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Will detail

Will of William Arkcoll of South Malling

Date signed: 19 Jan 1842, Probate date: 08 Apr 1843

This is the last will and testament of me William Arkcoll of South Malling in the county of Sussex - Yeoman.

I give and devise all my messuages lands, tenements, hereditaments and real estate whatsoever and wheresoever, unto and to the use of, my son William Arkcoll, now of Brighton, draper, and my friend Rowland Wood of Laughton in the said county, gentleman, and their heirs and assigns upon for and subject to the several trusts powers intents purposes hereinafter expressed or contained concerning the same, that is to say, as to, for and containing my farm lands and hereditaments called Brasses farm situate in Ewhurst in the said county upon trust to receive the rents and profits thereof and pay the same after making due deduction, for outgoings and repairs unto my reputed son James Guy Arkcoll of the Cliff, Lewes and his assigns surviving his natural life.

And after the decease of the said James Guy Arkcoll unto Elizabeth the present wife of the said James Guy Arkcoll and her assigns during her life if she shall so long remain his widow and unmarried.

And after the decease or second marriage of the said Elizabeth Arkcoll upon trust to convey and assure the said hereditaments and premises unto and to the use of all and every the child or children of the said James Guy Arkcoll living at or born after my decease who being a son shall attain the age of twenty one years or being a daughter shall attain that age or marry equally to be divided amongst them (if more than one), as tenants in common and the heirs and assigns of such child or children for ever.

And as to and concerning my farm lands and hereditaments called Barkers and Gormans farm situate in the parish of Hellingly and also my farm lands and hereditaments called Stroods situate in the parish of Chiddingly which said farm I purchased of Richard Pelling and also my lands called the Bowestall marshes in the parish of Hailsham in the said county of Sussex upon trust to receive the rents and profits thereof and pay the same after making due deductions for outgoings and repairs unto the proper hands of my reputed daughter Hannah the wife of Spencer Ades now residing with me during her natural life, for the sole and separate use and independently of the debts and control of her present or any future husband and for which the receipts alone of the said Hannah Ades signed with her own hand shall notwithstanding coverture be a sufficient discharge.

And in case the said Hannah Ades shall die without leaving issue living at her decease, then upon trust upon her decease out of the rents and profits of the said hereditaments and premises, to raise and pay the annual sum of forty pounds unto the said Spencer Ades and his assigns surviving his natural life by equal half yearly payments on the twenty fourth day of June and the twenty fifth day of December in every year making the first payment thereof on such of the said days as shall first happen after the decease of the said Hannah Ades.

But in case the said Hannah Ades shall die and leave issue living at her decease, then upon trust after her decease, to pay the rents and profits of the said hereditaments and premises unto the said Spencer Ades and his assigns surviving his natural life.

And after his decease upon trust to convey and assure the said hereditaments and premises unto and to the use of all and every the child or children of the said Hannah Ades living at or born after my decease who, being a son, shall attain the age of twenty one years or being a daughter shall attain that age or marry, equally be divided amongst them if more than one, as tenants in common, and the heirs and assigns of such child and children for ever.

And as to and concerning all the residue of my lands, hereditaments and real estate not herein before disposed of and also as to the said hereditaments and premises hereinafter devised or failure of the trusts and limitations herein before declared concerning the same in trust or for the absolute use of my son William Arkcoll and his heirs and assigns for ever.

And if my said Trustees shall think it advisable at any time to sell and cut down any timber or other trees upon my said farms and premises in Ewhurst, Hellingly and Chiddingly, other than such as shall be required for the necessary repairs thereof, I direct that the produce of such timber shall be invested in Government or real securities in trust for the person or persons who shall first become entitled in possession to the xxsritaxre [– very difficult to read, written in small, faint script above the usual text – x means letter unknown] of the said land and hereditaments for which the same shall have been felled and that in the meantime the interest and dividends of such securities shall be paid to the person or persons who shall for the time being be entitled to the rents and profits of the said hereditaments and premises, provided always that it shall be lawful, for my trustees hereinafter named or the trustees for the time being of my said hereditaments and real estate, if they shall think proper.

