This is the last will and testament of me Mary Smith of Croydon in the County of Surrey widow

I devise and appoint my copyhold messuage or tenement with the buildings and appurts thereto belonging situate in Addiscombe Lane in the parish of Croydon aforesaid and now in the occupation of Mr. Haddon to my Son in law William Inkpen and John Drummond of Croydon aforesaid Gentlemen and their heirs in trust during the life of my son Charles Smith to receive the rents and profits of the said premises and pay the same to the said Charles Smith during his life subject nevertheless to the proviso hereinafter contained and from and after the decease of the said Charles Smith In trust that they the said William Inkpen and John Drummond or the Survivor of them or the heirs of such Survivor do as soon as conveniently may be sell the said premises and invest the money arising from such sale in the names or name of them the said William Inkpen and John Drummond or the Survivor of them or the Exors or admors of such Survivor in or upon public stocks or funds or other Government Securities or any real securities and I hereby declare that the said trustees or trustee for the time being shall stand possessed of the said stocks funds and securities In trust for such child or children of the said Charles Smith as shall attain the age of twenty one years equally to be divided between them if more than one and if there shall be no such child then in trust for such of my children as shall be then living and also for such of the issue living at the decease of the said Charles Smith of any child or children of mine then dead as shall attain the said age (except the issue of my late Sons Thomas Smith and George Smith ) all such children of mine and their issue objects of this present trust to take as tenants in common but so that the issue of a deceased child or deceased children shall be entitled through all the degrees to the share or respective shares only which his her or their parent or respective parents would have been entitled to if living and I do hereby declare that if at the time of the decease of the said Charles Smith any of his children or any of the issue of any deceased child or children of mine as the case may be who shall be then entitled presumptively or contingently to any share or shares shall not then have attained the age of twenty one years it shall be lawful for the trustees or trustee of this my will for the time being to apply all or any part of the income of such presumptive or contigent share or shares for the maintenance and education or otherwise for the benefit of such child or children during his her or their minority or respective minorities as to such trustees or trustee shall deem proper and if the whole of such Income shall not be so applied then I direct that the unapplied Income shall be improved at interest and go in augmentation of the share or respective shares from which the same shall have arisen but so nevertheless that my said trustees or trustee shall not be precluded from applying such invested unapplied Income and the proceeds thereof for the benefit of such child or children at any subsequent period of his her or their minority or respective minorities.

I devise and appoint my freehold messuage or tenement in George Street in Croydon now in the occupation of Miss Pascall and my copyhold messuage or tenement situate near Croydon Common and now in the occupation of Mrs. Payne and the adjoining half of the Garden which lies at the back of the said Copyhold messuage or tenement and of my adjoining messuage or tenement occupied by Mrs. Lancely to be equally divided by a line running from the end next the said house to the opposite end to the said William Inkpen and John Drummond and their heirs in trust during the life of my daughter Mary Ann the wife of James Bain to receive the rents and profits of the said last mentioned freehold and copyhold messuages or tenements and premises and pay the same to the said Mary Ann Bain during her life for her separate use free from the control and debts of any husband and so that she shall have no power to alien or anticipate the said Income and from and after the decease of the said Mary Ann Bain In trust that they the said William Inkpen and John Drummond or the survivor of them or the heirs of such survivor do as soon as conveniently may be sell the said premises and invest the money arising from such sale in the names or the name of them the said William Inkpen and John Drummond or the Survivor of them or the Executors or admors of such Survivor in or upon public stocks or funds or other Government Securities or any real securities and I hereby declare that the said trustees or trustee for the time being shall stand possessed of the said stocks funds or securities in trust for such children of the said Mary Ann Bain attaining the age of twenty one years and in default of such children then for my children living at her decease and the issue of any of my children then dead attaining the said age (except the issue of my late sons Thomas Smith and George Smith ) upon and for trusts and purposes and with powers and authorities similar to and in all respects corresponding with the trusts purposes powers and authorities hereinbefore expressed and declared to take effect after the decease of my Son Charles Smith with respect to the monies to be produced by sale of the premises devised in trust for his benefit during his life

