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The Will of Abraham Kempton

 

This is the last Will and Testament of me Abraham Kempton of Tollesbury in the County of Essex Bargeman which I being in full possession of my ffaculties do make & ordain in manner following that is to say ffirst I make constitute & appoint my Brother in Law John Lewis of Tollesbury aforesaid Victualler & my Son in Law John Smith of the same place Mariner the Exors of this my Will And I do give & bequeath unto them my said Brother in Law John Lewis & my Son in Law John Smith All that my Moiety of the Barge called The good Intent of the Port of Maldon with all & every the Appurts to the same Moiety belonging or appertaining And also all other my Goods Chattells Monies in Hand Monies out owing to me at the Time of my Death & all other my personal Estate property & Effects whatsoever & wheresoever To hold the same Moiety of the said Barge And also my said Goods chattells Effects & Property unto them the said John Lewis & John Smith their Exors & Admors Upon Trust & Confidence that they my said Trustees and Exors the Survivor of them or the Exors & Admors of such Survivor shall & do with all convenient Speed after my Death bargain & sell the said Moiety of the said Barge with the Appurts & dispose of all & every the said Goods & Chattells & all other my saleable property & Effects by this my Will given to them as aforesaid for the best Money & to the best Purchasers that can be reasonably obtained for the same & the Money arising by such Sale or Sales together with all my ready Money & other Monies which may come to the Hands of my Exors by virtue of this my Will after deducting thereout my ffuneral Expences & the Charges attending the proving & executing of this my Will I dispose of in manner following that is to say I give & bequeath thereout to my Son Abraham Kempton the Sum of Twenty Pounds of lawful English Money which I direct my Exors to pay to him for his own use & benefit absolutely as soon as possible after the Sale of my said Personal Estate & Effects I give & bequeath unto my said Trustees & Exors the said John Lewis & John Smith the Sum of Eighty Pounds of like lawful Money which I direct them to deduct out of the Money remaining in their Hands after Paying the said Legacy of twenty pounds to my said son Abraham To hold the said Sum of Eighty Pounds & every part thereof unto them the said John Lewis & John Smith their Exors & Admors upon Trust that they the said John Lewis & John Smith the Survivor of them or the Exors & Admors of such Survivor shall & do apply the same for and towards the maintenance & bringing up of my Daughter Mary Ann Kempton until she shall attain the Age of Sixteen Years & that my said Executors shall so divide & apply the said Principal Sum of Eighty Pounds as to make the best Provision for my said Daughter Mary Ann until she shall attain that Age & shall & do from time to time Place so much of the Principal Sum out at Interest as the Circumstances of the case will admit of in order to make as ample a Provision for my said Daughter as the Trust Money will in any manner allow But if my said Daughter Mary Ann should depart this Life before she shall attain the Age of Sixteen Years then I give and bequeath such part or parts of the said Sum of Eighty Pounds as shall then remain unapplied for my said Daughter’s benefit & all Interest due thereon unto my Children Abraham Kempton Lucy Smith and Sarah Mezengarb or the Survivors or Survivor of them to be equally divided between them share & share alike without any Preference or Priority whatsoever And after deducting the said Sum of Eighty Pounds & twenty Pounds as aforesaid I give & bequeath one fourth part of the Moiety then remaining in the Hands of my said Trustees & Exors & direct the same to be paid to my said Son Abraham Kempton for his own use & benefit absolutely One other full & equal fourth part thereof I give & bequeath & direct the same to be paid into the Hands of my Daughter Lucy Smith for her own use & benefit absolutely And the other two full & equal fourth parts thereof I give & bequeath unto the said John Lewis & John Smith their Exors & Admors upon Trust that they or the Survivor of them or the Exors & Admors of such Survivor shall & do place & put out one of the two fourth parts so given to them as aforesaid at Interest on good real Security & shall & do pay & apply the Interest & profit arising or to be produced from the same unto or for the for the sole  & separate benefit of my of my aforesaid daughter Mary Anne Kempton until she shall attain the Age of twenty one Years And from & immediately after her attainment of that Age Upon Trust to Pay the same fourth Part of the said residue of my said Personal Estate into the Proper Hands of her my said Daughter Mary Ann for her own use & benefit absolutely but in Case my said Daughter Mary Ann should depart this life before she shall attain the said Age of twenty one Years & without lawfull Issue then I give & bequeath the same Part of my said Personal Estate unto the Survivors or Survivor of my Children to be equally divided between them share & share alike without any Preference or Priority whatsoever And upon Trust that they the said John Lewis & John Smith or the Survivor of them or the Exors & Admors of such Survivor shall & do out of the remaining fourth Part of my said Personal estate then in their Hands Pay unto my Daughter Sarah Mezengarb the Yearly Sum of Six Pounds by even half Yearly Portions on the twenty fourth day of June & the twenty fifth Day of December the first of such Payments to be made on such of the said days as shall happen after the Division of my said Personal Estate & one payment successively to follow another until the whole of the said fourth part of the aforesaid Monies shall be paid & expended but in case my said Daughter Sarah Mezengarb should depart this Life before the whole of the said last mentioned fourth part of the aforesaid Monies shall have been paid to her in manner aforesaid Then upon Trust that they my said Trustees & Exors or the Survivor of them or the Exors & Admors of such Survivor shall & do pay the Money remaining in their Hands at the Death of the said Sarah Mezengarb unto the Survivors or Survivor of my Children to be equally divided between them share & share alike without any Preference or Priority whatsoever And I declare that neither of my said Trustees & Exors shall be answerable for the Acts or Deeds of the other of them but each of them for his own Acts & Deeds only & that neither of them shall be answerable or accountable for any more Monies than shall actually come to his on Hands respectively nor for any loss in my Property except through his wilful neglect or default And hereby revoking All Wills at any time heretofore made I do hereby declare this to be my last Will & Testament contained in three Sheets of Paper In Witness whereof I the said Abraham Kempton the Testator have set my Seal to the Label affixing them together my Hand to each of the first two Sheets 7 my hand & Seal to the last Sheet thereof this tenth Day of December in the Year of our Lord One thousand eight hundred & eight     A Kempton

 

Saml Daniel

Thos Kempton

Isaac Sewell

 

Proved at London 3 August 1812

PCC

Prob11/1536

 

This Will was kindly  transcribed and sent in by Ros.

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