This is the last Will and Testament of me Charles Smith of Croydon in the county of Surrey Ironmonger
I give and bequeath unto my dear wife Lydia my household goods and furniture plate linen and china for her own use
I give devise and bequeath unto my said wife Lydia and my friend William Godson of Croydon aforesaid Gentleman all and singular my Estates Property and Effects of every description except the said furniture plate linen and china and my freehold house in Church Street Croydon whether the same or any part thereof consists or shall consist of freehold copyhold leasehold stock in trade or money in the public stocks or funds of Great Britain money out upon mortgage at interest or otherwise book and other debts from any person or persons to use at the time of my decease and all and singular other the property and effects whatsoever and wheresoever of which I may be possessed or be entitled unto at the time of my decease or over which I may have any disposing power To hold the same unto them my said wife and William Godson their heirs executors administrators and assigns according to the natures and qualities thereof respectively upon trust with all convenient speed after my decease to sell and dispose of my stock in trade and business and all such part and parts of my personal estate as shall not consist of money either by private contract or public auction either together or in lots or parcels at such times and in such way and manner as to them my said wife and William Godson or the survivor of them his or her executors administrators or assigns shall deem expedient and to at the time of my decease and at the direction of my said wife and the said William Godson or the survivor of them her or his executors administrators or assigns to allow all or any part or parts of my said estate and effects as shall consist of money in the stocks or funds of Great Britain or out upon mortgage or other security to remain invested in the same securities with full power to call in vary or transfer the same stocks funds and securities as they my said trustees or the survivor of them her or his executors administrators or assigns shall think proper and the release or releases receipt or receipts of them my said wife and William Godson or the survivor of them her or his executors administrators or assigns shall be a sufficient release and discharge releases and discharges for all such sum and sums of money or in such release or releases receipt or receipts shall be expressed or acknowledged to be received and upon further trust that they my said wife and William Godson and the survivor of them her or his executors administrators or assigns shall stand possessed of and interested in the moneys and effects which shall come to their or his hands by virtue of this my will upon trust in the first place to pay satisfy and discharge or to pay to my brother Samuel Smith the sum of one hundred pounds which I give to him free of legacy duty and to be paid to him within six months after my decease then to pay to my said friend William Godson the sum of fifty pounds which I also give to him free of legacy duty and from and after full payment and satisfaction thereof respectively upon trust to lay out and invest all the rest residue and remainder thereof in government or freehold security at interest in the names of them my said trustees or the survivor of them his executors administrators or assigns with power to vary and change the security or securities as to them her or him may seem most advantageous and to pay the interest dividends and proceeds thereof when and as the same shall exist and become due unto my said wife for and during the term of her natural life if she should so long continue my widow for and towards the support of herself and my son George William Smith
I give and devise unto my said wife and the said William Godson all and singular my freehold copyhold and leasehold messuages cottages lands hereditaments and premises with their rights easements and appurtenances whatsoever and wheresoever of or to which I am now or at the time of my death shall be seized or entitled either at law or in equity except my house in Church Street [in the Parish of Croydon aforesaid hereinafter mentioned and devised the same and every part thereof unto my said wife & the said William Godson] and the survivor of them her or his heirs executors administrators and assigns according to the respective estates titles and qualities thereof upon the trusts and to to and for the powers provisoes and declarations hereinafter expressed and contained of and containing the same that is to say upon trust that they my said wife and the said William Godson or the survivor of them her or his executors administrators or assigns do and shall for and during the life and widowhood of my said wife and minority of my son George William devise and let the same and every part thereof either from year to year or upon lease for any number of years so that such devise or lease thereof or any part thereof shall not be made or granted to continue beyond the time when my said son shall attain his age of twenty one years or if living would have attained that age and upon further trust that they my said wife and the said William Godson or the survivor of them her or his executors administrators or assigns do and shall by and out of the rents and profits thereof maintain and keep all the said hereditaments and premises in good order and repair and in the next place out of the said rents and profits duly pay satisfy and perform the several rents heriots? covenants and stipulations mentioned and contained in the lease or leases copy or copies of Court Roll under which such leasehold or copyhold premises are or may be held on the part of the tenant to be paid and