I devise my freehold messuage or tenement with the appurtenances situate in the High Street of the Town of Croydon and now in the occupation of John Keates to the said William Inkpen and John Drummond and their heirs in trust during the life of my daughter Maria the wife of the said William Inkpen to receive the rents and premises of the said messuage or tenement and pay the same to the said Maria Inkpen during her life for her separate use free from the control and debts of any husband and so that she shall have no power to alien or anticipate the said Income and from and after the decease of the said Maria Inkpen in trust that they the said William Inkpen and John Drummond or the survivor of them or the heirs of such survivor do as soon as conveniently may be sell the said premises and invest the money arising from such sale in the names or name of them the said William Inkpen and John Drummond or the Survivor of them or the Executors or admors of such Survivor in or upon the public stocks or funds or other Government Securities or any real securities and I hereby declare that the said trustees or trustee for the time being shall stand possessed of the said stocks funds or securities in trust for such children of the said Maria Inkpen attaining the age of twenty one years and in default of such children then for my children living at her decease and the issue of any of my children then dead attaining the said age except the issue of my late sons Thomas Smith and George Smith upon and for trusts and purposes and with powers and authorities similar to and in all respects corresponding with the trusts purposes powers and authorities hereinbefore expressed and declared to take effect after the decease of my Son Charles Smith with respect to the monies to be produced by sale of the premises devised in trust for his benefit during his life

I devise and appoint my freehold messuage or tenement buildings and premise situate in George Street in Croydon and now in the occupation of Mr. Litoff and my above mentioned copyhold messuage or tenement situate near Croydon Common aforesaid and now in the occupation of Mrs. Lancely with the adjoining half of the garden on its equal partition as hereinbefore is mentioned to the said William Inkpen and John Drummond and their heirs in trust during the life of my daughter Elizabeth the wife of Charles Churcher to receive the rents and profits of the said last mentioned freehold and copyhold messuages or tenements and premises and pay the same to the said Elizabeth Churcher during her life for her separate use free from the control and debts of any husband and so that she shall have no power to alien or anticipate the said Income and from and after the decease of the said Elizabeth Churcher in trust that they the said William Inkpen and John Drummond or the survivor of them or the heirs of such survivor do as soon as conveniently may be sell the said premises and invest the money arising from such sale in the names or the name of them the said William Inkpen and John Drummond or the Survivor of them or the Executors or admors of such Survivor in or upon the public stocks or funds or other Government Securities or any real securities and I hereby declare that the said trustees or trustee for the time being shall stand possessed of the said stocks funds and securities in trust for such children of the said Elizabeth Churcher attaining the age of twenty one years and in default of such children then for my children living at her deceased and the issue of any of my children then dead attaining the said age (except the issue of my late sons Thomas Smith and George Smith ) upon and for the trusts and purposes and with powers and authorities similar to and in all respects corresponding with the trusts purposes powers and authorities hereinbefore expressed and declared to take effect after the decease of my Son Charles Smith with respect to the monies to be produced by sale of the premises devised in trust for his benefit during his life

I direct my executors as soon as conveniently may be after my decease to sell my Copyhold estate situate in the parish of Leigh in the County of Surrey and I declare that the monies arising from such sale shall be deemed part of my residuary personal Estate hereinafter bequeathed

I devise to the said William Inkpen and John Drummond their heirs and assigns all Estates vested in me in fee as trustee or mortgagee To hold the same unto and to the use of them the said William Inkpen and John Drummond their heirs and assigns upon and subject to the several trusts and equities affecting the same hereditaments

I declare that the receipts of my said Executors and trustees or trustee for the time being for all purchase monies payable to them under the directions and trusts of this my will shall absolutely exonerate the purchasers for all liability respecting the application thereof

I declare that until such sale the rents and profits of my Estates shall be paid to the person or persons who under the trusts hereinbefore declared would be entitled to the Income of the monies arising therefrom I declare that until such sale my executors may devise any part or parts of my Estate for any term not exceeding twenty one years in possession at Rack rents

I bequeath to my Son Charles Smith my Interest in the messuage or tenement and shop in the High Street Croydon now in the Occupation of myself and him with the wharehouse and hen house adjoining and the messuage or tenement in the High Street now in the occupation of William Ward and an undivided moiety of the garden situate behind the said premises and a right of way over the said yard to the said garden which messuage or tenements shop wharehouse hen house yard and Garden are part of certain premises which I hold under a lease at a yearly rent (for the whole) of one hundred and five pounds and I bequeath to my Son Samuel Smith my Interest in all the rest of the premises comprised in the said lease my Son Charles is to be subject to the payment of forty five pounds part of the said rent of one hundred and five pounds and my Son Samuel to the payment of sixty pounds the remainder thereof and they are each to be subject to the Convenants of the lease so far as those convenants affect the premises bequeathed to them respectively

