Henry Allchin – 1839 (Prob 11/1905)

This is the last Will and Testament of me Henry Allchin of East Malling in the County of Kent Gentleman made and declared the twenty seventh day of September one thousand eight hundred and thirty eight. First I appoint my son Thomas Allchin and my grandson William Henry Allchin (one of the sons of my late son William Henry Allchin deceased by his first wife) joint Executors and Trustees of this my Will. Also I give and devise all those two messuages tenements or cottages formerly one messuage tenement and shop with the appurtenances thereto belonging or herewith used situate at West Malling in the said county formerly in the occupation of one Clifford and one Hayles and now in the occupation of George Haildon (?) and William Mowat and also all that piece or parcel of woodland called …….. containing by estimation three acres situate at East Malling aforesaid adjoining the lands of Thomas Andrews formerly in the occupation of my late father Henry Allchin and now in the occupation of my sister Susanna Allchin together with the appurts thereto appertaining or belonging and all my Estate right or interest in the said hereditaments and premises  ……. unto my son Thomas Allchin his heirs and assigns for ever absolutely Also I give and devise all that messuage or tenement or cottage situate at Mill Street in the said parish of East Malling  and now and for many years past in the occupation of William Jobson and also all that messuage tenement or cottage adjoining the last mentioned cottage now in the occupation of one Miller and also all that messuage or tenement now in my own occupation situate at East Malling aforesaid and also all that messuage or tenement with the garden and premises thereto belonging situate at East Malling aforesaid formerly in the occupation of my said late father and now of my sister Susanna Allchin and also all that piece or parcel of meadow land at East Malling aforesaid containing by estimation three acres formerly occupied by my said late father with the last said messuage or tenement and lately in the occupation of my said sister Susanna Allchin and now in my own occupation together with the rights members and appurtenances to the said last several mentioned hereditaments and premises belonging and appertaining and all my Estate right and interest in the same last mentioned hereditaments and premises respectively unto my said son Thomas Allchin for and during the term of his natural life and from and immediately upon and after his decease I give and devise the same last mentioned hereditaments and premises unto his two daughters Mary Ann Allchin and Elizabeth Allchin as tenants in common and not as joint tenants and to those respective heirs and assigns for ever Also I give and bequeath unto my said son Thomas Allchin absolutely all my household goods and implements of household linen glass china wearing apparel and all other my moveables (except plate and money and securities for money and except as aftermentioned) Also I give and devise all that messuage or tenement and the Mill and lands thereto belonging containing by estimation six acres with the appurtenances situated at Meopham in the said County of Kent formerly in the tenure or occupation of Richard Allchin and now in the occupation of Jesse Johnson and also all that messuage or tenement with the Shop Garden and appurts thereto belonging situate at West Malling aforesaid formerly in the occupation of William Robertson and now of John English and also all those three messuages tenements or cottages together with the rights members and appurts thereto respectively belonging situate at Mill Street in the said parish of East Malling formerly in the occupation of Thomas Booth Thomas Bowram (?) and John Cork (?) and now in the occupation of one Hubble Stephen Allchin and the widow Best and also those two messuages and about half all area of land belonging and used herewith situate at Mereworth in the said County of Kent formerly in the several occupations of John Large and the widow Large and now in the occupation of the said widow Large her assigns or  …………… together with the rights members and appurtenances whatsoever to the said last mentioned hereditaments and premises respectively belonging and all my Estate rights and interest in the same last mentioned hereditaments and premises respectively unto my said Executors and Trustees their heirs and assigns upon trust when and as they shall then if advantageous so to do at any time or times to sell the said last mentioned hereditament and hereditaments or any of them together or in parcels by public auction or private contract and to convey the same when sold unto or according to the direction of the purchasor or purchasors thereof and to divide the clear product of such sale or sales into nine equal parts and to pay out of such parts to each of such of the eight children of my late son William Henry Allchin by his first and second marriages as shall be then living and shall have attained the age of twenty one years for his or her absolute use and to invest the remaining ninth parts of the clear product of such sale or sales in the name or names of the remaining Trustee or Trustees for the time being of my Will in or upon any of the public stocks funds or securities of the United Kingdom or any real security in England or Wales with liberty for the said trustees or trustee at their or his discretion to vary or transpose from time to time for any other investment of the description aforesaid And upon further trust to permit and empower Elizabeth Allchin the widow of my said late son William Henry Allchin to receive the annual income of one of such remaining ninth parts or of the stocks funds or securities whereon such one ninth part shall be invested during her life or widowhood and on her death or marriage I give and bequeath the capital of such last mentioned ninth part with the future income to and equally between such of the said eight children of my said late son William Henry Allchin by his first and second marriages as shall be then living and as shall have attained or shall attain the age of twenty one years and any issue of such child or children then dead or who shall be under the age of twenty one years as shall attain that age as tenants in common in a course of distribution according to the stocks and not to the number of individual