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Last Will & Testament
of
John Clayson
This is the last Will and Testament
of me John Clayson of the town and borough of Deal in the County of Kent a Commander in the Royal Navy whereby I give devise and bequeath all and every my ffreehold and household Estates and all and singular my Goods Chattels and Effects, debts due and owing to me , money, Securities for money, money in any of the public Stocks or ffunds of this or any other Kingdom and all other my Personal Estate whatsoever and wheresoever and of what kind or nature soever the same shall be or consist of at the time of my decease Unto my dear wife Elizabeth Clayson and my two ffriends Edward Boxer of Dover in the said County, a Captain in the Royal Navy and Edward Darby of Deal aforesaid, Gentleman, their heirs executors and administrators upon this special Trust and Confidence that they my said Trustees shall and do in the first place and out of my said Personal Estate pay, satisfy and discharge all my just debts, funeral and testamentary expenses and whereas it is my intention to give unto my daughter Sarah Ann Clayson the sum of five hundred pounds on her marriage, but in case my said Daughter shall be single and unmarried at my decease, then upon Trust that they my said Trustees shall as soon after my decease as conveniently can, to pay into the hands of the said Sarah Ann Clayson the sum of five hundred pounds out of my said Personal Estate to and for her own absolute use and benefit and upon further Trust that they my said Trustees and the survivors and survivor shall and will stand and be possessed of my said Real Estate and the residue of my said Personal Estate (after payment of the Legacies hereinafter mentioned to my Executors) upon Trust to permit and suffer my said wife Elizabeth Clayson to have use, occupy, receive, take and enjoy my present dwelling house, ffurniture and effects (if she shall think fit so to do) and the rents, issues, profits, interest, dividends and annual produce of all and other my said Trust Estates for and during the term of her natural life
But with power for my said Trustees to alter, change and vary the disposition of the said Trust Estates at any time during the life of my said wife as in their discretion shall seem beneficial and from and immediately after her decease upon further Trust to pay unto my faithful servant Elizabeth Abbott the sum of fifty pounds if she shall then be living
And as to the residue of my said Estates I do hereby declare my Will and my mind to be that they my said Trustees and the survivors and survivor of them and the executors administrators and assigns of such survivor do and shall as convenient after the decease of my said wife absolutely sell and dispose of all and every my said Trust Estates and Effects as shall not consist of money or securities for money, in such manner and form as they in their discretion shall think fit, to any person or persons whomsoever by Private Sale or Public Auction and at or for the most money and best price or prices that can or may be gotten for the same, and shall do and enter into, make and execute all such contracts, covenants, agreements, conveyances, assignments and assurances as they shall deem requisite for effectuating such sale or sales, and upon this further Trust that they my said Trustees and the survivors and survivor of them and their executors administrators and assigns shall stand and be possessed of and interested in all the money to arise or be produced from my said Trust Estates and Effects upon Trust, to pay assign and transfer the same and every part thereof as follows (that is to say)
One full equal undivided moiety or half part thereof (the whole into two equal parts to be divided) unto my daughter Amy Edwards Noakes the wife of William Noakes of Upper Deal, Gentleman, her Executors administrators and assigns to and for her and their absolute use and benefit,
And as to the other or remaining one full equal undivided moiety or half part thereof unto my said daughter Sarah Ann Clayson her Executors administrators and assigns to and for her and their absolute use and benefit.
And I hereby nominate constitute and appoint my said wife Elizabeth Clayson and the said Edward Boxer and Edward Darby Trustees and Executors of this my last Will and Testament and I do bequeath unto the said Edward Boxer and Edward Darby the sum of ten pounds apiece as an acknowledgement for the trouble they may have and about the execution of the aforesaid Trusts to be retained by them out of the moneys which may thereby come to their hands and I do hereby declare that the receipt or receipts of my said wife Elizabeth Clayson and the said Edward Boxer and Edward Darby and the survivors and survivor of them and their heirs executors administrators and assigns of such survivor, for any sum or sums of money payable to them him or her under or by virtue of this my Will, shall be a good and effectual discharge and discharges for the sum or sums of money therein respectively mentioned to be received
And that the person or persons paying the said sum or sums of money and taking such receipt or receipts for the same shall not be afterwards answerable or accountable for the misapplication or nonapplication or be in any wise bound or concerned to see to the application of the money therein mentioned and acknowledged to be received
And I declare that my said Trustees and Executors for the time being under this my Will shall be answerable for such monies only as they shall respectively actually receive and that one of them shall not be responsible for the acts of the other or others of them nor for involuntary losses and that it shall be lawful for them respectively by and out of the monies which shall come to their respective hands by virtue of this my Will to retain to and reimburse themselves respectively and to allow to their respective Co-Trustees or Co-Trustee for the time being all costs and expenses which they or either of them shall incur or be put unto in the execution of the Trusts hereinbefore contained or in relation thereto
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And Lastly I revoke all former and other Wills by me at any time heretofore made and do declare this only to be and contain my last Will and Testament In Witness whereof I the said John Clayson the Testator have to this my last Will and Testament contained in three sheets of paper set my hand to the first two sheets hereof and to this third and last sheet my hand and seal the eighth day of December in the year of our Lord one thousand eight hundred and thirty six ~ John Clayson ~
Signed sealed published and declared by the said John Clayson the Testator as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses
B.Hulk Sol’r, Deal J.C.Martin G.N.Adams his Clerks.
Whereas I John Clayson of the Borough of Deal in the County of Kent a Commander in the Royal Navy have made and duly executed my last Will and Testament in writing bearing date on or about the eighth day of December one thousand eight hundred and thirty six
Now I do hereby declare this present writing to be a Codicil to my said Will and I direct the same to be annexed thereto and taken as part thereof and whereas I have by my said Will nominated and appointed my friend Edward Boxer a Captain in the Royal Navy one of the Executors and Trustees in my said Will named
Now I do hereby revoke the said appointment by reason of the absence from this Kingdom of the said Edward Boxer and in his place and stead do nominate constitute and appoint my Son in Law , William Noakes of Deal aforesaid, Gentleman, one of the Trustees and Executors of my said Will
And I do hereby ratify and confirm my said Will in every respect except where the same is hereby revoked and altered as aforesaid In Witness whereof I the said John Clayson have hereunto set my hand this sixteenth day of March in the year of our Lord one thousand eight hundred and thirty eight ~ John Clayson ~
Signed by the above named John Clayson in the presence of us present at the same time who have hereunto signed our names as witnesses thereto in the presence of the said John Clayson and in the presence of each other.
Ann Mockett, servant to the Testator
B.Hulk Sol’r, Deal.
Proved at London with a Codicil 17th April 1838 before the Judge by the Oaths of Elizabeth Clayson widow the relict and Edward Darby the executors named in the Will and William Noakes named in the Codicil to whom administration was granted having been first sworn by Commission duly to administer.
The last Will and Testament of John Clayson (1768-1838) of Deal, Kent.