This is the last Will and Testament of me Charles Churcher of Hayes in the County of Kent Farmer
I give and bequeath to my Son George Churcher my Silver Tea pot and Coffee pot
I give and bequeath to my Son Frederick Churcher my Silver Tankard
I give and bequeath to my daughter Elizabeth the Wife of Thomas William Paddy the sum of nineteen guineas for her sole and separate use and not to be subject to the debts control or engagements of her present or any future husband and so that the receipt of the said Elizabeth Paddy shall be a sufficient discharge for the same
I give and devise all my estate and interest in the the freehold messuage or dwellinghouse garden and premises situate in George Street in the parish of Croydon in the County of Surrey now in the occupation of [BLANK] Ferrer And also of and in the copyhold messuage land and premises on Croydon Common in the said Parish of Croydon unto and to the use of my said Sons George Churcher and Frederick Churcher their heirs and assigns as tenants in common and not as joint tenants
I give and devise all that my freehold messuage and premises situate at Bromley Common in the County of Kent and known by the sign of "The Doves" now in the occupation of James Gray And also all that piece or parcel of freehold land at the back of the Garden belonging to the just mentioned messuage containing half an acre or thereabouts and late in the occupation of [BLANK] Green unto and to the use of my said Son George Churcher and his assigns during his life And from and after his decease To the use of the Widow of the said George Churcher and her assigns during her life with remainder To the use of the lawful issue of the said George Churcher in ?? if more than one child as Tenants in common And in default of such issue To the use of the right heirs of the said George Churcher
I give and devise all those two freehold houses on Bromley Common aforesaid adjoining the said last mentioned messuage or Inn one of which is now in the occupation of the said Frederick Churcher and the other adjoining And also the piece or parcel of land in the rear thereof containing one acre or thereabouts to the use of my said Son Frederick Churcher and his assigns during his life And from and after his deceased To the use of the widow of the said Frederick Churcher and her assigns during her life with remainder To the use of the lawful issue of the said Frederick Churcher in ?? if more than one child as Tenants in Common And in default of such issue To the use of the right heirs of the said Frederick Churcher
I give and bequeath all my leasehold estate and estates money securities for money farming stock implements of husbandry goods chattels rights credits and other personal estate whatsoever and wheresoever of or to which I am now at the time of my death shall or may be possessed or entitled either at law or in equity of which I now have power to dispose by this my Will (except such as I otherwise bequeath or dispose of by this my Will or any Codicil hereto) unto my Son George Churcher and William Churcher of Wickham in the said County of Kent Farmer their executors administrators and assigns upon trust that they the said George Churcher and William Churcher and the survivor of them and the executors or administrators of such survivors do and shall as soon as conveniently may be after my death call in debt dispose of and convert into money all ??? and ?? and such part and parts of the said leasehold estate and estates money securities for money farming stock implements of husbandry goods chattels rights credits and other personal estate as shall not consist of ready money And do and shall stand and be possessed of and interested in the money to arise from such calling in sale disposition and conversion into money and of and in the ??? ?? of or in which I shall be possessed or entitled at the time of my decease upon and for the trusts intents and purposes and with under and subject to the powers provisoes and declarations hereinafter declared expressed and contained of and containing the same (that is to say) Upon trust that they the said George Churcher and William Churcher and the survivor of them and the executors and administrators respectively of such survivor do and shall by and out of the monies which shall come to their or his hands by virtue of this my will pay and discharge my funeral and testamentary expenses and debts and the costs and expenses to be incurred in or about the Sale or Sales calling in disposition or conversion into money as aforesaid or otherwise in or about the execution of the trusts of this my Will and the legacies bequeathed by this my Will or any Codicil thereto
And do and shall pay a moiety of the surplus or residue of such monies unto the said George Churcher for his own absolute use and benefit
And do and shall lay out and invest the remaining moiety of the said monies in the names or name of them the said George Churcher and William Churcher or the Survivor of them or the executors or administrators of such survivor in the Parliamentary stocks or public funds of Great Britain or otherwise at interest on government or real securities
And I declare my Will to be that the said George Churcher and William Churcher the survivors and and survivor of them and the executors and administrators of such survivor do and shall from time to time (if and when they or he shall think fit so to do) after vary and transpose the said stocks funds and securities into or for other stocks funds or securities of the same or a like nature at their or his discretion
And do and shall pay the interest dividends and annual proceeds of the said trust monies stocks funds or securities to the said Frederick Churcher during his life And from and after his decease do and shall pay the same to his Widow during her life or during such part thereof as she shall remain his Widow unmarried And from and after her death or marriage which shall first happen do and shall stand possessed of and interested in the said moiety of the said trust monies and the interest dividends and annual proceeds thereof In trust for all and every the child or children of the said Frederick Churcher living at the death or marriage of his said Widow and was 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 out in equal shares and if there shall be but one such child the whole to be in trust for that one child
And I do hereby declare that the receipt and receipts in writing of the said George Churcher and William Churcher and the survivor of them his executors or administrators or of the trustee or trustees for the time being of this my Will for any sum or sums of money which may become payable under or by virtue of this my Will shall be a good and effectual discharge or discharges for the money therein acknowledged to be received and shall discharge the person or persons taking such receipt or receipts his her or their heirs executors or administrators from seaing? to the application or being answerable for the misapplication or non application of the same Provided always
And I do hereby declare my Will to be that if the said Trustees herein before named or either of them or any trustee or trustees to be appointed as hereinafter mentioned shall die or go abroad or be desirous of being discharged from or refuse or decline or become incapable to [carry] out in the aforesaid trusts before the same shall be fully executed then and so often as the same shall happen it shall be lawful for the surviving or remaining trustee for the time being and for this purpose any trustee retiring from the aforesaid trusts shall if willing to act in exercise of the present power be considered a continuing trustee or for the executors or administrators of the last surviving or continuing trustee for the time being from time to time to appoint any other person to be a trustee in the stead of the trustee so dying or being abroad or desirous to be discharged or refusing or becoming incapable to act as aforesaid and every such new trustee shall have the same powers as if he had been originally named in this my Will Provided also the the trustees or trustee for the time being of this my Will shall not be answerable the one for the other of them and by no means for involuntary losses and also that it shall be lawful for the said trustees or trustee for the time being to reimburse themselves or himself out of the moneys which shall come to their or his hands by virtue of the trusts aforesaid all the costs and expenses they or he shall or may incur in or about the execution of the aforesaid trusts or in relation thereto
And I hereby nominate and constitute and appoint the said George Churcher and William Churcher the Executors of this my Will
and revoking all other Wills by me at any time heretofore made do declare this only to be my last Will and Testament
In witness whereof I the said Charles Churcher the Testator have to this my last Will and Testament contained in this and the three preceding sheets of paper set my hand this ninth day of May one thousand eight hundred and forty eight - Charles Churcher
Signed declared and acknowledged by the said Charles Churcher the Testator as his last Will and Testament in the presence of us present at the same time and who in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses attesting the same - Mary Fry, Hayes Kent - William Kimpton Hayes Kent
Source: PRO PROB 11: Will Registers 1848-1849 Piece 2104: Vol 19, Quire Numbers 901-950 (1849)
Source: Ancestry.com England & Wales, Prerogative Court of Canterbury Wills, 1384-1858