I bequeath to my said daughter Lavinia Green a legacy of four hundred pounds sterling provided she remain single and unmarried during the lives of myself and wife and the life of the survivor but in the event of marriage taking place during the life time of either of us then I direct that such legacy shall be fortfeited and fall into the residue of my general estate.
I devise all my real and bequeath the residue of my personal estate of what nature or kind soever and whether in possession reversion remainder or expectancy (except estates vested in me as trustee or mortgagee) unto my said wife for her sole use and benefit during her life and after the decease of my said wife I devise and bequeath the same real and residuary personal estate to my said daughter Lavinia Green and my son William Green their heirs executors and administrators upon trust to sell and dispose of convert and get in the same real estate and residuary personal estate as soon as conveniently may be after the decease of my said wife either together or in parcels and either by public auction or private contract and subject or not subject to any special or other conditions relative to the title or evidence of title as may appear expedient and to stand possessed of the money to arise from such sale or sales conversion and getting in. In trust for and to divide the same amongst my children William Green Frederick Green Eleanor Wickings Mary Ann Kent Sarah Bate and Lavinia Green in equal proportions share and share alike and I direct that the shares of my said daughters Eleanor Wickings Mary Ann Kent Sarah Bate and Lavinia Green shall be received enjoyed and disposed of by them respectively as their separate estate without being liable or subject to the control or interference of their present or any future husbands and their receipts alone notwithstanding their coverture? to be effectual discharges to my said trustees for the same.
And I further direct that above clause shall not only apply to the share of residue in favour of the said Lavinia Green but also to the conditional legacy to which she may become entitled and in case any or either of my said children William Frederick Eleanor Wickings Mary Ann Kent Sarah Bate and Lavinia Green shall die in my lifetime or in the lifetime of my said wife leaving issue then the share of such child or children so dying shall go to and be divided equally amongst such issue on their respectively attaining the age of twenty one years in a course of distribution according to the stocks and not to the number of individual objects and so that the issue of deceased children may take by way of substitution the share or respective shares only which the parent or respective parents would if living have taken.
I devise all real estates vested in me as trustee or mortgagee unto my said wife Sarah my said daughter Lavinia and my said son William Green and their heirs subject to the equities affecting the same respectively I empower the said trustees or trustee for the time being of this my will to give receipts to purchases and others for all monies and effects to be paid or deliveries to such trustees or trustee by virtue of my will and declare that such receipts shall exonerate the persons taking the same from liability to see to the application or disposition of the monies or effects therein mentioned I empower the trustee or trustees for the time being of my will to compound or allow time for the payment of any debt or debts due to my estate and to settle all demands against my estate and all amounts between me and any person or persons on such terms as my said trustee or trustees shall in their his or her discretion think expedient and to refer any matters in difference relating to my affairs to arbitration. I declare that if my said trustees or either of them or any person or persons to be appointed under this clause shall disclame? or die or be unwilling or incompetent to execute the trusts of my will it shall be lawful for the competent trustees or trustee for the time being if any whether retiring from the office of Trustee or not or if none for the executors or administrators of the last surviving Trustee to substitute by any writing her his or their hand or hands any fit person or persons in whom alone or as the case may be jointly with the surviving or continuing trustees or trustee my trust estate shall be vested and I exempt every trustee of my will from liability for losses occurring without her his or their wilful default and authorize her him or them to retain or allow to his her or their co-trustee or co-trustees all expences incidental to the trusteeship. Lastly I revoke all other wills.
In witness whereof I have to this my last will and Testament contained in two sheets of paper set my hand at the foot or bottom of each sheet thereof this first day of February one thousand eight hundred and fifty four _____John Green Sen. _____ Signed by the said Testator John Green in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses _____ John Browne, Shoemaker Maidstone _____ Thos. Edmett, Solicitor Maidstone.
PROVED at London the 5th December 1857 before the worshipful Maurice Charles Merttius Swabey Doctor of Laws and Surrogate by the Oath of Lavinia Thomas (wife of William Henry Thomas) formerly Green Spinster the daughter and William Green the son two of the executors to whom admon was granted having been first sworn duly to administer. Power reserved of making the like grant to Sarah Green widow the Relict the other Executor when she shall apply for the same.
Will of John Green
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