I give to my Son Charles one fifth part in value of the plate linen china household goods and furniture which shall be in my dwellinghouse at the time of my decease the whole shall be valued by an appraiser to be chosen by my Executors and my Son Charles may then select articles amounting in value according to the appraisers valuation of them to one fifth of the valuation of the whole

I also give to my Son Charles Smith the sum of one hundred pounds owing to me as Executrix and residuary legatee of my late husband from the trust of the Croydon and Reigate Turnpike Road by virtue of an assignment of the Tolls of the said Road bearing the date the twenty second day of February one thousand eight hundred and eight and all interest to acccrue thereon from the day of my decease

I give to my Son Samuel Smith the sum of one hundred and fifty pounds sterling and I also give him the sum of forty pounds owing to me as Executrix and Residuary legatee as aforesaid from the same Turnpike trust by virtue of such assignment of Tolls bearing date the seventeenth day of June one thousand eight hundred and sixteeen and all Interest to accrue thereon from the day of my decease

and I also release my said Son Samuel from all debts he may owe me at the time of my decease

I give to the said William Inkpen and John Drummond upon the trusts hereinafter mentioned the sum of one hundred pounds sterling and also the sum of thirty five pounds owing to me as Executrix and residuary legatee as aforesaid from the same Turnpike trust by virtue of an assignment of Tolls bearing date the eigth day of January one thousand eight hundred and thirty one and all Interest to accrue thereon from the day of my decease and I direct my trustees to invest or place out the one hundred pounds in the funds or on any security Real of personal that they may think proper and to pay the dividends or Interest thereof and the Interest of the thirty five pounds to or for the benefit of my Grandson William James Smith Son of my Son Samuel Smith during his minority and if he lives to attain the age of twenty one years then to pay or transfer to him the one hundred pounds or any stock or security in or upon which the same may be invested or placed out and to transfer to him the thirty five pounds and the assignment by which the same is secured and if the thirty five pounds shall be paid off by the Turnpike trust before my said Grand Son shall have attained the age of twenty one years then the same shall be received by my trustees whose receipt shall be a sufficient discharge for the same and they shall forthwith invest or place out the money in the funds or at Interest in the same manner and upon the same trusts as the one hundred pounds But if my said Grandson shall not live to attain the age of twenty one years then both the one hundred pounds and the thirty five pounds are upon his decease to sink into and become part of my Residuary personal Estate

I give to my daughter Maria Inkpen my piano forte

I give to my daughter Mary Ann Bain the sum of one hundred pounds

I give to my daughter Elizabeth Churcher the sum of one hundred pounds

I direct my Executors to invest or place out the sum of one hundred pounds in the funds or on any security real or personal that they may think proper and pay the dividends or Interest thereof to or for the benefit of the above named William Smith the Son of my late Son William Smith during his minority and if he lives to attain the age of twenty one years then to pay or transfer to him the said sum of one hundred pounds or any stock or security in or upon which the same may be invested or placed out but if my said Grandson shall not live to attain the age of twenty one years then the said sum of one hundred pounds is to sink into and become part of my residuary personal Estate

I direct my Executors to invest or place out the sum of fifty pounds in the funds or on any security real or personal that they may think proper and pay the dividends or Interest thereof to or for the benefit of George Smith one of the Sons of my Son Samuel Smith during his minority and if he lives to attain the age of twenty one years then to pay or transfer to him the said sum of fifty pounds or any stock or security in or upon which the same may be invested or placed out but if the said George Smith shall not live to attain the age of twenty one years then the said sum of fifty pounds is to sink into and become part of my residuary personal Estate

I direct my Executors to invest or place out at Interest another sum of fifty pounds in the same manner and upon similar trust for the benefit of Charles Smith and another for the benefit of Samuel Smith two other Sons of my Son Samuel Smith

