Aspects of Kentish Local History

Wills of 19th Century Chatham Shipwrights
Prerogative Court of Canterbury (P.C.C.) Wills  (Pre 1858)

John MOSLEY proved 1847

THIS IS THE LAST WILL AND TESTAMENT
of me John Mosley of Cage Lane in the parish of Chatham in the County of Kent Shipwright which I make in manner following that is to say I nominate and appoint my dear Wife Hannah Mosley Executrix and my good friends John Coates of Chatham a Shipwright and William Hughes of Chatham aforesaid Grocer Executors hereof and direct them from and out of my personal estate to pay and satisfy all my just debts funeral and testamentary charges and expenses and the expenses of proving this my Will And I do hereby give and devise unto them the said John Coates and William Hughes All that my freehold tenement or dwelling house situate in Cage Lane and parish of Chatham aforesaid with the yard and appurtenances therein belonging now in my own occupation And also all that my freehold tenement or dwelling house Shop and bake house situate in the same Lane and parish and adjoining the premises before described with the yard and appurtenances thereunto belonging now in the occupation of James Austin To hold the same unto and to the use of them the said John Coates and William Hughes their heirs and assigns upon the several trusts and to and for the ends intents and purpose hereinafter expressed and declared that is to say Upon Trust to receive and take the rents and profits thereof as the same shall from time to time become due and permit and   ?   the same to her my said Wife Hannah Mosley or otherwise permit and suffer and duly authorise her to receive and take the same for and during the term of her natural life she keeping the said premises in good and tenantable repair and insuring the same from loss or damage from fire And from and immediately after her decease Upon Trust to so receive and take the said rents and profits and pay the same unto my dear Son William Mosley or otherwise permit and suffer and duly authorise him to receive and take the same for and during the term of his natural life he repairing and insuring as aforesaid and from and immediately after his decease upon Trust to receive and take the said rents and profits as aforesaid and pay the same unto Caroline Wife of the said William Mosley or otherwise permit and suffer and duly authorise her to receive and take the same for and during the term of her natural life she   ?   repairing and insuring as aforesaid And from and immediately after the decease of the survivor of them the said Hannah Mosley William Mosley and Caroline Mosley then as to the said tenement or dwelling house hereditaments and premises and the rents and profit thereof Upon Trust for all and every the child and children of them the said William Mosley who being a Son or Sons shall attain the age of twenty one years or have lawful issue or being a Daughter or Daughters shall attain that age or marry to be divided amongst them in and by equal parts shares and proportions as tenants in common and not as joint tenants and to their several and respective heirs and assigns absolutely and for ever provided always and I do hereby declare and direct that the trusts herein before contained for the benefit of my said Son William Mosley his Wife and Children respectively subject to and upon this express condition that he she or they do and shall well and truly pay or cause to be paid the following legacies or sums of money which I charge upon the said freehold hereditaments and premises with interest thereon respectively at five pounds per centum per annum from the respective times when the same shall become payable that is to say unto my dear Daughter Mary Ann Parry Wife of George Wyatt Parry of Ordnance Place in the parish of Chatham aforesaid Brewer the full and clear sum of sixty pounds sterling money for her own use and benefit And in case of her decease before the same becomes payable then the sum of twenty pounds of like money to each of her Sons John White and James White her children by her first husband Thomas White which legacies respectively I direct to be paid and payable at the end of six calender months next after the decease of my said Wife And to my Grandson John Mosley a private Soldier in one of her Majesty's Infantry Regiments and lately embarked for New South Wales the sum of twenty pounds in case he shall return to England within twenty years from the date of this my Will but not otherwise and to be paid and payable to him within six calender months after such his return and proving his identity And in case default Shall be made in payment of the said legacies or sums of money any or either of them or any part or parts thereof respectively within the respective times herein before appointed for payment thereof Then Upon Trust and I do hereby empower them the said John Coates and William Hughes and the survivor of them his heirs executors or administrators as soon as conveniently may be thereafter to make sale and absolutely dispose of the said tenements or dwelling houses hereditaments and premises and the fee simple and in inheritance thereof either entirely in one lot or by parcels and in several lots by public auction or private contract or partly by public sale   ?   the purchaser or purchasers thereof respectively for the best price or prices that can be reasonably had and gotten for the same with power to buy in the said hereditaments or any part thereof at any public auction and again to resell the same by public auction or private sale without liability for any loss that may arrive thereof And to facilitate such sale or sales do and Shall make and execute all such deeds conveyances and assurances in the same as shall be needful to effect and confirm the same And I do hereby declare that upon payment of the money to arise on any such sale or sales it shall and may be lawful to and for my said Trustees and the survivor of them his heirs executors and administrators to give and sign any receipt or receipts of such moneys respectively which receipt or receipts shall be a good and effectual discharge or good and effectual discharges to any purchaser or purchasers of the said premises or any part thereof and his her or