John Soundy and Mrs Tipton with their Appurtenances the other moiety whereof lately belonged to my deceased Brother in Law Francis Arthur unto my Son William Arthur Fry and my Grandson Francis Fry and their several and respective heirs and assigns for ever to be equally divided between them as tenants in common and not as joint tenants Now I hereby declare and it is my will and mind that if my said Grandson Francis Fry shall at any time be desirous to dispose of the said moiety and hereditaments so devised to him as aforesaid he shall previous to selling or disposing of the same to any other person or persons offer the same to my said Son William Arthur Fry at such price or sum of money as shall be agreed upon by two indifferent persons one to be named by each party or by the umpire of such two persons as the full value and best price that can reasonably be expected to be obtained for the same Provided always and I hereby declare that if my said Grandson Francis Fry shall in any way dispute the validity of the said Will or of this Codicil or commit or do any act deed or thing to impeach or controvert the same or any of the dispositions thereof respectively then and in any such case the said devise in favor of the said Francis Fry contained in the said will shall cease and be void to all intents and purposes In Witness whereof I have to this Codicil to my said will set my hand and seal this twenty eighth day of January one thousand eight hundred and thirty seven ________ Wm C. Fry ________ Signed Sealed Published and declared by the said William Charlton Fry the Testator 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
________ John Grantham surgeon ________ John Thomson ________ William Sedgwick

Sworn Under One Thousand Pounds and that the Testator died 8th. Febry 1837.

William by Divine Providence, Archbishop of Canterbury, Primate of all England, and Metropolitan, do by these presents make known to all Men, that on the fourth Day of March in the Year of our Lord One Thousand Eight Hundred and thirty seven at London, before the Worshipful Herbert Jenner Doctor of Laws Surrogate of The Right Honorable Sir Herbert Jenner Knight Doctor of Laws, Master, Keeper, or Commissary of our Prerogative Court of Canterbury, lawfully constituted the last Will and Testament with a Codicil of William Charlton Fry late of Crayford in the County of Kent deceased hereunto annexed, was proved, approved, and registered; the said Deceased having whilst living, and at the Time of his Death, Goods, Chattels, or Credits, in divers Dioceses or Jurisdictions, by reason whereof the proving and registering the said Will, and the granting Administration of all and singular the said Goods, Chattels, and Credits, and also the auditing, allowing, and final discharging the Account thereof, are well known to appertain only and wholly to us, and not to any inferior Judge; and that Administration of all and singular the Goods, Chattels, and Credits of the said Deceased, and any Way concerning his Will was granted to William Arthur Fry the Son of the said Deceased one of the Executors named in the said Will he having been already sworn well and faithfully to administer the same, and to make a true and perfect Inventory of all and singular the said Goods, Chattels, and Credits, and to exhibit the same into the Registry of our said Court, on or before the last Day of September next ensuing, and also to render a just and true Account thereof. Power reserved of making the like Grant to George Pyne and John Soundy the other Executors when they shall apply for the same - Given at the Time and Place above written and in the ninth year of our Translation
Chas. Dyneley - John Iggulden Deputy - W J Gosthng Registers


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Will of William Charlton Fry
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