The Will of Squire Hogben.

 

This is the Last Will and Testament of me Squire Hogben of Folkestone in the County of Kent, Cabinet Maker,  I appoint Jacob Rabbeth of Dover in Kent Grocer and Thomas Squire Linen Drapers Assistant in the shop of Messrs. Harvey and Company Linen Drapers Lambeth House Westminster Bridge Road Executors and Trustees of this my Will.  I direct that all my just debts funeral and testamentary expenses shall be paid and discharged by my said executors out of my personal estate as soon as conveniently may be after my decease I give and bequeath all my household furniture plate linen glass and china in the dwelling house wherein I now reside (except my wearing apparel) and also the household furniture in the dwelling house situate in Hadlow Lane Folkestone in the occupation of John White and all other my ready money securities for money personal estate and effects whatsoever and wheresoever unto my wife Elizabeth Hogben  absolutely   I give and bequeath unto John Hogben and George Hogben the legacies or sums of five pounds each I also give and bequeath unto the said John Hogben all my wearing apparel I give and bequeath to every of the following persons the sum of five pounds a piece namely Mark Sandford John Sandford Margaret Page and my niece Elizabeth Ann Stuppel and I direct that the said several legacies shall be paid out of the proceeds of my real estate hereinafter devised to my said trustees upon trust for the sale after the death of my said wife and in the case of the death of any of the before mentioned legatees before his her or their legacy or legacies shall become due and payable then I give and bequeath the same unto or the survivors or survivor or others or other of them I give and devise all that my messuage or tenement and premises situate in North Street in Folkestone aforesaid now or late in the occupation of  (big gap)  Ashton and which I purchased of the devises of Mark Sandford deceased  (big gap)   Mary Cox of Folkestone the widow of James Cox deceased her heirs and assigns forever.   I give and devise all those two freehold dwelling houses with the gardens and appurtenances thereunto belonging situate in Church Street in Folkestone aforesaid the one in the occupation of myself and the other of the occupation of Ann Hobday widow.  Also in that freehold messuage or tenement called Ivy Cottage with the shop and the garden thereof adjoining with the appurtenances situate in Hallows Lane in Folkestone aforesaid in the occupation of John White and myself. Also all those my two freehold messuages or tenements with the gardens and appurtenances thereunto belonging situate in Shellons Lane in Folkestone aforesaid and now in the several occupations of James Daniel Thorn and  (big gap)   Rennie  Also all there the undivided parts or shares of in or to which I now am or may at the time of my decease be entitled of and in all that messuage (new divided into five tenements) with the barn stable yards gardens and appurtenances to the same respectively belonging situate in Shellons Lane in Folkestone aforesaid and now in the occupation of Charles  Warland  and others Also all that piece of land situate in the Parish of Folkestone and now in the occupation of William Burvill   Also all that other piece of land situate in the Township of Folkestone adjoining the Cheriton Road and now in the occupation of Charles Foreman Also all that messuage or tenement with the appurtenances thereunto belonging situate in Fancy Street in the Town of Folkestone  and now in the occupation of    (big gap)       above and other my real estate whatsoever and wheresoever and of what nature and kind proves  (except mortgage and trust estates) unto the said Jacob Rabbeth and Thomas Squire their heir and assigns upon trust that they the said Jacob Rabbeth and Thomas Squire or the survivor of them or the heirs and assigns of such survivor do and shall pay the rents issues and profits of my said real estate so devised to them as aforesaid unto my wife Elizabeth Hogben for and during the term of her natural life for her own separate use and not subject to   the debts or control of any future husband with whom she may happen to intermarry and from and immediately after the decease of my said wife then upon trust that they the said Jacob Rabbeth  and Thomas Squire or the survivor of them or the heirs or assigns of such survivor or other the trustees or trustee for the time being of this my will do and shall the same messuages lands tenements and hereditaments and parts and shares of messuages lands tenement and hereditaments together or in parts by public auction or private contract at such place or places and time or times and subject to such special or other stipulations relative to the title of cordence of title or the manner and costs of investigating and proving such title or the payment of the purchase or money or to any other matter connected with the sale as my said trustees or trustee for the time being shall think fit or as their of his counsel shall advise with full discretion and authority to sell wither subject to or discharged from or with and indemnity (by impounding part of the purchase money or otherwise against any encumbrances and also to fix a reserved bidding and buy in any lot or lots at any auction and to rescind or vary the terms of any contract without being liable for any consequential loss and also to execute such instruments of assurance as shall be though requisite for effecting and completing any such sale.  