Robert NEWNHAM
1839
THIS IS THE LAST WILL
& TESTAMENT of me ROBERT NEWNHAM of Gad's
Hill in the parish of Gillingham in the County of Kent Caulker which I
make in manner following
First I nominate &
appoint my good friend JOHN CARTER of Layfield in the said
parish of Gillingham Baker and RICHARD DUNN of the same
place Shipwright Executors hereof And I give and devise unto them the said
JOHN CARTER and RICHARD DUNN and their heirs
All those my three freehold tenements or dwelling houses with the yards
gardens and appurtenances thereunto belonging situate at Gad's Hill in the
parish of Gillingham aforesaid now in the occupation of myself JOHN
COOK and THOMAS COOK to hold the same unto the said JOHN
CARTER and RICHARD DUNN and their heirs upon trust as
soon as conveniently may be after my decease to make sale and absolutely
dispose of the said tenements of dwelling houses and premises either
entirely & 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 JOHN CARTER and RICHARD DUNN or the
survivor of them his executors and admons shall seem reasonable and for
promoting or facilitating such sale or sales I do hereby direct the said JOHN
CARTER and RICHARD DUNN and the survivor of them his
heirs executors or admons to enter into make and execute all such
contracts agreements covenants conveyances and assurances as they or he
may deem necessary I declare that the receipt or receipts of them the said
JOHN CARTER and RICHARD DUNN and the survivor
of them his executors or admons for any money or moneys to arise by such
sale or sales as aforesaid shall effectively discharge as said
And I do hereby direct that they the said JOHN CARTER
and RICHARD DUNN and the survivor of them his executors or
admons shall stand possessed of the moneys to arise from such sale or
sales and of the rents and profits of the said tenements or dwelling
houses and premises or any of them until the same shall be sold Upon the
Trusts hereafter mentioned
And I do also direct them the said JOHN CARTER
and RICHARD DUNN and the survivor of them his executors or
admons to call in all moneys due and owing to me and to make sale and
convert into money all other my Personal Estate and Effects nor consisting
of money (except my clothes & body linen which I give to my brothers WILLIAM
NEWNHAM and BENJAMIN NEWNHAM in equal parts for their
respective use and benefit) as soon as conveniently may be after my
decease
And to stand possessed of the money arising therefrom and to
be so got in and of the moneys to arise from such sale or sales of my said
freehold estate therein before directed and of the rents and profits
thereof until such sale or sales and other my moneys and effects Upon and
for the trusts intents and purposes hereinafter expressed concerning the
same that is to say
Upon trust to pay and
satisfy all my just debts funeral and testamentary charges and expenses
and the costs & charges attending or incident to any such sale or
sales And subject thereto Upon trust to pay and satisfy the legacies
hereinafter mentioned and which I give and bequeath as follows that is to
say
to my brothers WILLIAM
& BENJAMIN NEWNHAM the sum of ten pounds each to be
distributed & paid to them in such proportions and at such times as my
said Executors and the survivor of them his executors and admons shall
think fit
to my nephews EDWARD
NEWNHAM of the said parish of Gillingham Shipwright and GEORGE
FREDERICK NEWNHAM of the same parish Carpenter and to my
nieces JANE BAURE and CLARA BAURE the like sum
of ten pounds each for their respective use and benefit and to the said JOHN
CARTER and RICHARD DUNN the sum of five pounds each
for the care and trouble they will have in and about the execution of this
my Will and the Trusts thereof
And as to what may remain
of the said moneys subject to the payment and legacies herein before
directed and bequeathed and all the Rest Residue and Remainder of my
estate and effects whatsoever and wheresoever upon trust
and I do hereby give and
bequeath the same unto and equally between my dear sister BETSY KEVERN?,
of Stoke in the parish of Devonport in the County of Devon Widow and my
late Wife's nephew RICHARD THOMAS JACOB?, of Samuel?
Street Commercial Road in the County of Middlesex Letter Carrier to the
General Post Office in and by equal parts shares and proportions for their
respective use and benefit
provided always and I do
declare that if the trustees appointed in this my Will or to be appointed
as hereinafter mentioned either of them their or either of their heirs
executors or admons shall die or be desirous of being discharged from or
refuse or become unable to act in the trusts hereby in them respectively
reposed or ? the estate hereby devised
to them or him before the said trusts shall be fully Executed then and so
often as the same shall happen it shall be lawful for them or for the
surviving or continuing trustee his executors or admons by any writing
under their of his hands and seals or hand and seal duly executed to
nominate and appoint 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 declining or becoming incapable to act or
disclaim?, as aforesaid shall be thereupon with all convenient speed
conveyed assigned and transferred in such sort and manner and so that the
same shall be 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 as occasion shall require to the uses and upon and
for the trusts intents & purposes herein before expressed and declared
of and concerning the said trust estate moneys and premises or such of
them as shall be then subsisting and capable of taking effect and the
person or persons to be appointed as aforesaid shall have all the powers
and authorities of that trustee or trustees in whose room he or they shall
be substituted And I do hereby declare that the said trustees or trustee
so hereby nominated or to be appointed as aforesaid shall not be
answerable one for another nor for involuntary losses and shall be allowed
their reasonable costs and expenses occasioned in the execution of the
trusts of this my Will
And lastly I revoke all
former Will or Wills before made and do declare this only to be and
contain my last Will and Testament
In Witness whereof I the
said ROBERT NEWNHAM the Testator have at the foot or end of
this my last Will and Testament contained in three sheets of paper written
on one side thereof only set my hand the fifth day of September in the
year one thousand eight hundred and thirty eight ROBERT NEWNHAM
Signed by the said ROBERT NEWNHAM the Testator in the
presence of J. STEPHENS of Chatham Solicitor JOHN
COOK of Gillingham Dredgerman
Affidavit 15th August 1839
JOHN STEPHENS, Solicitor, on oath, states that he and
the other witness, JOHN COOK, were present together when
testator signed the will, which is the same document now before him and
which they witnessed at the same time in the testator's presence.
Proved 16th August 1839