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Last Will & Testament of
Ann Elgar Clayson
I Ann Clayson of the Town and Borough of Deal in the County of Kent, widow, do hereby revoke all Wills, Codicils and other Testamentary dispositions made by me at any time or times heretofore and publish and declare this to be my last Will and Testament
I give and bequeath all my clothing or apparel unto my sister Elizabeth Ruck the wife of John Ruck of the Parish of Walmer in the said County of Kent , labourer,
Also I give and bequeath unto my said sister Elizabeth Ruck for and during the term of her natural life one annuity of twenty pounds of lawful money of Great Britain to be paid to her by two equal half yearly payments in each year without making any deduction from the same except for property tax and the first half yearly payment thereof to be made at the expiration of six calendar months next after my decease
And I give devise and bequeath unto my Son in Law Thomas Longley Mourilyan of Deal aforesaid, Gentleman, his heirs executors administrators and assigns all and singular my Real and Personal Estates whatsoever and wheresoever, except my clothing apparel
Of, in or to which I or any person or persons In Trust for me am, is or are at the time of my decease shall be seized, possessed, interested or entitled for any Estate term or Interest whatsoever and also all such real and personal Estates as I am enabled to dispose of by virtue of any special power, with their appurtenances to have and to hold the said real and personal Estate and Effects unto the said Thomas Longley Mourilyan his heirs Executors administrators and assigns according to the nature and quality of the same respectively upon and for the trusts interest and purposes hereinafter expressed and contained of and concerning the same, that is to say upon trust, that he the said Thomas Longley Mourilyan his heirs Executors administrators and assigns do and shall with all convenient speed after my decease call in and convert into money my said personal Estate or such part thereof as shall not consist of money and absolutely sell and dispose of my said real Estate by public auction or private contract to any person or persons willing to become the purchasor or purchasors thereof for such price or prices or sum or sums of money in such manner and form as to the said Thomas Longley Mourilyan his heirs or assigns shall seem reasonable and with power to purchase in the same or any part thereof at any such public auction without liability for the loss if any which shall or may be sustained thereby and do and shall stand and be possessed of and interested in all the monies to arise from the said Sale or Sales and to be produced from that part of my said personal Estate which I have directed to be converted into money and of and in the money of or to which I shall be possessed or entitled at the time of my decease upon trust that the said Thomas Longley Mourilyan his Executors or administrators do and shall by, with and out of the same pay my debts and ffuneral and testamentary expenses and do and shall lay out and invest in his or their name or names the surplus or residue thereof in the purchase of a share or shares of the parliamentary Stocks or public ffunds of Great Britain or at Interest upon Government or real Securities in England and do and shall from time to time at his or their discretion alter and vary the said Stocks, ffunds and Securities for, into and upon other Stocks, ffunds and Securities of a like nature
My Will is and I do hereby declare that the said Thomas Longley Mourilyan his Executors administrators and assigns do and shall stand and be possessed of and interested in the said trust monies, Stocks, ffunds and Securities and the Interest, dividends and annual produce thereof subject in the first part to the payment of the said annuity of twenty pounds to her my said sister Elizabeth Ruck for the time of her natural life as aforesaid and subject in trust for such person and persons and in such manner and forming all respects as hereafter mentioned expressed and declared of and concerning the same that is to say
I give and bequeath the Interest, dividends and annual produce of the said trust monies, Stocks, ffunds and Securities unto him the said Thomas Longley Mourilyan and his assigns for and during the term of his natural life and from and after the decease of the said Thomas Longley Mourilyan
Then I give and bequeath all the said trust monies, Stocks, ffunds and Securities and the Interest, dividends and annual produce thereof unto all and every the children and child of the said Thomas Longley Mourilyan lawfully begotten who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry, their respective Executors administrators and assigns equally to be divided between or among them if more than one and their respective Executors administrators and assigns and if there shall be but one such child then I give and bequeath the whole to that one child his or her Executors administrators and assigns and if there shall be no such child then I give and bequeath all and singular the said trust monies, Stocks, ffunds and Securities and the dividends, Interest and annual produce thereof unto my six nephews and nieces following that is to say
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Ann Arnold of Deal aforesaid, Edward John Ruck of Deal aforesaid, Mariner, and William Ruck of the Parish of Walmer aforesaid, Mariner, the three children of my said sister Elizabeth Ruck And Sarah the wife of Philip ffinnis of Deal aforesaid, Sail maker, Mary Ann Elgar of Deal aforesaid, Spinster, and John Elgar of Deal aforesaid, Rope maker, the three children of my late brother John Elgar deceased, equally to be divided between them my six nephews and nieces Ann Arnold, John Ruck, William Ruck, Sarah ffinnis, Mary Ann Elgar and John Elgar share and share alike and to their several and respective Executors administrators and assigns provided always and I do hereby declare my Will and mind to be that if it shall happen that the said Thomas Longley Mourilyan shall leave any child or children who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry, then and in such case I give and bequeath unto my six nephews and nieces Ann Arnold, John Ruck, William Ruck, Sarah ffinnis, Mary Ann Elgar and John Elgar the sum of fifty pounds apiece in lawful money Great Britain to be paid to them respectively from and out of the said trust monies, Stocks, ffunds and Securities within three calendar months next after the decease of him the said Thomas Longley Mourilyan
And I do hereby nominate and appoint the said Thomas Longley Mourilyan sole Executor of this my last Will and Testament and I do hereby declare that the Receipts in writing of the said Thomas Longley Mourilyan his heirs Executors administrators or assigns for any sum or sums of money payable to him or them under and by virtue of this my Will shall be good and effectual acquittances and discharges for the money therein respectively acknowledged to be received and shall to all intents and purposes discharge the persons respectively taking such receipts his her or their heirs Executors or administrators from seeing to the application or being accountable for the misapplication or nonapplication of the same or any part thereof
And I do hereby authorize and empower my said Executor to pay any debts owing by me or claimed from me upon any evidence he shall think proper and to accept any real or personal Security for any debt or debts owing by me and also to allow such time for the payment thereof as to him shall seem reasonable
And I do hereby further declare my Will and mind to be that my said trustee and Executor his heirs Executors administrators and assigns and every of them shall be charged and chargeable only for such monies as he or they shall actually receive by virtue of the trusts of this my Will and that he or they shall not be answerable or accountable for involuntary losses and also that it shall and may be lawful to and for him and them by and out of the monies which shall come to his and their hands by virtue of the trusts aforesaid to retain and reimburse himself and themselves respectively all such costs charges damages and expenses which he or they or any of them shall or may suffer sustain expend disburse be at or be put into in or about the execution of the aforesaid trusts or in relation thereunto
In witness whereof I the said Ann Clayson the Testatrix have to this my last Will and Testament contained in four sheets of paper annexed together to the first three sheets thereof set my hand and to this fourth and last sheet thereof my hand and seal the fifteenth day of December in the year of our Lord one thousand eight hundred and thirteen ~ Ann Clayson ~
Signed sealed published and delivered by the said Ann Clayson the Testatrix as and for her last Will and Testament in the presence of us who have hereunto subscribed our names as witnesses thereto in her presence at her request and in the presence of each other
John Mercer, Sol’r, Deal
G.Holbrook, J.W.Shrewsbury, his clerks.
Proved at London 24th April 1822 before the Judge by the oath of Thomas Longley Mourilyan the sole Executor to whom administration was granted having been first sworn by Commission duly to administer.