And I give and devise to the said Jacob Rabbeth and Thomas Squire their heirs and assigns all the real estates vested in me as mortgagee or trustee subject to the trusts and equities effecting the same respectively and I hereby declare that the receipts of my said trustees or trustee for the time being for any money payable to them or him by virtue of this my will shall effectually discharge the person or persons paying the said from being answerable or accountable for the misapplication or nonapplication thereof or from being obliged to see to the application thereof.  And I so hereby declare that my said trustees or trustee for the time being shall stand and be possessed of the monies to arise from the sale of my said estate upon trust that they the said trustees or trustee for the time being (after paying and satisfying the said several legacies herein before bequeathed) do and shall pay and divide the same monies unto and equally amongst the children of Lawrence Squire namely Thomas Squire Jacob Squire Joseph Squire Josiah Squire Sarah the wife of Thomas Hooker Elizabeth Squire and Caroline Squire and my cousin Jacob Rabbeth and the children of Jacob Squire deceased namely John Squire and Jacob Squire and which I hereby give and bequeath to them accordingly provided always and I hereby declare my will and mind to be that in case any of the last mentioned legatees shall die before the said trust monies shall become divisible amongst them then and in such case the share or shares of such of them so dying shall be in trust for the survivor or survivors others or other of them in equal shares and proportions provided also and I do hereby authorise and empower any said trustees or trustee for the time being at their or his discretion and either with or without the consent or concurance of m said wife during her life time to sell the said piece of land  in the occupation of the said William Burvill for such sum of money as they my said trustee or trustees in their or his discretion shall think proper and also the said piece of land in the occupation of the said Charles Foreman and in case the said several pieces of land or either of them shall be sold by my said trustees or trustee during the life time of my said wife then I hereby order and direct my said trustees or trustee for the time being to invest the monies arising therefrom in their or his names or name in any of the public stocks or funds of Great Britain or upon Government or Real Securities (including copyhold and leasehold securities) in England or Wales and from time to time to alter vary and transpose the same or any part thereof for into or upon other funds and securities of a life nature at their or his discretion. And I do hereby declare that the said trustees or trustee for the time being shall stand possessed of the said trust fund and securities and the interest dividends and annual produce thereof upon trust to pay the interest dividends and annual produce thereof into or permit the same to be received by my said wife Elizabeth Hogben during her life.  And from and immediately after the decease of my said wife the upon trust to pay and divide the said trust monies unto and equally between and amongst the children of the said Lawrence Squire namely the said Thomas Squire Jacob Squire Joseph Squire Josiah Squire Sarah the wife of Thomas Hooker Elizabeth Squire and Caroline Squire the said Jacob Rabbeth and the children of the said Jacob Squire deceased namely the said John Squire and Jacob Squire at the time and in manner thereinbefore appointed for the division of the proceeds of my said real estate amongst them with equal benefit of survivorship as hereinbefore expressed and I hereby declare that on the such refusal or incapacity to act of any present or future trustees or trustee of this my will the surviving or acting trustee of this my will his or their executors administrators may appoint and new trustee or new trustees as occasion may require who shall have and be at liberty to exercise the same powers and authorities under my said will and to act in the trusts thereof as if he she or they respectively had been named therein and appoint thereby.  And I lastly declare that every present and future trustee of my said will shall only be answerable for his and her own wilful defaults and shall have power to reimburse himself and herself and his and her cotrustee and cotrustees all costs and expenses in or in relation to the trusts or powers contained in this my will.  In witness whereof I the said Squire Hogben the testator have to this my last Will and Testament comprised in five sheets of paper set my hand to the fifth and last sheet and my hand also at the foot of each of the four preceeding sheets of paper this twenty seventh day of July in the year of our Lord one thousand eight hundred and fifty two       -  Squire Hogben -     signed published and declared by the said testator Squire Hogben  as and to be his last Will and Testament the “give” in the sixteenth line from the top of the first page having been previously written upon one erasure the word “trust” in the twenty first line from the top of same page having been first underlined the word “be” in the fourth line from the top of the second page and the word “they” in the seventeenth line from the top of the same page having been first erased and the word “to” in the first line of the third page having first been inserted in the presence of us present at the same time and was in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses hereof:-  Hump. Wightwick     Edward Kingsford  Clerk to    W.R.T.   Buckman Solicitors Folkestone

