Aspects of Kentish Local History

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

James SUTTON proved 1855

THIS IS THE LAST WILL AND TESTAMENT
of me James Sutton of Chatham in the County of Kent Superannuated Shipwright from Her Majesty's Dock Yard at that place which I make in manner following I appoint my friends John Watson of 54 Haymarket in the City of Westminster Baker and William Hughes of Chatham aforesaid Grocer Executors and Trustees of this my last Will And I do give and bequeath to each of them the sum of five pounds for the care and trouble he (sic) will have in and about the execution of this my Will and the trusts hereof And I give and bequeath my Mahogany double chest of drawers All the carpets in the house in which I reside and dwell One mattress one mahogany armchair One wash hand stand basin and ewer one night commode one round tea table one large tea tray all my china and earthenware two china jars one ornamental shell cut in halves two black and white ornamental shells and six small shells on the mantel piece in my living room one tea kettle All my sauce pans and other metal utensils in my large tool chest and all the articles and things in the cellar of my said dwelling house unto Thomas Evenden of Chatham aforesaid Laborer and Elizabeth Ann his Wife both now residing with me for their own absolute use and benefit And I give devise and bequeath All those my several Tenements or Dwelling houses with the Outhouses ground and appurtenances thereunto belonging situate at or near the bottom of Cage Lane in Chatham aforesaid but in that part thereof which lies in the Parish of Gillingham in the said County as the same are now in the several tenures or occupations of myself and others and all other my Real Estate whatsoever and wheresoever And also the Residue of my personal Estate unto the said John Watson and William Hughes theirs heirs executors and administrators according to the nature and terms thereof respectively Upon and for the trusts intents and purposes hereinafter expressed and declared concerning the same respectively that is to say As to my freehold tenement or dwelling house with the piece of garden ground in the rear thereof and the outhouses and appurtenances thereunto belonging situate and fronting the High Street of Chatham and in the Parish of Gillingham aforesaid and now in my own occupation Upon trust for the said Thomas Evenden and Elizabeth Ann his Wife for the term of their joint lives and the survivor of them for his or her life for their his or her own absolute use and benefit they the said Thomas Evenden and Elizabeth Ann his Wife and the survivor of them keeping the said premises in good and tenantable repair and insured from loss or damage by fire And subject to the trust hereinafter declared of the said tenement or dwelling house grounds hereditaments and premises and real estate and all my residuary personal estate Upon trust that they the said John Watson and William Hughes or the survivor of them his heirs executors or administrators or other the Trustee or Trustees for the time being of this my Will do and shall make sale and dispose of All such part and parts thereof as shall be in their nature saleable by public Auction or private Contract or partly by public sale and partly by private Contract and under and subject to such conditions and stipulations relative to the   ?   or otherwise as they or he may think fit and with full power to purchase in the said hereditament or any part thereof at any public auction and to resell the same by public or private sale without liability for any loss consequently thereupon and do and shall get in such parts of my estate as shall not be in their nature saleable and do and shall stand possessed of the whole of the moneys that may come to their or his hands by such sale or sales and getting in of my said real estate and residuary personal estate after payment thereout of my just debts funeral and testamentary expenses the legacies hereinbefore bequeathed and the expenses of proving and incident to the execution of this my Will Upon trust to pay and divide the same unto and between my Son George Sutton at present residing in Australia or other parts beyond the seas and all and every his child or children living at my decease and the child or children then living of such of them if any who shall then be deceased in and by equal parts shares and proportions   ?   the child or children of each one so deceased taking   ?   equally between them if more than one the part or share which his her or their deceased parent would have been entitled to if living And I authorise and Empower my said trustees or trustee for the time being to pay and apply the who;e or such part as they or he shall think fit of the share or shares of and in the said trust moneys which any child or children under the age of twenty one years may be entitled to and the trust lastly herein before declared or of the income thereof in and towards his her or their maintenance education or placing out in life And I declare that in case the Trustees herein named or either of them or any trustee or trustees to be appointed under this present provision shall die or desire to be discharged or refuse decline or become incapable to act in the trusts hereby declared it shall be lawful for the surviving or continuing trustee or trustees of this my Will competent to act whether declining further to act or not or for the executors or administrators of the last surviving trustee by one instrument in writing appoint any fit person or persons to be a trustee or trustees in the place of that trustee or trustees so dying or desiring to be discharged or refuse decline or become incapable to act or disdain aforesaid shall be thereon conveyed and transferred unto 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 use and upon and for the trusts intents and purposes herein before expressed and declared of and concerning the said trust estate securities moneys and premises of such of them as shall be then subsisting and undetermined and capable of taking effect And I direct and declare that the trustees or trustee for the time being of my Will shall not be answerable for each others acts or receipts nor for involuntary losses And shall be at liberty to retain   ?  , and allow to each other all expenses incident to the execution of the trusts and powers of my Will And I further direct and declare that the receipt or receipts of the trustees or trustee for the time being of my Will shall exonerate purchasers and all other persons paying or transferring moneys or funds to such trustees or trustee from all liability in respect of the application thereof And lastly I revoke all former Will or Wills by me made and so declare this only to be and contain my last Will and Testament In Witness whereof I the said James Sutton have at the foot or end of this my last Will and Testament contained in four sheets of paper written on one side thereof only and on the fourth and last sheet and at the foot or end of each preceding sheet thereof set my hand the twenty fourth day of November in the year One thousand eight hundred and fifty three James Sutton Signed by the said James Sutton the Testator and by him declared to be his last Will and Testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses thereto Matthew S. Stephens Solicitor Chatham A? Sinclair his Clerk

Proved 31st January 1855