objects and so that the issue of deceased children shall take by way of substitution the share or respective shares only which the parent or respective parents living would have taken and to pay and transfer the remaining ninth parts as aforesaid equally to and between such of the said eight children as shall not have received that ninth parts or shares previously to investment as aforesaid and as shall attain the age of twenty one years and any issue of such children as shall die under the age of twenty one years as shall attain that age so that the issue of such deceased children shall take by way of substitution the share or respective shares only which the parent or respective parents if living would have taken and empower the Trustees or Trustee for the time being of this my Will during the suspension of payment of any of the shares aforesaid or of other the trust moneys aforesaid or any share or shares thereof to apply the income thereof or a competent part thereof for and towards the maintenance education and bringing up of the person or persons entitled for the time being to such share or shares or other the trust moneys aforesaid or any share or shares thereof or to accumulate the same income for the benefit of such person or persons according to the sole discretion of such trustees or trustee and I do will and direct that until such sale or sales as aforesaid the rents and profits of my said real estate devised in trust for sale as aforesaid shall follow the trusts hereinbefore declared concerning the produce of such sale or sales and shall be paid and applied accordingly or as nearly so as may be. Also I give and bequeath to Peggy Allchin Spinster formerly my servant now living with me the bed and bedhead mattress bolster pillows pillow cases sheets blankets counterpane and bed furniture now used by her to and for her own use absolutely Also I give and bequeath unto the said Peggy Allchin to and for her own use an annuity of twelve pounds of twelve pounds sterling for her life if she shall so long continue unmarried which I do hereby charge upon and direct to be paid from any legacy or other duties quarterly out of my other residuary personal estate the first quarterly payment of such amount to be made at the expiration of three calendar months next after my decease Also I give and bequeath all my plate and plated articles to my two grandsons (Sons of my said son William Henry Allchin by his first marriage namely my said Executor William Henry Allchin and Thomas Hubbard Allchin) equally to be divided between them for their own respective absolute use and benefit Also I give and bequeath all my money and securities for money and debts due and owing and all the rest and residue of my personal estate (charged with the said annuity) to my said Executors and Trustees upon trust to get in and convert the same into money and as to one half part thereof (subject to one half part of the said annuity [upon trust to pay]) and I hereby bequeath the same unto my son Thomas Allchin for his own use absolutely and as to the other half part thereof (subject to one half part of the said annuity [upon trust to pay]) and apply unto and dispose of the same in the manner upon the trusts and in the shares and proportions hereinbefore directed concerning the money to accrue by the sale or sales of the real estate hereinbefore devised to my said Executors and Trustees upon trust as aforesaid provided always and I do hereby expressly declare that it shall be lawful for the Executors and Trustees of this my Will for the time being at their or his sole discretion out of the unpaid shares of the real and personal estate or the product of sale of the real estate hereinbefore devised and bequeathed to my said executors and Trustees in trust as aforesaid to advance and pay at any time or times to any or either (during minority) of the children of my said late son William Henry Allchin by his first and second marriages whose share or shares of the trust monies aforesaid shall not be then payable any sum or sums of money not exceeding in the whole to any out of such children one hundred pounds part of his or her share or shares respectively for his or her benefit or advancement in life Also I give and devise the rest and residue of my real estate whatsoever and wheresoever unto my said son Thomas Allchin his heirs and assigns for ever to and for his and their own absolute use and benefit Also I give and devise all the real estate vested in me as mortgagee or Trustee unto and to the use of my Trustees and Executors their heirs and assigns subject to the trusts and …….. affecting the same respectively and I also declare that the interest given to my said Executors for their own use by this my Will is ……….for their over and above the cost they may be put to in the execution of the trusts hereof and I empower the Trustees or Trustee for the time being of this my Will to give receipt for all moneys and effects to be paid or delivered to such Trustees or Trustee by virtue of my will and declare that such receipts shall exonerate the persons taking the same from liability to see to the apportion or disposition of the money or effects therein mentioned or for any loss misapplication or no application thereof Also I declare that during the course of the sale of my said real estate hereinbefore directed to be sold or any part thereof the Trustees or Trustee for the time being of this my Will shall have full powers to let the same from year to year or for any time ………………….. for the best rent or at their or his option to take possession thereof manage and empower the same and for that purpose to employ ……………… …………………….. …………………………………………………………………..  …………… and I do hereby revoke all former wills by me at any time heretofore made and do declare this to be my last Will and Testament. In Witness thereof  I the said Henry Allchin the testator have to this my last Will and Testament contained in seven sheets of paper and to every sheet thereof  set my hand dated the day and year first above written Henry Allchin signed by the said Henry Allchin the testator as and for his last Will and Testament in the presence of us who were both present at the same time and in his presence at his request and in the presence of each other have hereunto set our names as witnesses thereof Silas Norton Solicitor West Malling Kent Benjamin George his clerk West Malling Kent