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Will of Rev. Henry Withy

of Tunbridge Wells, Kent

Source: Prerogative Court of Canterbury Prob11/1879
Submitted by Ros Dunning
This is the last Will and Testament of me The Reverend Henry Withy of Tunbridge Wells in the County of Kent Clerk

I give and bequeath unto my dear Wife Christian Dottin Withy All my household goods plate linen china & trinkets which I may be possessed of at the time of my decease
I also give to her the sum of two hundred pounds

And as to all the Rest Residue and Remainder of my Personal Estate and Effects of what nature or kind soever the same may be or consist of I give and bequeath the same unto my Brothers in Law the Reverend Joseph Duncan Ostrehan of Shipcomb in the Parish of Painswick in the County of Gloucester and Alexander Mours of Albury in the County of Surrey Esquire To hold the same Upon the trusts and to and for the ends intents and purposes hereinafter mentioned expressed and declared of and concerning the same that is to say

Upon trust to lay out and invest the same upon Government or real Securities at interest in their names and to pay and apply the interest and dividends thereof in manner following that is to say
As to one moiety or half part thereof or otherwise permit & suffer my dear Wife to receive the same for and during the term of her natural life free from the controul debts or engagement of any husband she may hereafter intermarry with and not to be assigned or disposed of and her receipt alone to be a sufficient discharge for the same from time to time
And from and after the decease of my said Wife then upon such trusts as are hereinafter declared

And as to the other moiety of my said Personal Estate and Effects as well as to the other moiety after the decease of my said Wife Upon trust for my three children Henry Alleyne William Henry Harris and Emma Fennant and such other child as my Wife may be ensient with at the time of my decease equally to be divided between them share and share alike the share of the sons to be paid at the end of twenty one years and the share of the daughters at that Age or marriage which shall first happen

And I do declare that in case of the death of either of them my said children before their said shares shall become payable then the share or shares of such of them so dying shall go to and be paid unto the survivors and survivor of them
And I do direct that the interest and dividends arising from the fund to which my said children shall become intitled shall be paid and applied for their maintenance and education And that it shall be lawful for my said trustees with the consent of my said Wife to apply any part of the Capital of their respective shares for the purpose of advancing my said sons in the World not exceeding one third of their shares
And in case of the death of either of my trustees the survivor with the Approbation of my said Wife to appoint another

And I do hereby nominate and appoint the said Joseph Duncan Ostrehan and Alexander Mours Executors of my said Will and appoint my said Wife Guardian of my said Children and declare this to be my last Will and Testament

In witness whereof I have hereunto set my hand and seal this sixth day of March one thousand eight hundred and thirty seven _ Henry Withy _ Signed sealed and delivered by the above named Henry Withy in the presence of
Mary Spere Alleyen _ Job Withy

6 May 1837 Administration with Will annexed granted to Christian Dottin Withy Widow the Relict the Executors having renounced

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Will of Rev. Henry Withy
Created by Maureen Rawson