And I thereby authorize them at their discretion to make sale and dispose of the said hereditaments and premises called Brasses after the decease of the said James Guy Arkcoll and Elizabeth his wife, and the said hereditaments called Barkers, Gormans, Stroods and the Bowestall marshes after the decease of the said Spencer Ades and Hannah his wife or any part of the said premises either by public auction or by private contract together or in lots and to convey and assure the same, when sold, unto the purchasers thereof and his heirs or otherwise as he may direct, freed and discharged from the trusts and limitations hereinbefore contained, and the receipts in writing of my said trustees for the time being, for the said hereditaments and premises for the purchase money thereof shall be a sufficient discharge to the purchasers of the said hereditaments and premises for so much of their purchase money as in such receipts shall be acknowledged to be received and such purchaser shall not afterwards be answerable for the application or non-application thereof.

And I direct and declare that the trustees, for the time being, of my said hereditaments and real estates, shall stand possessed of and be interested in the moneys to arise by the sale of such hereditaments and real estate or any part thereof in trust for such person or persons as would first become entitled in possession to the inheritance of the said hereditaments and real estates, and that in estates under the trusts and limitations hereinbefore contained, in case the same has not been sold. And that in the meantime, the interest and dividends of such monies and of the securities whereon the same shall be invested, shall belong and be paid to, the person or persons who would for the time being, be entitled to the rents and profits of the said hereditaments and real estate in case the said had not been sold and in such shares and proportions as such persons would be so entitled.

And I direct my executors or administrators, within twelve months after my decease, to apply and expend the sum of four hundred pounds, part of my personal estate, in or towards the building a washhouse or such repairs or improvements of the said washhouse and buildings on my said farm and lands in Hellingly as they shall think proper.

Also I give unto the said Hannah Ades the legacy or sum of three hundred pounds to be paid to her within six months after my decease.

Also I give unto the said Hannah Ades all the farming stock cattle, implements of husbandry, crops, agricultural produce and assets which may be in or upon my said farms and lands called Barkers and Gormans in Hellingly and the Bowestall marshes in Hailsham at the time of my decease. And if the same taken, according to the custom of the county, shall not amount in value to the sum of four hundred pounds, then I give unto the said Hannah Ades such further legacy or sum as together with the value of the said assets will amount to four hundred pounds, the same to be paid to her within six months after my decease.

And I direct my executors and administrators for the time being, to retain out of my personal estate, the sum of five hundred pounds sterling and to stand possessed thereof upon the trusts following (that is to say) upon trust to pay the interest, dividends and annual produce unto my said son James Guy Arkcoll during his natural life.

And from and after the decease of my said son James Guy Arkcoll upon trust to pay the interest, dividends and annual proceeds of the said trust monies unto Elizabeth the present wife of the said James Guy Arkcoll during her life, if she shall so long continue his widow.

from and after the decease or second marriage of the said Elizabeth Arkcoll, which shall first happen, then upon trust, to pay, distribute and divide the said sum of five hundred pounds or the funds and securities in or upon which the same shall be invested into and amongst all and every the child and children of the said James Guy Arkcoll living at or born after my decease, who being a son shall attain the age of twenty one years or being a daughter shall attain that age or marry, equally to be divided amongst such children if more than one share and share alike.

And in case there shall be no child of the said James Guy Arkcoll who shall live to acquire vested interest in the said sum of five hundred pounds, then I direct that the same shall sink into and be applied as part of the residue of my personal estate.

And I direct my executors or administrators for the time being, to retain out of my personal estate, the further sum of five hundred pounds sterling and to stand possessed thereof upon the trusts following (that is to say) upon trust to pay interest, dividends and annual proceeds thereof, into the proper hands of my said daughter Hannah Ades during her life, or otherwise to permit her to receive the same for her sole and separate use independently of the debts or control of her present or any future husband, and for which the receipts alone of the said Hannah Ades shall, not withstanding coverture, a sufficient discharge.