performed during the widowhood of my said wife and minority of my said son then upon trust to pay all the rest and residue of the said rents and profits unto my said wife for and during her life of she shall so long continue my widow for and towards the support of herself and the support breeding up and education of my said son but in case my said wife shall marry again then to pay the said residue of the said rents and profits to and for the support breeding up and or education of my said son during his minority or so much thereof as my said trustees for the time being shall think sufficient and proper for that purpose and shall and will invest the surplus if any for the beneficial advantage of my said son and from and after the decease or marriage of my said wife then upon trust that my said trustees or the survivor of them her or his executors administrators or assigns shall stand and be possessed of and interested in all and singular my freehold copyhold and leasehold messuages lands and premises monies and securities for money and all other my estate and effect except as hereinafter mentioned To and for the use of my said son George William his heirs executors administrators and assigns according to the natures and qualities thereof respectively
and it is my will and I do hereby declare and direct that in case my said wife shall marry again thenceforth and immediately thereafter the life estate and interest of and in all and every my estate and effects herein before devised and bequeathed to her shall absolutely cease and determine and in lieu and stead thereof I do hereby give and bequeath to her the sum of one thousand pounds to and for her own sole and separate use and not to be subject to the debts control or engagements of any husband with whom she may hereafter marry and which I advise her to have settled upon herself for and during her life
I give and devise all that my freehold house and premises situate in Church Street in Croydon aforesaid now in the occupation of John Adams unto my servant Eliza Wilks for and during her life subject to her keeping the same in repair and insuring it from loss or damage or fire and from and after her decease I give and devise the same unto and to the use of my said son his heirs and assigns for ever provided always
and I do hereby declare that if my said wife or the said William Godson shall happen to die or be desirous of being discharged from or refuse or be incapable of acting in the trusts hereby in them reposed then and in such case it shall be lawful to and for the surviving or remaining executor or executrix by any deed or instrument in writing to be by them him or her sealed and delivered in the presence of and to be attested by two credible witnesses from time to time to nominate and appoint any person or persons to be a trustee or trustees in the stead of the trustee or trustees so dying or desiring to be discharged or refusing or becoming incapable of acting as aforesaid and when and so often as any new trustee or trustees shall be appointed the said trust moneys and estate shall be thereupon conveyed and assigned in such way and manner so that the same shall be legally and effectually vested in the proviso or provisoes so to be appointed as aforesaid jointly with the surviving or continuing trustee as occasion shall require to the uses and upon and for the trusts intents and purposes hereinbefore expressed and declared of and concerning the said trust estate moneys and premises or such of them as shall be then subsisting undetermined and capable of taking effect and the person or persons so appointed as aforesaid shall have all the powers and authorities of the trustee or trustees in whose room he or they shall be substituted provided always and I further declare that the trustees hereby appointed and to be hereafter appointed as aforesaid and each of them their and each of their executors and administrators shall be charged and chargeable respectively for such moneys only as they shall actually receive by virtue of the trusts hereby in them reposed and any one of them shall not be answerable for the other or others of them but each for his own acts and deeds respectively and also that it shall and may be lawful for them with and out of the monies which shall come to their respective hands by virtue of this my will to retain to remiburse themselves and himself all costs and expenses which they or either of them shall or may sustain expend or be put unto in or about the execution of the trusts of this my will
and lastly I do hereby nominate and appoint them my said wife and the said William Godson Executrix and Executor of this my will and guardians of my said son and revoking all former wills by me at any time made do declare this to be my last will and testament
In witness whereof I the said Charles Smith have to this my last will and testament contained in six sheets of paper to this and the five foregoing sheets thereof subscribed my name this fifth day of November one thousand eight hundred and forty five - Charles Smith -
Signed and declared by the said Charles Smith the testator as and for his last will and testament in the presence of us who at his request and his presence and in the presence of each other have at the same time hereunto subscribed our names as witnesses hereto - H Richards Solr. Croydon - C J Richards his Clerk.
Proved at London 16th. Jany. 1846 before the worshipful Joseph Phillimore Doctor of Laws and Surrogate by the oaths of Lydia Smith widow the relict and William Godson the executors to whom admon was granted having been first sworn duly to administer.
Source: PROB 11: Will Registers 1845-1847 Piece 2030: Vol. 2, Quire Numbers 51-100 (1846)
Source: Ancestry.com England & Wales, Prerogative Court of Canterbury Wills, 1384-1858