Susannah Allchin - 1842

This is the last Will and Testament of me Susanna Allchin of East Malling in the County of Kent Spinster made published and declared the twenty third day of March one thousand eight hundred and thirty nine.

First I constitute and appoint my nephew Thomas Allchin (son of my late brother Henry Allchin deceased who had issue three sons only (that is to say) the said Thomas Allchin William Henry Allchin and George Allchin both deceased) and my grand nephews William Henry Allchin and Thomas Hubbard Allchin (two of the eight only children of my said late nephew William Henry Allchin Surgeon and Apothecary) Executors and Trustees of this my will and I desire my funeral to be conducted in a manner corresponding as nearly as may be with that of my late sister Margaret Allchin and that I be laid in the same grave with her and on the stone over it there be engraved a suitable inscription to my memory and I enjoin upon my said Executors that they thereforth take due care in maintaining the said stone and keeping my grave clear from weeds and otherwise in decent state and order an injunction which I am desirous of extending in regard to the headstones and graves of all my departed relatives but I do not expressly charge any part of my real or personal estate for the purposes aforesaid (excepting the expenses incurred in my own funeral and the engraving the inscriptions aforesaid which I expressly charge on my residuary personal estate) fulling (…..) upon the good feeling of my said Executor to fulfil these my wishes without such obligation.

Also I give and bequeath unto my said nephew Thomas Allchin the sum of nine thousand pounds sterling money to and for his own absolute use and benefit to be paid to or retained by him within three calendar months next after my decease And whereas by Indentures of Lease and Release bearing date respectively the twenty ninth and thirtieth days of June one thousand eight hundred and thirty one and respectively made between Ann Middleton of East Malling aforesaid widow of the one part and my late sister Margaret Allchin of the other part the said Ann Middleton released and conveyed certain messuages or tenements and premises at or near a certain place called East Malling Cross in the parish of East Malling aforesaid with the appurtenances unto and to the use of my said late sister Margaret Allchin her heirs and assigns forever by way of mortgage with power of sale for securing to my said late sister Margaret Allchin her Executors Administrators and Assigns the payment of the principal sum of two hundred and thirteen pounds and interest at five pounds per cent per annum and whereas by Indentures of Lease and Release and assignment bearing date respectively the nineteenth and twentieth days of January one thousand eight hundred and thirty two and respectively made between my said late sister Margaret Allchin of the one part and me of the other part my said late sister Margaret Allchin in consideration of the natural love and affection she bore to me and for a nominal consideration in money expected to be paid by me to her assigned the said principal sum of two hundred and thirteen pounds and all interest when due and thereafter to become due (…….) to me my executors administrators and assigns absolutely and released and conveyed the said mortgaged hereditaments and premises with the appurtenances unto and to the use of me and my heirs and assigns forever subject to such equity of redemption as the said mortgaged hereditaments and premises were then subject or liable to. And whereas I am now and for some time past have been mortgagee in possession and as such in receipt of the rents and profits of the said mortgaged hereditaments and premises and have lately expended in the repairs of and otherwise the said mortgaged hereditaments and premises the sum of two hundred pounds sterling or thereabouts. Now I do by this my Will give devise and bequeath all and every the principal and interest moneys now due and hereafter to become due upon or by virtue of the said mortgage security including such expenditure by me as aforesaid or in respect of the said mortgaged hereditaments and premises and all interest due and to become due (…….) and also the said mortgaged hereditaments and premises and all my estate and interest whatsoever in the same moneys hereditaments and premises unto and to the use of my said nephew Thomas Allchin his heirs executors administrators and assigns according to the nature and quality of the same hereditaments and premises respectively to and for his and their own use absolutely subject only to such rights and equity of re-occupation as the said mortgaged hereditaments and premises are now subject to provided always that in the event of my having otherwise disposed of the said mortgage and other moneys or of the said mortgaged hereditaments and premises at the time of my decease then I give and bequeath unto my said nephew Thomas Allchin the sum of four hundred pounds sterling money to be paid to or retained by him on the expiration of three calendar months next after my decease as an equivalent for the devise and bequest herein before (……) of the said mortgaged hereditaments and premises and the said mortgage and other money secured by the said mortgage security.