And after the decease of the said Hannah Ades upon trust in case she shall leave any issue living at her decease, to pay the interest, dividends and annual proceeds of the said trust monies unto the said Spencer Ades during his life.

And from and after the decease of the said Spencer Ades upon trust to pay, distribute and divide the said last mentioned sum of five hundred pounds or the funds and securities in or upon which the same shall be invested unto and amongst all and every, the child and children of the said Hannah Ades living at or born after my decease, who being a son, shall attain the age of twenty one years or being a daughter, shall attain that age or marry, equally to be divided amongst such children (if more than one) share and share alike.

And in case there shall be no child of the said Hannah Ades who shall live to acquire a vested interest in the said sum of five hundred pounds, then I direct that the same shall sink into and be applied as part of the residue of my personal estate subject nevertheless to supply and make good the said annuity of forty pounds therein before given to the said Spencer Ades for his life, out of the said lands and hereditaments in Hellingly and Hailsham.

If the rents and profits of the same lands and hereditaments alone are not sufficient then I direct my said executors and administrators, for the time being, to retain out of my personal estate the further sum of eight hundred pounds sterling and to stand possessed thereof upon the trusts following (that is to say) upon trust to pay and apply the interest, dividends and annual proceeds thereof towards the maintenance and education and advancement of my grandson, Charles Arkcoll, a son of the said James Guy Arkcoll and whom I have brought up, until he shall attain the age of twenty four years if he shall so long live.

And in case the said Charles Arkcoll shall live to attain the said age of twenty four years, upon trust to pay and transfer the said sum of eight hundred pounds and the securities upon which the same shall be invested unto the said Charles Arkcoll absolutely.

But in case the said Charles Arkcoll shall happen to die before he shall have attained the said age of twenty four years, then from and after his decease, as to one equal half part of the said sum of eight hundred pounds and the securities upon which the same shall be invested, upon trust and for the absolute use and benefit of my said son William Arkcoll and his executors and administrators.

And as to the other equal half part thereof upon and for such or the like trusts intents and purposes as are therein before declared for the benefit of the said Hannah Ades and others of or concerning the said last mentioned sum of five hundred pounds.

Also, I give all my household furniture, goods, chattels and assets not consisting of money or securities for money which shall be in or about my dwelling house at the time of my decease unto my said son William Arkcoll and the said Hannah Ades equally to be divided between them, share and share alike,

And after and subject to the payment of my debts and funeral and testamentary expenses and the legacies hereinbefore given, I give all the rest and reside of my money securities for money and personal estate whatsoever and wheresoever unto my said son William Arkcoll and his executors and administrators absolutely.

And I constitute my said son William Arkcoll and Rowland Wood joint executors in trust of this my will.

And I authorize and direct my said executors and administrators and trustees for the time being, from time to time, to invest and place out at interest in or upon any of the public stocks or funds or in or upon any real security or securities which they shall think proper all or any sums of money which shall come into their hands or power in the performance and execution of this my will or by reason or means thereof and from time to time to sell out or call in and reinvest or replace the same at interest as aforesaid.

And I authorize and direct my executors, administrators and trustees for the time being, during the minority of the said Charles Arkcoll or of any other child or children of the said James Guy Arkcoll or Hannah Ades who may be entitled in expectancy under this my will to any estate, legacy or share to pay and apply the annual produce of such estate, legacy or share for or towards the maintenance, education or support of the said Charles Arkcoll or such other child or issue.

And that so much thereof as shall not be so applied shall accumulate at interest and be attendant upon and go along with the estate share or principal from which it shall have arisen and be made over and belong to the person or persons who shall become entitled to such estate, share or principal provided always.

