Aspects of Kentish Local History

Wills of Gillingham Shipwrights 1621 - 1852
Prerogative Court of Canterbury (P.C.C.) Wills  (Pre 1858)

John HARDEN 1843

I JOHN HARDEN of Brompton in the Parish of Gillingham in the County of Kent Shipwright do hereby revoke all former wills codicils and Testamentary dispositions made by me at any time heretofore and declare this to be my last Will and Testament I direct all my just debts funeral and testamentary expenses to be paid and discharged I give devise and bequeath my messuage or tenement divided into two dwellings with the appurtenances situate in Brompton aforesaid now in the several occupations of myself and JOHN DULVEY and also my household goods furniture ready money debts securities for money and also my personal Estate and Effects whatsoever and wheresoever not specifically disposed of by this my will or by a codicil or codicils hereto unto my three sons THOMAS HARDEN WILLIAM HARDEN and JOSEPH HARDEN their heirs executors administrators and assigns To hold unto them the said THOMAS HARDEN WILLIAM HARDEN and JOSEPH HARDEN their heirs executors administrators and assigns Upon and for the trusts intents and purposes herein after expressed and declared of and concerning the same (that is to say) As to my said real estate Upon trust that the said trustees and the survivors or survivor of them and the heirs of the survivor or other the trustees or trustee for the time being of this my will do and shall allow my wife MARY HARDEN to receive the rents and profits thereof for and during the term of her natural life And after her decease As to the tenement now in my own occupation Upon trust to allow my daughter ANN HARDEN to receive the rents issues and profits thereof for and to her own use and benefit during the term of her natural life subject however to the payment of all parliamentary and parochial taxes rates and assessments whatsoever And as to the tenement now in the occupation of JOHN DULVEY Upon trust that the said trustees or trustee and the survivors or survivor of them do and shall from time to time receive the rents issues and profits thereof and stand possessed thereof during the natural life of my said daughter ANN HARDEN and until my hereditaments shall be sold under trusts hereinafter mentioned Upon trust to divide the same in the manner and proportion hereinafter mentioned (that is to say) To divide the same into five equal parts And as to any of my children who are indebted to the other of them (which obligation shall be proved to the satisfaction of my said trustees upon trust to pay the shares or share of such rents and profits of such children as are so indebted unto the others of them who are creditors to such debtors until such debts shall be fully paid and satisfied And after such debts shall be paid and satisfied And subject thereto Upon trust to divide the same rents issues and profits of the said tenement now in the occupation of JOHN DULVEY equally between my five sons viz the said JOHN HARDEN THOMAS HARDEN GEORGE HARDEN WILLIAM HARDEN and JOSEPH HARDEN and as to my Personal Estate Upon trust to let my said wife have the free use of the whole thereof for the term of her natural life and after her decease upon trust to allow my said daughter ANN HARDEN to have the free use and enjoyment of such articles of furniture as she shall choose and think proper for and during the term of her natural life And as to the residue of my said personal estate after the decease of my said wife Upon trust to convert the same into money and stand possessed thereof upon trust to divide the same into five equal parts and stand possessed of [the] parts Upon trust to distribute the same amongst my said sons JOHN HARDEN THOMAS HARDEN GEORGE HARDEN WILLIAM HARDEN and JOSEPH HARDEN in precisely the same manner as is herein before directed with respect to the rents and profits of my tenement now in the occupation of the said JOHN DULVEY and as to the said articles of furniture shall be in possession of my said daughter ANN HARDEN at the time of her decease Upon trust to divide the same equally among my said five sons JOHN HARDEN THOMAS HARDEN GEORGE HARDEN WILLIAM HARDEN and JOSEPH HARDEN subject to the trusts herein before mentioned as to such of my children as shall be debtors of the others or other of them And after the decease of my said daughter ANN HARDEN Upon trust that they my said trustees and the survivors or survivor of them and the heirs of the survivor or other the trustee or trustees for the time being of this my will do and shall as soon as conveniently may and sufficient discharge to my said trustees or trustee for any monies be after the decease of my said daughter sell and dispose of my said hereditaments and premises either together or in parcels and either by public auction or private contract to any person or persons for such price or prices as to the said trustees or trustee shall appear reasonable And do and shall make and execute all such contracts    ?    deeds and a    ?    as may be proper and necessary for effecting and completing such sale or sales And I hereby declare that the said trustees or trustee for the time being their executors administrators or assigns shall stand possessed of all the monies to arise from such sale of my real estate Upon and for the trusts and purposes hereinafter expressed and declared concerning the same (that is to say) Upon trust to divide the same equally between and amongst my said five sons JOHN HARDEN THOMAS HARDEN GEORGE HARDEN WILLIAM HARDEN and JOSEPH HARDEN subject to the trusts hereinafter directed as to such of my children as shall be indebted to the others or other of them And whereas my said son GEORGE HARDEN is indebted to my daughter ANN HARDEN in the sum of ten pounds for money lent I do therefore hereby desire my said trustees and survivors or survivor of them out of the monies which shall come into their hands by virtue of this my will to pay and satisfy my said daughter ANN HARDEN as aforesaid And I hereby declare that the receipt and receipts of of my said daughter ANN HARDEN whether married of sole shall be a good and sufficient discharge to my said trustees or trustee for any monies which they shall pay to her by virtue of this my will And whereas some of my said sons JOHN HARDEN THOMAS HARDEN GEORGE HARDEN WILLIAM HARDEN and JOSEPH HARDEN are indebted unto my said daughter ANN HARDEN to the others of them in certain sums of money Now I do hereby declare and direct my will to be that none of the said debtors shall receive any benefit under this my will until the said debts have been discharged by my said trustees under the provision for that purpose herein before contained And I hereby declare that my said trustees and the survivors or survivor of them and the heirs of such survivor or the said trustees or trustee for the time being shall and may have and are hereby invested with full power to do all that may from time to time during the continuance of the trusts hereby created be necessarily toward the reparation and substantial improvement of the said hereditaments and premises hereby devised or until the same shall be sold under the provisions for that purpose herein before contained And I hereby declare that the receipts of the said THOMAS HARDEN WILLIAM HARDEN and JOSEPH HARDEN and the survivors or survivor of them or other the trustees or trustee for the time being of this my will for the purchase money of my real estate herein before directed to be sold or for any other money payable to them or him in the execution of the trusts or otherwise by virtue of this my will shall effectually discharge the purchasers of my real estate or other the persons paying such money from from the money therein acknowledged to be received and from all liability for any lose or misappropriation thereof provided also and I do hereby further declare and direct that if either of the trustees hereby appointed or any trustee to be appointed as hereinafter is mentioned or either of them or either of their executors administrators or assigns shall happen to die or be desirous of being discharged from or refuse or decline or be incapable to act in the trusts hereby in them respectively reposed as aforesaid before the trusts shall be fully executed Then and in such case and so often as the same shall happen it shall be lawful for the then surviving or continuing trustee the executors or administrators of the last surviving or continuing trustee by any deed or deeds instrument or instruments in writing to be by them or him sealed and delivered in the presence of and attested by two or more creditable witnesses from time to time to appoint any other person or persons to be a trustee or trustees in the stead or place of the trustee or trustees so dying or desiring to be discharged or refusing declining or becoming incapable to act as aforesaid And when and so after as a new trustee shall be appointed as aforesaid All the said trust estates monies and premises or such of them as shall then be subject to the trusts aforesaid shall be therefore with all convenient speed    ?    assign and transferred in such sort?, and manner and so that the same shall or may legally and effectually vested in the person or persons so to be appointed as aforesaid either solely or jointly with the surviving or continuing trustee or trustees as occasion shall be or require Upon the trusts herein before expressed and contained and concerning the said trust estate monies and premises or of such of them as shall be then subsisting determined and capable of taking effect And every person to be appointed as aforesaid shall have all the powers and authorities of the trustee in whose room he shall be substituted provided also and I do hereby further declare that the said trustees hereby appointed or to be appointed as aforesaid and each and every of them and the heirs executors administrators an assigns of them and each and every of them shall be charged and chargeable respectively only for such monies as they shall respectively actually receive by virtue of the trusts hereby in them reposed not withstanding his or their giving or signing or joining in giving or signing any receipts or receipt for the sake of conformity And any one or more of them shall not be answerable or accountable for the other or others of them or for involuntary losses And also that it shall be lawful for them out of the monies which shall come to their respective hands by virtue of the trusts aforesaid to retain and reimburse themselves respectively And also to allow to their respective co-trustee all costs charges damages and expenses which they any or either of them shall or may suffer sustain expend disburse or be put unto in or about the execution of the aforesaid trusts or in relation thereunto And I hereby nominate and appoint my said three sons THOMAS HARDEN WILLIAM HARDEN and JOSEPH HARDEN Executors of this my will In witness whereof I the said JOHN HARDEN the testator here to the first three sheets of this my last will and testament contained in four sheets of paper set my hand and to this fourth and last sheet my hand and seal this fifteenth day of October in the year of our Lord one thousand eight hundred and thirty nine JOHN HARDEN Signed sealed published and declared by the testator JOHN HARDEN as and for his 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 thereto EDWARD BROWN of Lenham Kent Grocer THOMAS GILKINS of 19 Frederick Street Hampstead Road Grocer W. J. ROBERTS 1 Warwick Court Holborn Gent.