Also I give and bequeath the sum of one thousand five hundred pounds sterling money to each of my grandnieces Mary Ann Allchin and Elizabeth Allchin the two daughters and only children of my said nephew Thomas Allchin for her own absolute use respectively to be vested interests in and payable to them respectively on their respectively attaining the age of twenty one years the interest and at annual produce of the said legacies respectively or a competent part (……………) respectively in the discretion of the trustee or trustees for the time being of this my will to be applied until payment for or towards the respective maintenance education and bringing up of my said grandnieces or (…….. such discretion as aforesaid) to be accumulated for their respective benefit and advantage and in case either of them my said nieces shall die under the age of twenty one years then I give and bequeath the legacy of her so dying together with the accumulations thereof (if any) and the (……..) income and annual produce thereof respectively unto the survivor of them my said grandnieces such income and annual produce to be appropriated and disposed of by the trustees or trustee for the time being of this my will for the benefit of such survivor during her minority in such manner as herein before declared concerning the income and annual produce of her original share.

Also I bequeath to each of my eight grandnephews and grandnieces the said William Henry Allchin and Thomas Hubbard Allchin and James Allchin Alfred Allchin Elizabeth Allchin Susanna Allchin Louisa Allchin and Ann Margaret Allchin (the eight only children of my said late nephew William Henry Allchin) the sum of one thousand five hundred pounds sterling for his and her own absolute use respectively to be vested interests in and payable to them respectively on their respectively attaining the age of twenty one years each or the like power of maintenance (…………..)in the (…………..) and with such or the like benefit of survivorship between them as (……………..) declared and contained in regard to the said legacies of one thousand five hundred pounds each hereintofor bequeathed to my said grandnieces Mary Ann Allchin and Elizabeth Allchin. And whereas in addition to the said respective legacies to and other the benefits which may be derived by the said last mentioned eight legatees under this my will it has been my desire and intention that each of them should have applied to his and her respective benefit at my discretion during my lifetime the sum of one hundred and twenty five pounds sterling and I have accordingly placed to the credit of each of them in an account book marked A and called “An account of money given by Susanna Allchin to Doctor Allchin’s family” the sum of one hundred and twenty five pounds under the date of the nineteenth day of August one thousand eight hundred and thirty four each of such sums carrying interest from that day in favour of such eight legatees respectively at five pounds per cent per annum and I have hitherto in the said account book and accounts accounted for such interest to each of the said eight legatees and have paid to some of them portions of the principal of such sums of one hundred and twenty five pounds all of which appears by the said accounts in the said account book marked A and at the time of my decease it may appear by such amounts that I have paid to all or some of them the whole of such principal sums of one hundred and twenty five pounds and interest respectively.

And I direct my said Executors and Trustees to inspect accounts immediately after my decease and if it shall appear thereby that any money be due to my said eight legatees or to any or either of them for principal and interest or both or either of them respectively shall within three calendar months next after my decease be paid to such of them as may then have attained the age of twenty one years and to the others of them when they shall respectively have attained that age or sooner if my executors and trustees for the time being of this my will shall in their discretion think fit the interest thereof respectively in the meantime to be applied for the benefit of such of them as shall not have attained the age of twenty one years. At the expiration of such three calendar months at the discretion of such Executors and Trustees and the principal moneys so appearing as aforesaid or any or either of them and which shall not be paid at the expiration of such three calendar months as aforesaid shall rate of interest at five pounds per cent per annum until the time or respective times of the actual payment thereof respectively also I give and bequeath unto my said trustees and executors the sum of one thousand and one hundred pounds sterling upon trust to invest the same in or upon any of the public stocks funds or securities of the United Kingdom or upon any real securities in England with liberty at discretion to vary and transpose the investments from time to time for any other investments of the preceding description and as to six hundred pounds sterling (part of the said principal trust money) and the stocks funds and securities for the same upon trust to pay to or empower Elizabeth Allchin the widow of my said late nephew William Henry Allchin to receive the annual income thereof during her life or widowhood and immediately upon from and after her death or marriage whichever shall first happen upon trust to pay and transfer the said last mentioned principal trust money and the stocks funds and securities for the same unto and equally between such of my eight grandnephews and grandnieces the children of my said nephew the said William Henry Allchin as shall be living at the time of such death or marriage to and for their own absolute use respectively and as to the sum of five hundred pounds (residue and remaining part of the principal trust money or sum of one thousand and one hundred pounds) upon trust to pay the interest and annual produce thereof to and for the maintenance education and bringing up of my grand nephew George Thomas Sanders Allchin the only son of my late deceased nephew George Allchin another son of my said late brother Henry Allchin deceased or at the discretion of the executors or trustees for the time being of this my will to accumulate such interest and annual produce for his benefit until he shall attain the age of twenty one years. Upon trust to pay and transfer the said last mentioned principal trust (……….) and the stocks trusts and securities for the same and all dividends and interest that may be due thereon and all accumulations thereof unto the said George Thomas Sanders Allchin to and for his own absolute use. But in case the said George Thomas Sanders Allchin shall die before attaining the age of twenty one years then immediately upon the happening of that event upon trust to pay and transfer the said last mentioned principal trust money and the stocks funds and securities for the same unto and equally between such of them my said nephew Thomas Allchin and the said eight children of my said late nephew William Henry Allchin as shall be living at the time of the death of the said George Thomas Sanders Allchin to and for their own absolute use and benefit respectively.

