William
STIGANT proved 1837
THIS IS THE LAST
WILL AND TESTAMENT
of
me William Stigant
of Brompton in the Parish of Chatham in the County of Kent Shipwright
which I make in manner following I nominate constitute and appoint my
dear Wife Susan Stigant Executrix and my Son William
Stigant the younger and Brother in law Robert Davies
of Maidstone in the said County Pawnbroker Executors hereof and I give
and bequeath to them my said Son and Brother in law Robert Davies
the sum of ten pounds each as an acknowledgement for the care and
trouble they will have in and about the execution of this my Will and
the trusts thereof And
I do hereby give and bequeath All my household goods and furniture plate
linen & china unto her my said Wife for her to have the free use and
enjoyment thereof for and during the term of her natural life without
being accountable for any loss spoil or diminution that may happen to
the same or any part thereof And
I give and devise unto them the said Susan Stigant William
Stigant the younger and Robert Davies All those my
freehold messuages tenements or dwelling houses with the yards gardens
ground & appurtenances thereunto respectively belonging situate in
or near Middle Street Brompton and in the Parish of Chatham aforesaid as
the same are now in the occupation of myself and under tenants And all
other my messuages or tenements lands hereditaments and real Estate
whatsoever and wheresoever To hold the same unto and to the use of them
the said Susan Stigant William Stigant and Robert
Davies their heirs and assigns Upon the Trusts hereinafter
expressed and declared concerning the same And
I give and bequeath all my goods chattels stocks securities moneys and
other Personal Estate and Effects ( except and subject to the specific
bequests of parts thereof herein before contained ) unto them the said Susan
Stigant William Stigant and Robert Davies
their executors admons and assigns according to the nature and quality
thereof respectively And
I do declare that my said real and personal Estate herein before devised
and bequeathed to them the said Susan Stigant William
Stigant and Robert Davies their heirs executors
admons and assigns as aforesaid are so devised and bequeathed Upon and
for the trusts intents and purposes hereinafter expressed and contained
of and concerning the same respectively that is to say Upon trust with
all convenient speed to call in and convert into money my said Personal
Estate or such part thereof as shall not consist of money or good
securities and stand possessed of the moneys to arise therefrom and of
and in the stocks funds and securities I shall be possessed of at the
time of my decease Upon Trust and out of the same in the first place to
pay and satisfy all my just debts funeral and testamentary charges and
expenses and the pecuniary legacies therein before bequeathed And
subject thereto Upon trust that they my said Wife and the said William
Stigant the younger and Robert Davies and the
survivors and survivor of them do and shall lay out and invest the
residue of the moneys so to arise as aforesaid in their his or her names
or name in the purchase of stock in the Pubic funds of Great Britain or
at interest on real or Government Securities And do and shall pay or
otherwise permit and suffer my said Wife to receive and the the rents
issues and profits of my said messuages or tenements land hereditaments
and premises and the dividends interest and annual produce of all and
every the said stock funds and securities so to be purchased or of which
I may die possessed and of all other my Personal Estate for her own use
and benefit for and during the term of her natural life subject
nevertheless as to the said messuages tenements buildings and premises
to her keeping the same in good and tenantable repair order and
condition And
upon further trust from and immediately after the decease of my said
Wife that they the said William Stigant the younger and Robert
Davies or the survivor of them his heirs executors admons or
assigns do and shall make sale and absolutely dispose of my said
freehold estate either entirely and together or in parcels by public
Auction or private Contract to any person or persons willing to become
the purchaser or purchasers thereof respectively for such price or
prices as to them the said William Stigant the younger and
Robert Davies or the survivor of them his heirs executors
admons or assigns shall seem reasonable And
for promoting and facilitating such sale or sales do and shall enter
into make and execute all such contacts agreements covenants conveyances
and assurances which he or they may deem necessary And
I declare that the receipt or receipts of them the said William Stigant
the younger and Robert Davies and the survivor of them his
heirs executors admons or assigns for any money or monies to arise by
such sale or sales as aforesaid shall effectually discharge the
purchaser or purchasers paying the same therefrom and from being
answerable or accountable for the loss misapplication or non application
thereof and from being obliged to see to the application thereof or of
any par thereof or to enquire into the necessity pr propriety of any
such sale And it is my mind and will and I do hereby direct them the
said William Stigant the younger and Robert Davies
and the survivor of them and the executors admons and assigns of such
survivor by and out of the moneys which can be first and most readily
obtained from my Personal Estate or from the sale or sales herein before
directed of my said freehold estate to pay unto each of my three
youngest Daughters namely Susan Stigant Caroline Stigant
and Mary Stigant the sum of One hundred pounds for her use
& benefit Nevertheless in case either of them shall then be under
the age of twenty one then I direct my said executors or the survivor of
them his executors or admons to retain ? such legacies respectively
amounting together to the sum of three hundred pounds in such stocks
funds or securities as the same shall be standing in at the time of the