their respective heirs executors administrators and assigns shall not afterwards be obliged to ? to the application of such purchase money or any part thereof do acknowledged to be received nor to be answerable or accountable for any loss inapplication or misapplication thereof or of any part thereof or to enquire into the necessity or expediency of any such sale as aforesaid And it is my mind and will and I do hereby direct them my said trustees and the survivor of them his executors and administrators by and out of the moneys to arise from any such sale or sales as aforesaid in the first place to pay and satisfy such of the said several said legacies or sums of money herein before bequeathed or directed to be paid and ? as aforesaid as shall then have become payable And subject thereto lay out and invest any residue or surplus of the said moneys in their or his names or name in the Parliamentary Stock or Public Funds of Great Britain or at interest upon Government or Real Securities in England and pay the interest dividends or annual produce of the same trust moneys stocks funds and securities as and what the same shall arise and become due To the said William Mosley for his life and after his decease to the said Caroline Mosley his Wife for her life And after the decease of the survivor of them the said William Mosley and Caroline his Wife upon Trust to transfer pay and divide the said residue of purchase moneys or the stocks funds and securities that may so be invested and the dividends interest and annual produce of the same unto and between all and every the child and children of him the said William Mosley who being a Son or Sons shall attain the said age of twenty one years or having lawful issue or being a Daughter or Daughters shall attain that age or marry to be divided between and amongst them in and by equal parts shares and proportions as tenants in Common as aforesaid and to their several and respective executors and administrators And I give and bequeath all my household goods and furniture plate linen and china unto my said Wife Hannah Mosley to have the free use and enjoyment thereof for and during the term of her natural life and from and after her decease I give and bequeath the same and all the Rest Residue and Remainder of my Estate and Effects whatsoever and wheresoever unto my said Son William Mosley and my Daughter Mary Ann Parry and my other Daughter Hannah the Wife of Charles W[       ] of Hull in the County of York to be divided between and amongst them in and by equal parts and shares as tenants in Common as aforesaid for their own respective use and benefit provided always and I do hereby declare that if the trustees appointed in this my Will or to be appointed as hereinafter mentioned any or other of them their any or either of their heirs executors or administrators shall die or be desirous of being discharged from or refuse decline or become incapable to act in the trusts hereby in them respectively reposed before the said trust   ?   shall be fully executed and performed then it shall be lawful for the surviving or continuing trustee his executors or administrators by any writing or writings under his her or their hand and seal or hands and seals legally executed to nominate substitute and apply any 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   ?   or becoming incapable to act as aforesaid And thereupon all the said trust estates stocks moneys and premises shall be thereupon conveyed and transferred so that the same may be 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 require upon and for the trusts intents and purposes herein before expressed and declared of and concerning the same or such of them as shall be then substituting   ?   and capable of taking effect And the person or persons to be 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 also that the said several trustees of this my Will and each of them and the heirs executors administrators or assigns of them and each of them shall be charged and chargeable respectively for such money only or other part or parts of any estate and effects or the income or produce thereof as they shall respectively actually receive by virtue of the trusts hereby in them reposed notwithstanding their or any or either of their giving or singular or jointly in giving or signing any receipt or receipts for the sake of conformity And any one or more of them shall not be answerable or accountable for the others or other of them or for involuntary losses And also that it shall be and may be lawful for them respectively with and out of the moneys which shall come to their respective hands by virtue of this my Will or the trusts thereof to retain to and reimburse themselves respectively and also to allow to his her or their co-trustees or co-trustee all costs charges damages and expenses which they any or either of them shall or may incur sustain expend or be put unto in or about the execution of this my Will or the trusts thereof or any suit or proceeding act matter or thing relating thereto And lastly I revoke all former Will or Wills by me made and do declare this only to be and contain my last Will and Testament In Witness whereof I the said John Mosley the Testator have at the foot or end of this my last Will and Testament contained in six sheets of paper written on one side thereof only set my hand this sixteenth day of May in the year of our Lord one thousand eight hundred and forty John Mosley Signed and declared by the said John Mosley the Testator as and to be his last Will and Testament in the presence of us who in his presence and in the presence of each other have subscribed our names as witnesses hereto J Stephens Solicitor Chatham J W Heard Clerk to Messrs Stephens & Son

Proved 28th April 1847 John Coates and William Hughes have renounced executorship of the will. (I am not surprised, they probably did not understand it!)

Headstone in St Mary's Burial Ground in Whiffen's Avenue (all the inscriptions are on this website)

IN MEMORY OF
JOHN MOSLEY
WHO DIED 25th AUGUST 1841
AGED 70 YEARS
ALSO
HANNAH MOSLEY
WIFE OF THE ABOVE
WHO DIED 26th SEPTEMBER 1845
AGED 74 YEARS
ALSO
WILLIAM MOSLEY
SON OF THE ABOVE
WHO DIED 17th NOVEMBER 186[4]
AGED 46 YEARS