Also I give and bequeath all my wearing apparel jewels and trinkets unto and equally between the said two daughters of my said nephew Thomas Allchin and the said four daughters of my said deceased nephew William Henry Allchin for their own absolute use the division thereof to be made by some competent person or persons to be selected by my said trustees and executors at their sole discretion and the division when made to be final and binding on my said six grandnieces.

Also I give and bequeath the use of the tenants fixtures in the house in which I now reside to my nephew the said Thomas Allchin for his life and I direct two inventories thereof to be made one part whereof to be kept by the said Thomas Allchin and the other part by the trustees or trustee for the time being of this my will (other than the said Thomas Allchin) and from and after the decease of the said Thomas Allchin I give and bequeath the said tenants fixtures unto and equally between the said two daughters of the said Thomas Allchin for their own use absolutely.

Also I give and bequeath all my linen (except what I have herein before bequeathed) unto and equally between my said grandnephews William Henry Allchin and Thomas Hubbard Allchin for their own use absolutely also I bequeath all my plate and plated articles unto and equally between my said grandnephews and Grandnieces (children of my said nephew William Henry Allchin) namely the said James Allchin Alfred Allchin Elizabeth Allchin Susanna Allchin Louisa Allchin and Ann Margaret Allchin for their own absolute use.

Also I bequeath all my wine and spirits with the bottles and casks containing them and also all other my consumable stores to my said nephew the said Thomas Allchin to and for his own absolute use also I give and bequeath all the rest and residue of my household goods and implements of household glass china and books unto and equally between the said eight children of my said deceased nephew William Henry Allchin to and for their own absolute use and benefit respectively.

Also I give and devise all my real estate (except estates vested in me as trustee or mortgagee) and I bequeath all the Rest and Residue of my ready money and securities for money debts goods chattels and personal estate whatsoever and wheresoever unto my said trustees and executors their heirs executors administrators or assigns respectively. Upon trust to sell my real estate together or in parcels by public auction or private contract and to invest and get in my residuary personal estate and to pay and divide the same and the rents issues interest and profits therof respectively until sold and converted unto and equally between such of them my said nephew Thomas Allchin and the said eight children of my said late deceased nephew William Henry Allchin as shall be living at the time of my death for their absolute use and benefit respectively to be vested interests in them respectively immediately upon my decease and payable to such of them respectively as may be then under the age of twenty one years on their respectively attaining the age of twenty one years the interest and annual produce of the said shares of those under age or a competent part thereof respectively in the discretion of the trustees or the trustee for the time being of this my will to be applied until payment for or towards their respective maintenance education and bringing up or in such discretion as aforesaid to be accumulated for their respective benefit and advantage and I empower the trustees or trustee for the time being of this my will  to give receipts for all moneys and effects to be paid or delivered to such trustees or trustee by virtue of my will and declare that any such receipts shall exonerate the persons taking the same from liability to see to the application or disposition of the moneys or effects therein mentioned and it is my express desire that my affairs be wound up as soon as possible after my decease and I hereby give to the trustees or trustee for the time being of this my will the same powers of investment and of altering and transferring investments in regard to all such legacies as shall not be payable at my decease as is hereinbefore contained in regard to the said one thousand and one hundred pounds trust money hereinbefore bequeathed and I do hereby expressly declare that the benefits and provisions to be derived by my said trustees and executors under this my will are intended for and shall be taken by them respectively over and above all costs and charges they may respectively be put to in the execution of the trusts thereof.