And I thereby declare and direct than when and so often as any trustee acting under this, my will, shall depart this life or desire to be discharged from or decline or become incapable to act in the trusts hereby in reposed in this a new trustee shall be appointed in his stead by the trustee or trustees surviving or continuing to act in the said trusts or by the last acting trustee his executors or administrators and the several trust estates funds and securities for the time being subject to the trust of this my will shall from time to time be conveyed and transferred so as to be vested in the acting trustees or trustee for the time being thereof and every such new trustee should or may act or assist in the management or execution of the trusts herein declared and shall and may have and exercise the same powers and discretion in all respects as if he had been originally appointed a trustee of this my will and declare that my executors, administrators and trustees for the time being shall not be answerable or accountable to the acts, deeds or defaults of each other nor for any loss that may happen by the failure of securities or by any other ways or means whatsoever without his or their respective willful neglect or default and I further authorize and empower my said executors, administrators and trustees for the time being in the first place to make and retain to himself and themselves respectively out of the said trust, premises respectively, all such costs and expenses as they shall respectively pay or sustain in or about the performance and execution of this my will and lastly I revoke all former wills by me at any time heretofore made in testimony whereof I the said William Arkcoll the testator have set my hand to the six first sheets of this my last will and testament contained in seven sheets of paper and my hand and seal to this the seventh and last sheet thereof the nineteenth day of January one thousand eight hundred and forty two. William Arkcoll – signed, sealed, published and declared by the above named William Arkcoll the testator as and for his last will and testament in the presence of us wherein his presence and at his request have hereunto subscribed our names as witnesses.

John Edward Fullagar, Walter Home Fullagar of Lewes.

This is a codicil to be added to and taken as part of the last will and testament of me William Arkcoll of South Malling in the county of Sussex, yeoman, which will bears date on or about the … day of January one thousand eight hundred and forty two.

I have, by my said will, directed my executors or administrators to stand possessed of a sum of five hundred pounds upon trust to pay the interest thereof unto my late son James Guy Arkcoll (since deceased), for his life and after his decease unto his then wife Elizabeth Arkcoll (now his widow) surviving her widowhood, and after her decease or second marriage, to pay the said sum of five hundred pounds unto the children of the said James Guy Arkcoll as therein mentioned. And whereas my said son James Guy Arkcoll hath lately departed this life leaving five children, now I do thereby give and bequeath unto each and every child of the said James Guy Arkcoll who being a son shall attain the age of twenty one years or being a daughter shall attain that or marry, the legacy or sum of one hundred pounds part of the said sum of five hundred pounds and interest my executors and administrators to pay the said legacies out of the said sum of five hundred pounds within six months after my decease, each such son as shall be under the age of twenty one years so soon afterwards as he shall attain that age and to each such daughter as shall then be under the age of twenty one years and unmarried so soon afterwards as she shall attain that age or marry notwithstanding the said Elizabeth Arkcoll may be living and subject thereto.

I confirm my said will in all respects in xxx whereof I the said William Arkcoll the Testator have to this codicil to my said last will and testament set my hand and seal the fourteenth day of July in the year of our Lord one thousand eight hundred and forty two.

William Arkcoll – signed, sealed, published and declared by the above named William Arkcoll the stator and for a codicil to his last will and testament in the presence of us who in his presence and at his request have hereunto subscribed our names as witnesses – J. Edw. Fullagar, Walter Home Fullagar

Proved at London with a codicil 8th April 1843 before the worshipful Jesse Adams doctor of laws and surrogate by the oath of William Arkcoll the son, one of the executors to whom the administration was granted having been first sworn duly to administer power reserved of making the like grant to Rowland Wood the other executor when he shall apply for the same.

Transcribed by:

Domonic Motto.

Source:

Unknown.

This will also mentions these parishes:

Brighton, Ewhurst, Laughton, Lewes, St Thomas at Cliffe, Hellingly, Chiddingly, Hailsham.

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