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Will of Joseph Sharp

of Maidstone, Kent

Source: Consistory Court of Canterbury Vol. 71 Folio 189, 1846
Transcribed by Pat Barry
This is the last Will and Testament of me, Joseph Sharp of Maidstone in the County of Kent, Gunsmith. I appoint my Brother John Sharp of Maidstone aforesaid, Paper Maker, and my Son Joseph Sharp of the same place, Gunsmith, to be Executors and Trustees of this my Will.

I give unto my wife Mary the use of all my Household Goods, glass, linen,furniture, plate and Effects for her life, and all my liquors, housekeeping provisions which shall be in and about my dweling house at the time of my decease, and also the ready Money which she may have in her possesson, for her absolute use and benefit.

I direct my said Executors to pay and discharge all my just Debts and Funeral and Testamentary expenses as soon as conveniently may be after my decease.

I give and devise my Freehold House and Premises in Union Street in Maidstone aforesaid, purchased by me of George Dickson and now in the occupation of Thomas Reynolds, and my other Freehold House in Union Street aforesaid, in Maidstone aforesaid, which I acquired through John Hilder and now in my own occupation, and also my seven undivided eighth parts or shares and all other my parts, shares and interest whatsoever (if any) of, in and to a messuage and premises in King Street in Maidstone aforesaid, purchased by me of Samuel Jones and others, now in the occupation of Sarah Bonner, and all other my real estate, whatsoever and wheresoever, unto my named Trustees John Sharp and Joseph Sharp, their heirs and assigns, upon trust to permit my said Wife to receive the rents and profits thereof, my Daughter Hannah Sharp [three or four unclear words, cut off at top of photocopied page], keeping the same in good repair and insured against loss or damage by Fire in such Public Insurance Office and in such sum or sums as my said Trustees and Executors shall from time to time think proper.

And after my said Wife's decease, upon trust to sell and convert my said Household Furniture and Effects into Money, and after and subject to the payment of the expenses attending my Wife's Funeral, do and shall appropriate, expend and lay out the resideue of such Sale Monies, with the rents and profits of my said real Estate for the benefit of my said Daughter Hannah Sharp during her life for her support and maintenance.

And after the decease of the survivor of them, my said Wife and Daughter Hannah Sharp, upon trust to sell the said several Messuages, Tenements, undivided parts, shares, hereditaments and real Estate and Premises with their appurtenances by Public Auction or by Private Contract at such time or times, and subject to such stipulations relative to the title or evidence of title or to the payment of the purchase Money or to any other matters connected with the sale of my said Estates as my said Trustees shall judge expedient or as counsel shall advise with full descretion and authority, to sell either subject to or discharged from or with an indemnity by impounding part of the purchase Money or otherwise against any incumbrances, and also to fix a reserved bidding and to rescind or vary any Contract for sale without being liable for any consequential loss, and also to execute such Instruments and Assurances as shall be requisite for effecting and completing such Sale.

And I direct that the Money to arise from such Sale should be received by my said Trustees, and after payment of the expenses attending the Funeral of my said Daughter Hannah Sharp and of a legacy of Ten Pounds unto my grandson John Arthur Sharp (to whom I bequeath the same) be with the residue of my Personal Estate paid and divided unto and equally between such and so many of my six children (videlicet) Frances Hilder Price, Joseph Sharp, Mary Ann Kettle, Harriet Collens, Charles Sharp, and Alice Rice as shall be living at the time of the decease of the Survivor of them, my said Wife and Daugher Hannah Sharp, and the issue of my said children dying in my lifetime or in the lifetime of my said Wife and Daughter Hannah Sharp, such issue to receive, be paid and take their respective shares in the said Trust Monies immediately after the death of such Survivor of my said Wife and Daughter, or as soon as conveniently may be at the discretion of my said Trustees, notwithstanding the minority of such Issue respectively at that time or period yet that so that such Issue shall participate only as representing their deceased Parents.

And on failure of Issue of any of my said Children, leaving a Parent upon Trust to pay and divide the share of any of any said Children, so dying without leaving issue as aforesaid, unto his or her wife or husband (if any then living), I give and devise all the legal interests vested in me as Trustee or Morgagee in any real or Personal Estate unto and to the use of my said Trustees, upon such trusts and subject to such equities as shall be subsisting therein respectively.

I declare that the receipts of my said Trustees shall exonerate purchasers and others paying Monies to such Trustees by virtue of my Will from all liability in respect thereof.

I declare that if the said Trustees, or either of them or any Trustees or Trustee to be appointed under this provision, shall die or become unwilling or unable to act as Trustees or Trustee of my Will, it shall be lawful for the Trustees or Trustee for the time being whether continuing or declining to act as Trustees or Trustee of my Will, or if none for the Executors or Administrators of any deceased Trustee, to appoint any fit person or persons to be a Trustee or Trustees in the place of any Trustee or Trustees dying or becoming unwilling or unable to act.

And I declare that the Trustees or Trustee for the time being of my Will shall be competent to exercise all the powers and authorities and directions hereby confided to the Trustees herin named.

And I further declare that the Trustees for the time being of my Will shall not be answerable for each other's acts nor receipts nor for losses happening without their own respective default and shall be at liberty to retain and allow each other all expenses incident to the execution of the trusts and powers of my Will.

I appoint my said Brother John Sharp and my said Son Joseph Sharp Guardians of my said Daughter Hannah Sharp.
And lastly I revoke all former and other Wills, declaring this writing alone to express the whole of my Will.

In witness whereof, I the said Joseph Sharp the Testator have to this my last Will and Testament, contained in three Sheets of Paper, set my respective hands at the end or foot of each and every of the said Sheets, this sixth day of April in the year of our Lord One thousand eight hundred and forty six -- Joseph Sharp.

Signed by the said Testator Joseph Sharp as and to be his last Will and Testament in the presence of us the undersigned witnesses present at the same time who in his presence, at his request, and in the presence of each, other have hereunto set and subscribed our Names as attesting Witnesses --
D.T. Sweetlove, Solicitor, Maidstone, Kent -- Robert Brissenden of Maidstone, Kent.

The before-registered Will of Josph Sharp, deceased, was proved the Twenty first day of October 1846 before the Reverend John Pechey Francis, Clerk, Surrogate to the Worshipful Sherrard Beaumont Burnaby, Doctor of Laws, Commissary General of the City and Diocese of Canterbury, lawfully constituted by the Oaths of John Sharp, the Brother, and Joseph Sharp, Son of the deceased, the Executors named in the said Will, they being first sworn well and truly to perform the same.

Joseph's wife was Mary Hilder (Hillder), the daughter of John and Frances Hilder of Maidstone.
Joseph was the brother of the grandfather of Sir Edward Sharp, founder of the famous Sharp's Toffee business in Maidstone.

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Will of Joseph Sharp
Created by Maureen Rawson