And I give and devise all messuages lands tenements hereditaments and premises vested in me as mortgagee or trustee in fee or otherwise (except the said mortgaged estate hereinbefore devised to the said Thomas Allchin) unto and to the use of my said nephew Thomas Allchin and grandnephews William Henry Allchin and Thomas Hubbard Allchin theirs heirs executors administrators and assigns subject to the trusts and equities affecting the same respectively and to the purposes of this my will and I direct that the trustees or trustee for the time being of this my will shall have power at their and his discretion to settle my accounts and wind up my affairs and in so doing to make such arrangements relative to debts or demands due or claimed to be due to or from my estate as they or he shall judge expedient with liberty to accept compositions or securities from and grant indulgences to debtors and wholly to release property mortgages of premises or part payment of the money secured and to admit the claims of creditors on evidence not strictly legal and to pay demands which may have become barred by any statutory or other limitations and also to submit questions and disputes relative to my estate and accounts to arbitration and in case my said executors or trustees or either of them shall on my decease renounce probate or the trusts of this my will or in case any trustees or trustee for the time being of this my will shall die or become unwilling or unable to act in the execution of the trusts of this my will or shall cease to reside in England then I empower the other Executors or Trustees Executor or Trustee appointed by this my will or to be appointed under this power or the surviving or continuing trustee as the case may be or require or in default of any such (……..) then the remaining trustees or trustee or the executors or administrators of any surviving trustee as the case may be by any writing to nominate a new trustee or new trustees for the purposes of filling such vacancy or vacancies and such new trustee or trustees shall have the same powers in all respects as the trustees hereby appointed and I direct that the respective trustees for the time being of this my will shall be responsible only for so much money or shall route to their own respective hands and that they may not be answerable for involuntary losses nor for the acts deeds or defaults of each other and I expressly and especially declare that any trustee who shall pay over to his co-trustee or shall do or concur in any act (……ing) in him to receive any monies with a view to the general purposes of this my will or for any definitive or prescribed purpose authorised by me shall not be obliged to see to the due application thereof nor shall such trustee be subsequently tendered responsible by any express notice or intimation of the actual misapplication of the same moneys.

Nevertheless I declare that this clause shall not in any manner be construed to restrict the power of any trustee require from his co-trustees or co-trustee an account of the application of the moneys in their or his hands or to insist on their or his replacing any sum or sums which such trustees or trustee may have misapplied my sole intention being to relieve my trustees from the operation of (……..   ……….) of equity which renders one trustee liable to make good monies misapplied by his co-trustee being convinced that this exemption from loyal responsibility will not induce them to abate their friendly vigilance.

And I empower the trustees or trustee for the time being of this my will to retain and (…….) to cover other the costs and expenses incurred in the execution of the (……..) of this my will or in relation to thereto and I direct that any trustees or trustee of this my will who shall be a Solicitor or Solicitors shall be allowed all professional charges which if employed as the Solicitor or Solicitors to my trustees not being themselves or himself or a trustee they or he would be entitled to make.

And I revoke all former wills by me at any time heretofore made and do declare this to be my last will and testament. In witness whereof I the said Susanna Allchin the testatrix have to this my last Will and Testament contained in the ten sheets of paper and to every sheet thereof set my hand dated the day and year first above written. Susanna Allchin Signed by the above named Susanna Allchin as and for her last Will and Testament in the presence of us present at the same time who in her presence and in the presence of each other have hereunto subscribed our names as (……………..) witnesses thereto. Thos Selby Silas Norton Town Malling Kent Solicitor

This is a First Codicil to the last Will and Testament of me Susanna Allchin of East Malling in the County of Kent Spinster which I made published and declared on or about the twenty third day of March one thousand eight hundred and thirty nine . Whereas I have by my said will given and bequeathed to my nephew Thomas Allchin the sum of nine thousand pounds sterling money to and for his own absolute use and benefit to be paid to or retained by him within three calendar months next after my decease. Now I do hereby revoke the said Legacy and in lieu thereof do hereby give and bequeath to my said nephew Thomas Allchin the sum of eight thousand pounds sterling money to be paid to or retained by him for his own absolute use within three calendar months next after my decease and I do hereby give and bequeath to my nephew Thomas Allchin and my grandnephews William Henry Allchin and Thomas Hubbard Allchin the three Executors named in my said will the sum of one thousand five hundred pounds sterling money upon trust to invest the same in or upon any real securities in England with liberty at discretion to vary and transpose the investments from time to time for any other investment of the like nature.