This is a Codicil to the last will and testament of me JOHN HARDEN of Brompton in the parish of Gillingham in the County of Kent Shipwright bearing date the fifteenth day of October one thousand eight hundred and thirty nine Whereas by my said will I have given devised and bequeathed all my real and personal estate unto my three sons THOMAS HARDEN WILLIAM HARDEN and JOSEPH HARDEN upon certain trusts in my said will mentioned and I have therein appointed my said three sons THOMAS HARDEN WILLIAM HARDEN and JOSEPH HARDEN Executors of my said will Now I do hereby revoke and make void the said appointment of my said son JOSEPH HARDEN to be a Trustee and Executor of my said will And I do hereby nominate substitute and appoint my daughter ANN HARDEN in the said will named to be a trustee and Executrix in the room and place of my said son JOSEPH HARDEN And I do hereby give devise and bequeath unto the said THOMAS HARDEN WILLIAM HARDEN and ANN HARDEN All my real and Personal Estate Upon the trusts and conditions in my said will contained and concerning the same And I do hereby appoint the said THOMAS HARDEN WILLIAM HARDEN and ANN HARDEN Executors and Executrix of this my said will In witness whereof I have to this Codicil to my last will and testament contained in one sheet of paper set my hand and seal the thirteenth day of November one thousand eight hundred and forty one JOHN HARDEN Signed sealed published and declared by the said testator JOHN HARDEN as and for a Codicil to his last will and testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses JAMES MUNN Victualler Gravesend THOMAS GIBSON Grocer 19 Frederick Street Hampstead Road

Proved 7th January 1843