The Will of Stephen Williams

 

This is the last will and testament of Stephen Williams of the Town and Port of Dover in the County of Kent, Carpenter in manner following I give and bequeath to my wife Mary Elizabeth the sum of two hundred pounds sterling to be paid to her within six months after my decease.  I also bequeath to my said wife for her own absolute use all household furniture precious and other household effects that may be in or about my dwelling house and premises at my decease.  I give and devise unto my friends Joseph Long Pawnbroker and Henry Elgar, Carpenter both of Dover aforesaid their heirs and assigns all and singular my freehold messuages lands tenements hereditaments and real estate whatsoever and wheresoever with their rights members and appertenances and I also give and bequeath all and every my leasehold messuages, lands and tenements stock in trade monies and securities for money and the Residue of my Personal Estate and Effects whatsoever and wheresoever into the said Jospeh Long and Henry Elgar their executives administrators and assigns according to the several natures and qualitiies thereof respectively upon trust that they the said Joseph Long and Henry Elgar and the survivor of them his executors and administrators do and shall as soon as conveniently  may be after my decease collect and get in such part of my estate and effects as shall consist of debts or money or at their discretion securities for money and sell and convert into money all my personal chattels and effects and the money arising there from after payments of all my just debts funeral and testamentary expenses shall and so lay out and invest in the names of the said Joseph Long and Henry Elgar or the survivor of they his executors or administrators in or upon any of the stock funds or securities of the United Kingdom or any real or personal securities in England with liberty for the said trustees or trustee to vary and transport the investments from time to time for any other investments of the description aforesaid and I declare that the trustees or trustee for the time being of my will shall stand and be seized of the real estate before devised to them and  possessed of the personal estate before bequeathed to them upon trust to pay or otherwise to permit and empower my said wife to receive the rents and annual account of the said real estate and monies of the stocks funds and securities wherever the same monies shall be invested during her life for her sole and separate use free from the control debts or engagements of any after taken husband and to that she shall have no power to alien or anticipate the same and from and after her decease.  In trust for my child if only one or my children if more than one who shall be living at my death or born in due time afterwards in equal shares and so that the interest of a son or sons shall be absolutely vested at the age of twenty one years and of a daughter or daughters at that age or marriage (with the consent of her or their guardian or guardians) and to that the share or shares as well originals as assuming of a son or sons dying under the age of twenty one years and of a daughter or daughters dying under that age without having been married with consent as aforesaid shall arrive to the other or others of my said children if more than one in equal shares and be vested as aforesaid I empower my trustees or trustee for the time being after the death of my said wife to apply the whole or so much as they or he shall seem    ??    of the annual income of the contingous portion to which each or any   ??   devisee or legatee shall be entitled under the trusts before declared towards the main   ??   and   ??  or otherwise for the benefit of such devise of legatee during his or her minority and shall accumulate the unapplied income (if any) and the accumulations to the portion whereso the same shall have arisen with life power to vary the investments thereof I direct that the trustees for trustee for the time being of my will shall have full power with the consent of my said wife during her life and after her death at their or his discretion to raise by such means as shall be judged expedient out of the said trust property any part not exceeding one half of the principal or value of the contingent portion of each such infant if more than one and apply the same for his or her advancement in life.  I declare that if any child of mine being son and having attained the age of twenty one years shall be in my lifetime leaving a child or children living at my decease or if any child of mine being a daughter and having been married with my consent shall die in my lifetime leaving a child or children living at my decease then the share or fund in which under the aforesaid trust in favor of my child or children living at my decease would have belonged to the child of mine so dying if a such child had lived to become an object of or acquire an absolute vested interest under the same trust shall be hold my said trustees or trustee upon trusts or subject to provisions in favor of the child or children of the child of mine so dying corresponding with the trusts and provisions hereinbefore contained in favor of my child or children as the case may be and on failure of such trusts and provisions shall be disposable in the same manner as if this declaration had not been invested I further empower my said trustees or trustee for the time being if they or he shall think it advantageous so to do at any time or rimes at their of his discretion to sell my said real estate or any part or parts thereof together or in parcels by public sale or private contract and convey the real estate so sold unto or according to the discretion of the purchaser or purchases thereof and I direct that my said trustees or trustee shall invest the money to arise from the sale thereof in manner here in before directed concerning the money to arise from my residuary personal estate and shall hold the securities whereon such investment shall be made upon the trusts hereinbefore contained concerning the securities whereon the product of my residuary personal estate may or invested.  I declare that my said trustees for trustee shall have a discretionary power to postpone for such period as to that or this shall seem expedient, the conversion or getting in of any part of my residuary personal estate which shall at my decease consist of leaseholds or chattels real or securities of any description but the outstanding personal estate shall be subject to the trusts hereinbefore contained concerning the money and securities aforesaid and the rents and yearly proceeds thereof shall devised annual income for the purpose of such trusts.  I devise all real estates vested in me as trustee or mortgagee to my said trustees their heirs and assigns subject to the equities affecting the same.  I declare that the receipts of the trustees or trustee for the time being acting in execution of the trusts of my will shall effectually discharge purchasers and others paying or transferring monies or funds to such trustees or trustee by virtue of my will from all viability in respect of the application thereof.  I declare that if the said Joseph Long and Henry Elgar or either of them or any trustees or trustee to be appointed under this    ?   shall die or is unwilling or incompetent to accept or execute the trusts of my will then and so open as the same shall happen it shall be lawful for the competent accepting trustees or trustee for the time being if any whether expiring from the office of trustee or not or if none for the executors and administrators of the last deceased trustee and reconstitute by any writing and their or his hands or hand any fit person or persons  ?  in whom above or (as the case my be) jointly with any surviving or continuing trustees or trustee my first estate shall be vested and I further declare that the trustees or trustee for the time being of my will shall not be answerable for each others acts or receipts nor for any losses happening without their own respective wilful default and shall be at liberty to retain and allow each other all expenses   ?   to the execution of the trusts and powers of my will.  I appoint the said Jospeh Long and Henry Elgar Executors of My Will and revoking all former wills declare this to be my Last Will and Testament  In Witness whereof I have hereunder set my hand and I have also set my hand to each of the two preceding sheets of this my Will the Seventeenth Day of October One Thousand Eight Hundred and Forty Nine Stephen Williams signed by the said testator as 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 subscribed our names as witnesses    Edward Knocker  Solicitor Dover

John Rudge  ?(Fudge) clerk to Mr Edward Knocker

 

Proved in London 21^st May 1852 before the judge by the oath of Henry Elgar the surviving executor to who administration was granted being first sworn by comon duly to a administer.