decease of my said Wife or otherwise to invest the same in their names
or in the name of such survivor of them his executors or admons in the
purchase of stock funds in the Public funds or at interest upon real or
Government securities and that they and he do and shall stand and be
possessed of the said stock funds and securities constituting the said
legacies or which shall be purchased and taken as last mentioned Upon
trust to pay and apply the dividends interest and annual produce thereof
as and when the same shall from time to time arise and become due for
and towards the support and maintenance of such my three youngest
daughters respectively and the survivor and survivors of them until the
youngest or ? surviving or only surviving one shall attain the age of
twenty one years and from that event Upon trust to pay to each of them
the said Susan Stigant Caroline Stiganr and Mary
Stigant her said legacy or sum of One hundred pounds for her own
use and benefit And
in case any or either of them should depart this life under the said age
then I direct the legacy of each one so dying shall sink into the
residue of my Personal estate and go as I have herein after bequeathed
the same And subject to the payment or due provision ?, for the legacies
last mentioned then from and after the decease of my said Wife Upon
trust and I
do hereby give devise and bequeath the moneys to arise from the sale of
my said freehold estates and all and every the said trust stock funds
and securities And all the rest residue and remainder of my real and
personal Estate and Effects whatsoever and wheresoever unto and equally
between such of my dear Sons and Daughters Sally the now Wife of John
Fareham Thomas William Stigant the said William
Stigant Edward Stigant Catherine the now
Wife of William Taylor Elizabeth the now Wife of John
Death Harriet Stiganr George Stigant Eliza
Stigant John Stigant and the said Susan Stiganr
Caroline Stigant and Mary Stigant who shall
be living at the time of the decease of my said Wife and the lawful
child or children Girls as well as Boys of any or either of them who may
then be dead and their respective heirs executors admons and assigns in
and by equal parts and shares as tenants in common and not as joint
tenants such child or children of each one of them so deceased taking
only per stripes and not per capita (and if more than one equally
between them as tenants in common) the part of share which his her or
their Parents would have taken if living Provided always and I do direct
that from and after the decease of my said Wife and until my messuages
or tenements and hereditaments shall be disposed of as aforesaid that
they the said William Stigant the younger and Robert
Davies and the survivor of them his heirs executors admons and
assigns shall stand and be possessed of the same and the rents issues
and profits thereof upon and for the same trusts intents and purposes
upon and for which the said trustees or trustee for the time being would
in pursuance of this my Will be possessed of and invested in the moneys
to arise from the sale thereof or as near there unto as may be Provided
also and I do declare that if the trustees appointed in this my Will or
to be appointed as hereinafter mentioned any or either of them their any
or either of their heirs executors admons shall die or be desirous of
being discharged from or refuse or become incapable to act in the trusts
hereby in them respectively repose before the said trusts shall be fully
executed then and in that case and when and so often as the same shall
happen it shall ans may be lawful to and for the surviving or continuing
trustees or trustee or the executors or admons of the last surviving or
continuing trustee by any writing or writings under his or her hands and
seals or hand and seal duly executed but only by and with the consent
and approbation of my three eldest Children or three eldest surviving
Children not being trustees of this my will to be testified by some
writing under their respective hands to nominate and appoint a 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 often as any
such or trustees shall be so nominated and appointed all the trust
estates stocks moneys and premises the trustee or trustees whereof shall
so die or desire to be discharged or refuse decline or become incapable
to act as aforesaid shall be thereupon with all convenient speed
conveyed assigned and transferred in such sort and manner and so that
the same shall and may be legally and effectively made
? , 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 to the
uses ? , and inpowering ? , for the
trusts intents and purposes herein before expressed and declared of and
concerning the said estates moneys and premises of such of them as shall
be then subsisting and capable of taking effect and the person or
persons so to be appointed as aforesaid shall have all the power and
authorities of the trustee or trustees in whose room he or they shall be
substituted And
I hereby declare that the said trustee or trustees so he is by ? or to
be appointed as aforesaid shall not be answerable one for another nor
for involuntary losses and shall be allowed therein reasonable costs and
expenses occasioned in the execution of the trusts of this my will And
lastly I revoke all former Wills by me made and o declare this only to
be and contain my last Will and Testament contained in five sheets of
paper written on one side thereof only set my hand to the first sheet
thereof and my hand and seal to this the fifth and last sheet this
twelve day of February in the year one thousand eight hundred and thirty
four Wm. Stigant Signed sealed published and
declared by the said William Stigant the Testator as and
for his last Will & Testament in the presence of us who in his
presence at his request and in the presence of each other have
subscribed our names as Witnesses hereto J. Stephens
the mark X of William Record E.
B(a)rber?
Proved 24th June 1837 The name Robert Davies, as written
in the will, is actually Robert Davis