This is the last Will and Testament of me William Smith of Croydon in the County of Surry [sic] Baker
I give and bequeath unto Elizabeth my Wife and Charles Churcher of Keston in the County of Kent farmer All my Monies Goods Chattels and Personal Estate and Effects whatsoever to hold to them their Executors or Admors and Assigns but nevertheless upon the trusts hereinafter declared
that is to say upon Trust that they the said Elizabeth my Wife and Charles Churcher or the Survivor of them or the Executors or Admors of such Survivor do as soon after my decease as conveniently may be sell and dispose of collect and get in my said Personal Estate and Effects and do forthwith lay out and invest the net monies to be by them her or him received from such Sales or otherwise to arise or be received from or on account of the said trust estate and effects subject to the payment thereof of my just Debts and funeral and Testamentary Expenses in the public funds in the names or name of my said Trustees or Trustee for the time being
And I hereby declare and direct that my said Trustees or Trustee for the time being shall and do stand possessed of and interested in all and every the said funds or securities upon the following trusts that is to say upon Trust that they do pay and apply the Dividends or Annual Produce thereof and also such interest or profits of my said personal estate and effects as shall or may become payable in the mean time and until the produce thereof shall have been so laid out and invested as aforesaid unto the said Elizabeth my Wife during the term of her natural life for her own use
And I hereby further declare & direct that from and after the decease of my said Wife the said Trust funds shall be held in Trust for and for the benefit of all and every my Children or Child by my said Wife who shall live to attain the age of twenty one years or to be married to be divided between the said Children if more than one in equal shares & proportions and if there shall be but one such Child then the whole to be held in Trust for that one Child and the Dividends or Annual produce thereof to be after the decease of my said Wife paid and applied in the mean time for or towards the maintenance and education or benefit of the said Children or Child for the time being entitled or presumptively entitled thereto in equal shares if more than one in such way & manner as they my said Trustees or Trustee shall think proper
but if I shall not leave any Child who shall live to attain the age of twenty one years or to be married then I direct that they my said Trustees or Trustee for the time being shall and so subject and without prejudice to the trusts and directions hereinbefore declared and contained stand and be possessed of and interested in all & singular the above mentioned trust stocks and securities in trust for such person or persons and for such intents and purposes as my said Wife by her last Will and Testament or any Writing purporting or in the nature of her Will to be signed by her in the presence of and attested by two or more credible Witnesses shall notwithstanding she may be then under ?? direct or appoint of or concerning the same and in default of such direction or appointment then the same are to go to my next of kin according to the legal distribution of intestates effects
I nominate and appoint my said Wife and the said Charles Churcher Executrix and Executor of this my last Will and Testament
And I appoint my said Wife during her life and after her decease I appoint the said Charles Churcher to be the Guardian of my infant Child or Children
And I declare that my said Trustees and Executors or either of them their or either of their Executors or Admors shall not be answerable for each other but each for himself & herself and for his & her own ?? acts deeds and defaults only and that they shall not be answerable for my involuntary losses and that they may reimburse themselves all expenses incurred in the execution of this my Will or in any wise relating thereto
In Witness whereof I have hereunto set my hand and seal this fourth day of January One thousand eight hundred & seventeen - William Smith - SS
Signed sealed published and declared by the said Testator William Smith as and for this 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 thereof -
Thos. Twigg Clerk to Mr. Drummond Croydon -
Jno Kemp of Croydon
Proved at London 12th. June 1818 before the Worshipful Joseph Phillimore Doctor of Laws and Surrogate by the Oath of Elizabeth Smith Widow the Relict one of the Executors to whom Admon was granted having been first sworn duly to administer Power reserved to Charles Churcher the other Executor
Source: The National Archives; Prerogative Court of Canterbury and Related
Probate Jurisdictions: Will Registers; Class: PROB 11; Piece: 1605
Source: Ancestry.com. England & Wales, Prerogative Court of Canterbury Wills,
1384-1858