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Summary of the Will of Richard Menpes

of Tunbridge, Kent


Source: Prerogative Court of Canterbury Prob 11/2093
Submitted by Gerry Doyle
Tunbridge 14th July 1846
I Richard Menpes of Tunbridge in the County of Kent Gentleman do hereby revoke all wills and testamentary dispositions heretofore made by me and declare this to be my last will and testament.

I give unto my wife Catherine all my wearing apparel household furniture linen glass wines liquors provisions and consumable articles of every kind whatsoever which may be in and about the dwelling house and premises wherever I shall reside at my decease and also my horse chariot harness cattle poultry and farming stock of every description for her absolute use and benefit.

Also I give unto John Boyton of Dover aforesaid Gentleman and Samuel Marfit of Folkstone in the said County of Kent Gentleman their executors administrators and assigns such sum of money as when or if invested in three pounds per centum bank annuities would by the annual dividends thereof produce the yearly sum of twenty pounds clear of all deductions whatsoever except the legacy duty upon trust that the said trustees or trustee for the time being do and shall immediately after the decease of the survivor of my brother Joseph Menpes and of Sarah his present wife in case of their son Edward Menpes shall then be living and the trusts hereinafter limited of my real and residuary personal estate after the decease or second marriage of my said wife and in case and after the failure of my issue shall not have taken effect lay out and invest such sum of money in the names or name of such trustees or trustee either in the parliamentary funds of Great Britain or in Government or real securities in England and from time to time change such investment for or into other funds and securities of the same or a like nature at their or his discretions and do and shall with and out of the annual interest of the said trust fund during the life of the said Edward Menpes pay out annuity or yearly sum of twenty pounds.

I give all that of my leasehold messuage and tenement with the ground and appurtenants thereunto belonging situated and being in Sussex Street in Dover aforesaid and now in the occupation of Mary Menpes unto the said John Boyton and Samuel Marfit their executors administrators and heirs upon trust that they and survivor of them or his executors and administrators and heirs and his assigns do and shall permit and for the said Mary Menpes so long during the life of my said brother William Menpes as he shall live to occupy such part of the same leasehold premises as is now occupied.

Whereas by indenture of lease and release and assignment too respectively the fourth and fifth days of April one thousand eight hundred and thirty four the release and assignment being the settlement made previously to my marriage with my said wife Catherine Moon spinster the sum of two thousand pounds and the funds and securities in which the same shall be invested after my decease and the decease or second marriage of my said wife stands settled if there should be any child or children of the then intended marriage in trust for and to be an interest or interests vested in all and every or such one or more exclusively of the others or other of such children or child or their or any of their issue born in the lifetime of me.

All my said real and residuary personal estate and the funds and securities in which such personal estate shall be invested and the annual income thereof shall be in trust for all and every my children or child both sons and daughters but as to a son or sons who shall attain the age of twenty one years or who shall be under that age leaving issue at his or their decease and the respective heirs executors administrators and assigns of such son or sons and as to a daughter or daughters who shall attain the age of twenty one years or who shall marry to be divided between or among such sons and daughters if more than one.

As to one undivided tenth part thereof in trust for my said brother Joseph Menpes his heirs executors administrators and assigns
and as to one other undivided tenth part thereof In trust for my nephew Stephen Witherden Horton and my niece Catherine Witherden Matson and their respective heirs executors administrators and assigns in equal shares as tenants in common
and as to five other undivided tenth parts thereof in trust for my brothers and sister in laws John Moon, James Papillon Moon, Eunice Morris, Mary Ann Moon and Frances Moon and their respective heirs executors administrators and assigns in equal shares as tenants in common
and as to one other tenth part thereof In trust for Henry Moon and Elizabeth Watson (the nephew and niece of my said wife) and their respective heirs executors administrators and assigns in equal shares as tenants in common
and as to one other undivided tenth part of my said real and residuary personal estate and the annual income thereof I hereby direct and declare that the same shall be held in trust for all and every the children and child of my deceased brother Stephen Menpes who shall attain the age of twenty one years and their respective heirs executors administrators and assigns in equal shares if more than one but if there shall be but one such child then the whole to such one child his or her heirs executors administrators and assigns
and as to the remaining one undivided tenth part of my said real and residuary personal estate and the annual income thereof I hereby direct and declare that the same shall be held in trust for all and every the children and child of my said wife’s deceased sister Ann Marsh who shall attain the age of twenty one years.

In witness whereof I the said Richard Menpes the Testator have to this my last will and testament contained in thirteen sheets of paper to each sheet thereof set my hand and my seal at the top where all the said sheets are affixed together this fourteenth day of July one thousand eight hundred and forty six Rd Menpes Signed and witnessed by the said Richard Menpes the Testator 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.
Stephen Chalk Solicitor Perry Brooks Claris his Clerk

I Richard Menpes of Tunbridge in the County of Kent Gentleman hereby declare this to be a Codicil to my last will and testament made by me and bearing date on or about the fourteenth day of July instant

I give unto my nephew Stephen Witherden Horton a legacy of nine hundred pounds when he shall attain his age of twenty five years and I direct that the same legacy shall not vest in or be paid to him unless he shall attain the said age
and I further direct that in case such legacy shall become a vested interest in my said estate it shall be lawful for the trustees or trustee for the time being of my said will if they or he shall think proper to defer the payment of it for any period not exceeding five years from the time of my said nephew attaining his said age of twenty five years they and he paying unto him during such period as they or he shall withhold the payment of interest of the said legacy at the rate of four pounds per centum per annum from the day he so attains his said age of twenty five years

Also I give and bequeath my piece of land garden or outside ground lying and being in the parish of Ewell upon Dover in the said County of Kent and which was purchased by my said nephew Stephen Witherden Horton his heirs and assigns for ever and I hereby ratify and confirm my said will in all other respects except where the same is hereby altered as aforesaid. By witness whereof I have hereto set my hand this fifteenth day of July one thousand eight hundred and forty six Rd Menpes Signed and acknowledged by the said Richard Menpes the Testator in his and for a Codicil to his last will and testament 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 hereto subscribed our names as witnesses
Stephen Chalk Solicitor Perry Brooks Claris his Clerk.

Proved at London with a Codicil 11th May 1849 before the Judge by the oath of Catherine Menpes widow the relict the sole executor to whom admon was granted having been first sworn by common duty to administer.


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Will of Richard Menpes
Created by Maureen Rawson