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Last Will & Testament
of Mark Clayson
This is the last Will and Testament
Of me Mark Clayson of Deal in the County of Kent, Gentleman, first, I direct that all my just debts, funeral and testamentary expenses shall be paid as soon as conveniently may be after my decease
I bequeath my household furniture, plate, linen, china, books, pictures and prints of which I shall die possessed to my dear sister Sarah Clayson
Also hereby, I bequeath to Richard Norwood Heddy of Deal aforesaid, Pilot, one of the Executors hereinafter named the sum of ten pounds as acknowledgement for the trouble he may have in executing the trusts of this my Will
I give to my said sister Sarah Clayson and the said Richard Norwood Heddy their executors administrators all my ready money, securities for money, government stocks and funds, goods, chattels, credits and Personal Estate and Effects
whatsoever and wheresoever and also the personal estate over which I have a disposing power ( except such parts thereof as I have hereinbefore sacrificially given and disposed of upon the trusts following ) that is to say upon trust that they the said Sarah Clayson and Richard Norwood Heddy or the survivor of them or the executors or administrators of such survivor or other the trustees or trustee for the time being of this my Will do and shall pay or permit my dear father John Clayson to receive the interest, dividends and annual produce of all my said residuary personal estate for and during the term of his natural life and from and immediately after his decease upon trust that they my said trustees or trustee for the time being do and shall pay to my sister Sarah Clayson the sum of one hundred pounds for her absolute use
And as to the residue of my said personal estate and the stocks, funds and securities in or upon which the same shall be invested
I direct that my said trustees or trustee for the time being do and shall divide the same into three equal parts and stand possessed of and interested in the same —- and for the trusts and purpose of —– , that is to say
As to one equal third part thereof upon trust to pay the same unto my sister Harriet Parker for her own absolute use free from the consent, debts or engagements of her present husband
But in case the said Harriet Parker shall die in the lifetime of my said father and her husband shall be living at her decease then I direct that such share shall be to him for his own absolute use
And in case the said Harriet Parker and her husband shall die in the lifetime of my said father then I direct that such share shall be equally divided between all and every the child or children of my said sister Harriet Parker 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, if more than one in equal shares as tenants in common for the absolute use and benefit of such child or children respectively
And as to another of the said third parts thereof upon trust to pay the same to my nephew Mark Clayson Pain for his own absolute use and benefit
And as to the remaining one third part or share of and in my said residuary estate and the stocks, funds and securities in or upon which the same may be invested upon trust for my said sister Sarah Clayson for her own absolute use and benefit
And I give devise and bequeath unto the said Sarah Clayson and Richard Norwood Heddy their heirs executors administrators and assigns All the estate which at the time of my decease shall be vested in me upon any trusts or by way of mortgage of which I have power to dispose by this my Will with their appurtenances to hold the said estate unto the said Sarah Clayson and Richard Norwood Heddy their heirs executors administrators and assigns according to the nature and quality thereof respectively upon the several trusts and subject to the equity of redemption which at the time of my decease shall be subsisting or capable of taking effect therein
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But the money secured by or upon such mortgage shall be considered and taken as part of my personal estate
And I do hereby nominate and appoint my said sister Sarah Clayson and Richard Norwood Heddy Executrix and Executor of this my last Will and Testament
And I do hereby declare that the receipts in writing of my said trustees for the time being for such monies, stocks, funds and securities shall be paid or transferred to them by virtue of my said Will shall effectually discharge the persons paying or transferring the same from liability to see the application thereof
And I do declare that my said trustees shall be answerable for their own respective acts, deeds and defaults only and shall be at liberty to retain and to allow to each other out of the monies coming to their hands by virtue of my said Will all expenses incurred in the execution of the trusts thereof
And I declare that on the death, refusal or incapacity to act of the said trustees or either of them or of the trustees or trustee to be appointed under this clause or if the said trustees any or either of them shall wish to have any other person or persons joined with them her or him with execution of the trusts of this my Will then it shall be lawful for the surviving or continuing trustee or trustees or the executors or administrators of the last acting trustee to appoint one or more fit person or persons to be a trustee or trustees in place of the deceased, refusing or incapacitated trustee or trustees, or to act in conjunction with the trustee or trustees for the time being of this my Will
And that upon every such appointment all the trust estate and promises shall be assigned and transferred so that the same may be legally vested in such new trustee or trustees jointly with the surviving or continuing trustee or trustees or solely as the case may require
And that any such new trustee or trustees when so appointed may act in the execution of this my Will solely or jointly with the surviving or continuing trustee or trustees as aforesaid as fully as if his her or their names or names had been mentioned in this my Will
In witness whereof I have to this my last Will and Testament in three sheets of paper contained set my hand this eighteenth day of November in the Year of our Lord one thousand eight hundred and fifty ~ Mark Clayson ~
Signed by the said Testator in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses
Abraham Hillsdon
Henry Cavell
Proved at London 11th March 1852 before the Judge by the Oath of Sarah Clayson Spinster the sister the surviving Executor to whom administration was granted having been first sworn duly to administer by Commission.
(The Will of Mark Clayson, son of John Clayson and Mary Hilliard)