 

This is a Codicil to be added to and taken as and for part of the last Will and Testament of me Squire Hogben which I made and signed on the twenty seventh day of July last (that is to say I hereby revoke the bequest in my said Will of my household furniture plate linen glass and china in my present dwelling house and also of the household furniture in the dwelling house situate in Shellons Lane in Folkestone in the occupation of John White and of all my ready money securities for money and other personal estate and effects whatsoever and wheresoever in favour of my said wife and hereby bequeath the same and every part thereof respectively unto my said executors and trustees upon trust to collect and convert into money and sell and dispose of the same respectively and to stand possessed of the net amount of such ready money collection conversion and sale as to the interest thereof in trust to apply the same for or towards the personal maintenance and support of my said wife in such manner as my said executors and trustees shall at their own sole discretion and without control from time to time think proper and from and immediately after the decease of my said wife as to the capital or principal of the same trust monies in trust for John Sandford Mark Sandford and William Henry Sandford three of the brothers of my said wife,  Mary Cox widow a sister of my said wife,  Margaret Page another sister of my said wife and Elizabeth Ann Stuppel the natural daughter of my wife’s sister Caroline Sandford or such of them the said John Sandford Mark Sandford William Henry Sandford Mary Cox Margaret Page and Elizabeth Ann Stuppel as shall be living at the time of decease of my said wife if more than one equally absolutely.  Also I give and bequeath the legacy or sum of five pounds to each of my cousins John Hogben Yeoman and William Hogben Shoemaker both of Alkham if living at the time of the death of my said wife to be paid out of the proceeds of my real estate after the death of my said wife and I hereby direct my trustees for the time being of my said real estate to receive the rents and profits thereof from time to time during the life of my said wife into their own proper hands and to pay and apply the net proceeds thereof from time to time in or towards the personal maintenance or otherwise for the support of my said wife in such manner at their own sole discretion without control as they think proper and as to any surplus  thereof in trust to be applied in the same manner in all respects as I have by my said Will given the general residue of the proceeds of my real estate and I hereby revoke the devise of the use and trust in and by my said Will limited and declared so far as it respects the messuage or tenement yard and appurtenances situate in Great Henry Street in Folkestone in the occupation of   (big gap)     Gibson from and after the decease of my said wife but not further or otherwise  And hereby devise the same messuage or tenement and hereditaments from and immediately after the decease of my said wife.  To such uses generally and for such estates as the said Elizabeth Ann Stuppel shall by deed or will appoint or subject thereto.  To the use of the said trustees of my said Will and their heirs in trust for the said Elizabeth Ann Stuppel her heirs and assigns forever.  And I hereby ratify and confirm my said Will in all other respects.  In witness whereof I have to this codicil to my said Will contained in this and the preceeding sheet of paper set my hand on this fifth day of August in the year of Our Lord one thousand eight hundred and fifty two    -    Squire Hogben  -    signed acknowledged by the said Squire Hogben as a codicil to his last Will and Testament in the presence of us present at the same time and who in his presence and in the presence of each other have hereunto subscribed our names as witnesses Hump Wightwick  Folkestone  -   Richard C Cross of the same place.

 

Proved at London with a codicil the 14^th September 1852 before the Judge by the oaths of Jacob Rabbeth and Thomas Squire the Executors to whom   (big gap)    was granted having been first sworn by common duly to administer.