Will – Charles K 1849


LAST WILL & TESTAMENT of Charles Kingsley PROB 11/122 18th August 1849
The last will and Testament of me Charles Kingsley of Pirton in the county of Hertford yoman appoint my son George and my friend Mr John Hawkins of Hitchin are executors of this my will and guardians of my two younger children owing their respective minorities
Devise to them their heirs and assigns all such estates as I now be seized or possesses of as a trustee for other persons and not beneficiaries upon the same trusts as now hold the same also devise to them their heirs and assigns all the messuages lands tenants and real estate whosever and wheresoever of which may be seized or possessed or to which I may be entitled beneficially or of which I may have power to dispose at the time of my decease upon trust that they or the survivor of them his heirs or assigns do and shall sell and dispose thereof either by public sale or private contract their or his discrection for the most money that can reasonably be obtained for same and I direct my said trustees or the survivor of them or his heirs or assigns in life(?) manner to make sale and absolutely dispose of such past of my ? estate as shall be of copyhold tenure and to facilitate such sales I either that the conveyance and script of my said trustees or of the survivor of them or his heirs shall be a good an effortual conveyance to the purchase or purchases of the same and a sufficient surcharge for the purchase money and that no purchaser taking such conveyance and receipt shall be bound to see to the application of the purchase money or be in any way responsible for the loss application or misapplication thereof and I direct that all the monies to arise from the sale of my said real estates shall be considered as personally to all intents and purposes whatsoever and be added to and form one fund with my personal estate and give and bequest to my said executors All My Personal Estate and I direct them to sell and convert into money such part or parts thereof as shall not consist of money And after payment of my debts funeral and testamentary expenses and direct my said executors and trustees to lay out so much money in to three per cent consolidated Bank? Annuities in their own monies as that the dividends arising therefrom shall amount to the sum of one hundred pounds a year and to apply such dividends or so such thereof as may be necessary for the support and maintenance of my son Charles for his life and to suffer the residue if any to accumulate and to apply the dividends of such accummulaties in like manner and I direct that the principal (subject to his life interest therein)shall form part of the residue of my personal estate and of direct that the residue of my personal estate together with the clear(?) produce of my said real estates shall be equally divided between my other children namely Mary Ann and Jane who are both of age and Lavinia and John who are still under age the share of Lavinia to be vested on her coming of age or on the day of her marriage with the consent of her guardians which shall first happen and the share of John to be vested on his coming of age the interest of each childs expectant share to be applied in the meantime towards his or her maintenance and oduration and I authorize my executors to apply any part of my son Johns expectant share not exceeding five hundred pounds for his advancement in the world and if any or either of my said children shall die my lifetime or before the vesting of his of her share I direct that the share of such child shall go and be divided between all my children except Charles and I declare that notwithstanding my said son George is one of my executors and trustee it shall be lawful for him to buy any part of my real or personal estate by Auction or by the valuation of two indifferent persons not to be chosen by him and the other by my other executor or anaitise ? in case of disagreement and I also direct that Mr John Hawkins shall be at liberty not withstanding his being executor to make the usual professional charges for his advise and trouble in and about the execution of this my will or the trusts thereof which shall be allowed him by my said other Executor I declare that is shall be lawful for my said executors and trustees out of the money which shall come to their lands to deduct and retain all such costs charges and expences as they shall sustain or be put to in the execution or default of this my will or the trusts thereof and that written of them shall be chargeable with or accountable for any more money then he shall actually receive nor for any loss or damage which may happen by placing the said trust monies or any part thereof in any Bank or Bankers lands for safe custody or otherwise in or about the execution of this my will without his own wilful neglect or default in Witness whereof I the said Charles Kingsley the Testator have to this my will set my hand this eighteenth day of August One thousand eight hundred and forty nine C Kingsley
Signed Published and Disclosed by the said Charles Kingsley the Testator and for his last will and Testament in the precence of us both present at the same time who in his precence at his request and in the presence of each other subscribe the same as Witnesses – Fredk Hawkins Hitchin – Oswald Foster Hitchin
Proved at London the 27th Nov 1850 before the worshipful Frederick Thomas Pratt
Of Laws and surrogate by the Oath of George Kingsley the son one of the executors to whom common was granted having been first sworn duly to administer Power reserved of making the life grant to John Hawkins the other executor when he shall apply for the value

Note On the 23rd December 1853
The will amended of the goods chattels and credits of Charles Kingsley late of Pirton in the county of Hertford yeoman deceased left unadministered by George Kingsley deceased whilst living one of the executors named in this said will was granted to Mary Ann Kingsley spinster the daughter and one of the residuary legaties named in the said will having been first sworn duly ………………………………. John Hawkins the other and surviving executor having first ……………………..that probate and execution of the said will (as by oath of court appears).