I give to the said William Inkpen and John Drummond whom I shall appoint Executors of this my will the sum of ten Guineas each

and as to all the Residue of my monies goods chattels personal Estate and effects I do hereby direct my Executors to sell and dispose of and convert into money such parts thereof as shall not consist of money and collect get in and receive the remaining parts of my said residuary personal Estate and I hereby empower my Executors to compound or allow such time or accept such security real or personal for the payment of any sum or sums of money which shall be owing to me at the time of my decease as they shall deem expedient and also to refer to arbitration or otherwise adjust any question or dispute that may arise in relation thereto or in relation to any debt that may be owing or be claimed to be owing by me to any person or persons and it shall be in the discretion of my Executors either forthwith to call in such monies as may be owing to me on mortgage bond or other security or to let the same remain on such security during such time as they may judge proper and they shall not be answerable for the exercise of such discretion nor chargeable with any loss that may arise therefrom and I give and bequeath all my said residuary personal Estate subject to the payment of my debts and funeral and Testamentary expenses to such of my children as shall be living at the time of my decease and also to such of the issue then living of any child or children of mine then dead as shall attain the age of twenty one years except the issue of my late Sons Thomas Smith and George Smith all such children of mine and their issue object of this present bequest to take as tenants in common but so that the issue of a deceased child or deceased children shall be entitled through all the degrees to the share or respective shares only which his her or their parent or respective parents would have been entitled to if living and I hereby declare that if at the time of my decease any of the Issue of any deceased child or children of mine shall not have attained the age of twenty one years the presumptive or contigent share of every such minor shall be invested or placed out at Interest in the names or name of the trustees or trustee for the time being of this my will during his or her minority and the dividends or Interest thereof paid or applied during such minority to or for the benefit of each such minor in such manner as the trustees or trustee shall think proper I do hereby declare that it shall be lawful for the trustees or trustee for the time being of this my will from time to time as often as they shall see occassion to vary or transpose as well the stocks funds and securities wherein any Investment shall be made by them pursuant to any of the trusts or directions aforesaid or any stocks funds or securities which may at my decease compose part of my personal Estate

I do hereby further declare that in case the said William Inkpen and John Drummond or either of them or any trustee or trustees to be appointed under this present provision shall die or become unwilling or unable to act in the trusts of this my will before the same shall be fully performed then and in every case it shall be lawful for the surviving or acting trustee for the time being or if there be none such then for the declining trustee or trustees or in case both of the trustees shall have died then for the Executors or admors of the surviving trustee to nominate any fit person or persons to supply the place or places of the trustees or trustee so dying or becoming unwilling or unable to act as aforesaid and that immediately after every such nomination the trust premises shall at the expense of my Estate be conveyed or transferred and assigned in such manner that the same may vest in the surviving or continuing trustee and the new trustee or in the new trustees only as the case may require and such new trustee or trustees shall be entitled to exercise the same powers and authorities in relation to the said trusts as if he or they had been named and appointed a trustee or trustees in and by this my will and all and every surviving trustees and trustee shall be entitled to exercise the same powers and authorities as they or he and their or his Cotrustee or Cotrustees when living might have exercised and I hereby also declare that none of my trustees shall be chargeable with any more monies than they respectively shall actually receive by virtue of the trusts hereby in them reposed notwithstanding their joining in any receipt or other act for the sake of conformity only nor answerable for any involuntary losses and that it shall be lawful for the trustees out of any monies that shall come to their hands to retain or allow to each other all costs charges damages and expenses incurred and a fair compensation for their time and trouble employed in the execution of the said trusts

I appoint the said William Inkpen and John Drummond Executors of this my will

Lastly I hereby declare that in case any difference shall arise between any of the parties interested under this my will touching or concerning the same such difference shall be referred to the arbitration of two indifferent persons one to be chosen by each party or in case of their disagreement by an umpire to be chosen by them and if the party occassioning such difference shall refuse to proceed to such arbitration or shall not abide by and obey the determination of the arbitrators or umpire he or she shall forfeit all provision made for him or her under this my will and what is hereby given to or provided for him or her shall thereupon belong to all the other persons who under this my will be entitled to my Residuary personal Estate

In witness whereof I have to the first ten sheets of this my last will and testament contained in eleven sheets of paper set my hand and to this eleventh and last sheet my hand and seal this tenth day of December in the year of our Lord one thousand eight hundred and thirty four - Mary Smith - (SEAL) -

Signed sealed published and declared by Mary Smith the Testatrix as and for her last will and Testament in the presence of use who at her request in her presence and in the presence of each other have hereunto subscribed our names as witness thereof Patrick Drummond - Wm. Drummond - of Croydon - Edwd. Drummond Clerk to Messr. Drummond

Proved at London 23rd March 1837 before the worshipful John Danbury Doctors of Laws and Surrogate by the oaths of William Inkpen and John Drummond the Exors to whom Admon was granted having been first sworn duly to administer

Public Record Office Reference: PROB11/1875 CC/3313