And as to one thousand pounds sterling part of the said principal trust money and the stocks funds and securities for the same upon trust to pay into the proper hands of Mary Ann Allchin the wife of my said nephew Thomas Allchin the income thereof during her life for her sole and separate use free from the debts control and intermeddling of her present or any future husband and her receipt alone to be from time to time a good and sufficient and the only discharge for the same and upon and immediately after her decease upon trust to pay transfer and assign the said last mentioned principal trust money and the stocks funds and securities for the same unto and equally between my two grandnieces Mary Ann Allchin and Elizabeth Allchin (the two daughters of my said nephew Thomas Allchin and Mary Ann his wife) to be vested interests in and payable and paid to them respectively on their respectively attaining the age of twenty one years the interest and annual produce of their respective shares or a computed part of such interest and annual produce in the discretion of the trustees or trustee for the time being of my said will to be applied until payment for or towards the respective maintenance education and bringing up of my said two grandnieces or (in such discretion as aforesaid) to be accumulated for their respective benefit and advantage and in case either of them my said two grandnieces shall died under the age of twenty one years then I give and bequeath the share of her so dying together with the accumulations thereof (if any) and the future income and annual produce thereof unto the survivor of them my said two grandnieces such in come and annual produce to be appropriated and disposed of by and the trustees or trustee for the time being of my said will for the benefit of such survivor during the minority in such manner as hereinbefore declared concerning the income and annual produce of her original share.

And as to five hundred pounds sterling (the residue or remainder of the said principal trust money or sum of one thousand five hundred pounds) Upon trust to pay assign and transfer the same and the stocks funds and securities for the same unto my grandniece Elizabeth Allchin (one of the daughters of my late nephew William Henry Allchin) on her attaining the age of twenty one years the interest and annual produce thereof or a competent part of the said interest and annual produce in the discretion of the trustees or trustee for the time being of my said will to be applied in the meantime for or towards the maintenance education and support of my said last mentioned grandniece or (in such discretion as aforesaid) to be accumulated for her benefit and advantage and in case my said grandniece Elizabeth Allchin shall die under the age of twenty one years then I direct that immediately upon her decease the said last mentioned trust money or sum of five hundred pounds and the stocks funds and securities for the same shall sink and form part of my residuary personal estate and follow the trusts of my bequest in my said will contained of my residuary personal estate.

And I bequeath two dozen bottles of home made wine to the said Mary Ann the wife of my said nephew Thomas Allchin for her own use and two dozen bottles of home made wine to Elizabeth Allchin the widow of my said late grandnephew William Henry Allchin for her own use.

And I hereby confirm and republish my said will except as aforesaid and except also as to five hundred pounds trust money mentioned in my said will the trust whereof are therein declared in favour of my late grandnephew George Thomas Sanders Allchin son of my late nephew George Allchin and which trust money by reason of the decease since the date of my said will of the said George Thomas Sanders Allchin I desire shall sink into and become part of my residuary personal estate and follow the trusts of the bequest in my said will contained in my residuary personal estate.

In witness whereof I have to this first codicil to my said will and to every sheet thereof set my hand this eighth day of November one thousand eight hundred and forty two. The mark X of Susanna Allchin. Signed by the said Susanna Allchin as and for a first codicil to her last will and testament in the presence of us present together at the same time was in her presence and in the presence of each other have hereunto subscribed our names as attesting witnesses thereto Thos Selby East Malling Kent Attorney Peggy Allchin of East Malling Kent Spinster

Proved at London with a Codicil the 19th December 1842 before the Judge by the oaths of Thomas Allchin the nephew and William Henry Allchin and Thomas Hubbard Allchin the greatnephews the Executors to which Admin was granted having been first sworn by Commission to administer.