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Will of William Tucker

of Saint Margarets at Cliffe, Kent


Source: Consistory Court of Canterbury, Ref. PRC 32/72/52
Transcribed by Carole and Andrew Jell
I William Tucker of the parish of Saint Margarets at Cliffe in the County of Kent, Bricklayer do hereby declare this only to be my last will and testament I give devise and bequeath all my real estate whatsoever and wherever and also all my personal estate of whatsoever and wherever and to the use of William Clayson of Saint Margarets aforesaid Labourer and William Golder of the Parish of Little Mongeham in the said County , Labourer, their heirs, executors and assigns respectively according to the nature of their property upon and for the trusts and purposes and subject to the powers, provisions and declarations hereinafter expressed concerning the same respectively that is to say as to my said personal Estate upon trust that the said Trustees and the survivor of them his executors, administrators and assigns do and shall permit and suffer my Wife Elizabeth Collard Tucker to have the use and enjoyment of all my household furniture, plate, linen, china, books and household effects during her life.

And subject and with a due regard to such Trust as to such articles as aforesaid and also all the residue of my personal estate upon trust that the said Trustees and the survivors of them his executors, administrators and assigns do and shall at such time as they or he shall think expedient call in and convert into money such part thereof as shall not consist of money and do and shall stand possessed of such part of my personal estate as shall consist of money and the monies to arise from the sale of my personal estate upon trust with and out of the said monies to pay and discharge all my just debts, funeral and testamentary expenses and such legacies as I may hereafter give by any codicil hereto and to invest the residue of the said monies in their or his names or name either in the Parliamentary funds of Great Britain or on Government real securities 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 discretion.

And I hereby declare that the said Trustees their heirs executors administrators and assigns respectively shall stand and be seized and possessed of my said real and residuary personal estate and effect hereinbefore devised and bequeathed to them and the funds and securities upon which such personal estate shall be invested upon trust from time to time during the life of my said wife to pay unto her and her assigns the annual income from my said real and personal estate for her separate use without power of anticipation during any coverture and her receipt or those of the persons to who she shall direct the same to be paid to be notwithstanding her coverture sufficient discharges for the same and immediately after the decease of my said wife then do and shall stand seized and possessed of all my said read and personal estate and the funds and securities in which such personal estate shall be invested and the annual income thereof respectively in trust for my two children Ann Elizabeth Tucker and Stephen William Tucker and their respective heirs or executors administrators and assigns on equal shares as ???? in common if both shall be living at my death and shall attain the age of Twenty One years And if only one of such children shall be living at my death and shall attain that age then the whole to be in trust for that one child his or her heirs executors administrators or assigns respectively

Provided always and I hereby declare that it shall be lawful for the said Trustees and Trustee for the time being of this my Will (after the decease of my said wife) to apply for or towards the maintenance and education or otherwise for the benefit of each of my said children entitled under the Trusts aforesaid to a share not absolutely vested the whole or any part of the rents issues profits and annual incomes of such share of my real and personal estate hereinafter provided for them respectively

And I appoint the said William Clayson and William Golder Executors of this my will and I declare that the receipts of my said Executors and the Trustees for the time being of this my will shall exonerate all persons paying money to such Executors or Trustees by virtue of this my Will from all liability in respect to the application thereof Provided also and I hereby further declare that if the said Trustees or Trustee or any Trustees or Trustee appointed under this provision shall die or become unwilling or unable to act as Trustees or Trustee of this my said Will it shall be lawful for the Trustees or Trustee for the time being whether continuing or declining to act or if none for the executors or administrators of any deceased Trustees or Trustee to appoint any fit persons or person to be Trustees or Trustee in the place of any Trustees or Trustee dying or becoming unwilling or unable to act And I declare that the Trustees and Trustee for the time being of this my Will shall be competent to exercise all the powers and discretions confided in the Trustees herein named

And I further declare that the Trustees for the time being of this my Will shall not be answerable for each others acts or receipts nor for loses happening without their own respective default and shall be at liberty to retain and allow to each other all expenses incident to the execution of the trusts and powers of this my Will In witness whereof I the said William Tucker the Testator have to this my last Will and Testament contained in three 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 nineteenth day of July One thousand eight hundred and fifty one The mark x William Tucker signed and acknowledged by the said William Tucker the Testator as and for 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 hereunto subscribed our names as witnesses
Percy Brooke Claris? Clerk to Mr Chalk Solicitor Dover - Stephen Tucker of St Margarets Builder

The before registered Will of William Tucker deceased was proved the twenty second of March 1852 before the Reverend John Metcalfe, Clerk Surrogate of the Worshipful Travers Twiss Doctor of Laws Commissary General of the City and Diocese of Canterbury lawfully constituted by the oaths of William Clayson and William Golder the Executors named in the said will They being first sworn well and duly to perform the same.

William Tucker - Born 1817, died 20th July 1851


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Will of William Tucker
Created by Maureen Rawson