Will of William Godfrey of Chatham

Date: 13 Mar 1844 to 7 Jan 1846
Location: Chatham, Kent, England
Surname/tag: Godfrey

Transcription of the Will of William Godfrey of Chatham from a digital imageHardman-1532 11:05, 21 December 2021 (UTC)^[1]

“This is the last Will and testament of me William Godfrey of Chatham in the county of Kent gentleman which I make in manner following that is to say First I nominate and appoint my dear wife Catherine Godfrey executrix and my dear son William Hindes Godfrey my son-in-law Alexander Clunie of Clapham in the county of Surrey gentleman and my good friend George Ffidler of the parish of Saint Margaret next the city of Rochester gentleman executors hereof and I direct that my mortal remains be [?]ntly and privately interred by and at the discretion of my said executrix and executors and that my death and funeral and testamentary expenses be paid as soon as reasonably may be after my decease and I give and bequeath unto my said wife Catherine Godfrey all my household goods and furniture plate linen and media books prints and pictures wines and liqours which shall be in and about my dwellinghouse and belonging to me at the time of my decease for her use during her life without being liable for any drop or diminution of the same and with full power to sell and dispose of any part thereof for her own benefit and from and immediately after her decease I direct that the said household goods and furniture and other effects or what shall be remaining of the same be sold and the the net produce arising therefrom be paid and divided unto and equally between my said son William Hindes Godfrey and my said daughter Mary Beckwith Clunie wife of the said Alexander Clunie and I give and bequeath to him the said William Hindes Godfrey my gold watch with its appendages to be delivered to or retained by him on my decease and to the said Mary Beckwith Clunie from and after the decease of my said wife my own framed portrait but in the event of her decease in the life time of her said husband the said portrait to become the property of my said son William Hindes Godfrey and I give and bequeath to the said George Ffidler the sum of nineteen pounds nineteen shillings for the rate and handle he will have in and about the execution of this my Will and the huold thereof and I give and bequeath all and every my freehold and leasehold messuages or tenements lands and hereditaments situate in Chatham aforesaid or aforehere stud all my ready money and securities for money moneys due to me upon mortgage bond bill note or otherwise and all and every the shares funds and securities and company of the Bank of England at the time of my decease and all other [?] and effects not hereuntofore specifically disposed of unto them the said Catherine Godfrey William Hindes Godfrey Alexander Clunie and George Ffidler their heirs executors and administrators upon trust to make sale of and yet in and revert unto money such part or parts thereof as to them my said trustees or the survivors or survivor of them or the executors or administrators of such survivor may appear advisable so to do and to pay out the money arising therefrom in their his or her name or names in the purchase of stock in the public funds of Great Britain or at Interest on Real security with full power to alter vary and transpose the stocks funds and securities so to be purchased or taken and any other my stocks funds or securities into stocks or securities of a like nature studd or to them my said trustees and the survivors and survivor of them and the executors or administrators of such survivor to stand and be possessed of the said messuages or tenements lands and hereditaments stocks funds and securities and other estate heretofore respectively devised and bequeathed in trust or directed to be purchased or taken as aforesaid upon trusts reside and take costs as to profits dividends interest and annual produce thereof respectively as an when the same shall from time to time arise and [?] due and pay the same unto my said dear wife Catherine Godfrey or otherwise only authorise and empower her to receive and take the same for and during the term of her natural life for her own use and benefit and from and immediately after the decease of her my said wife I give and bequeath to each of my grandchildren Mary Ann Godfrey Rebecca Godfrey and Emily Godfrey the daughters of my said son William Hindes Godfrey the legacy or sum of four hundred pounds to be paid to such of them respectively who shall then have attained the age of twenty one years immediately on such the decease of my said wife and to such of the. Who shall be then under such age when and as they respectively attain the same and in case and or either of them my said Grand-children shall depart this life under the said age leaving lawful yone them or her surviving then I give and bequeath as well the original legacy or sum of four hundred pounds of each one so dying as also the accumulative part or share in the legacy of other of my other grandchildren which she may have become entitled to by survivorship under this my Will unto all and every her lawful child or children if more than one in and by equal parts shares and proportions and if but one then the whole to suit only one stud in case any or either of them the said Mary Ann Godfrey Rebecca Godfrey and Emily Godfrey shall die under the said age of twenty one years without leaving lawful issue her surviving then I give and bequeath as well the said original legacy as also the accumulative part or share in any legacy which came one so dying as last aforesaid May have become entitled to by survivorship as aforesaid u to the survivors or survivor of them if more than one in and by equal parts share and proportions and if but one then the whole to sure only one stud from and after sure the decease of my said wife I give and bequeath unto my niece Eliza Price now residing with me the legacy or sum of four hundred pounds to be paid to her on her attaining the age of twenty one years and in case of her f]death under that age such legacy to become void and fall into and form part of my residuary estate and go as I have hereinafter bequeath as the same stud from and immediately after the decease of my said wife Catherine Godfrey I give and bequeath all and every the said messuages or tenements lands and hereditaments moneys stocks funds and securities and premises hereuntofore devised and bequeathed or directed to be held and invested in trust as aforesaid and all other my moneys and securities for money and all the rest residue and remainder of my real and personal estate and effects whatsoever and wheresoever (subject to and after payment thereout of the several legacies hereintofore given and bequeathed) unto my said son William Hindes Godfrey and daughter Mary Beckwith Clunie equally to be divided between them share and share alike as tenants in common and not as joint tenants and to their respective heirs executors administrators and assigns absolutely to and for their own use and benefit provided always and I do declare my Will to be and assert that the trustee or trustees for the time being acting in the execution of trusts of this my Will so and shall retain and keep invested in their or his names or name as well the original as also any accumulative legacy and part or share in any legacy which my said grandchildren any or either of them who may or under the age of twenty one years may be presumptively entitled to at the decease of my said wife or at any time afterwards in the same stocks funds and securities in which the same May then be standing or placed out with power to transfer transpose or invest and place out the same unto other stocks funds or securities of a like nature and to apply and dispose of the dividends interest and annual produce thereof respectively from time to time in and towards the maturite nature and duration or otherwise for the benefit of such minor or minors during her or their minority or respective minorities as my said trustees or trustee shall in their or his discretion think fit and if the whole of such dividends interest and annual produce shall not be so applied then to invest the residue thereof from time to time in the names or name of them my said trustees or trustee in such stocks funds or securities as aforesaid and to repeat such investments so that such surplus income may accumulate in the nature of compound interest all which accumulations shall follow and be subject to the trusts and limitations hereintofore declared and explored concerning the stocks funds and securities from whence the same shall have arisen provided always and it is my Will and I do direct that in case of any or either of them my said trustees dying refusing or becoming incapable to act in the trusts thereof a new trustee or trustees shall be appointed by the surviving or remaining trustee or trustees of this my Will and who shall thereupon assign or transfer all the said trust estates stocks and securities so as to vest the same [?] newly appointed trustee or trustees solely or in him or them jointly with such surviving or remaining trustee or trustees upon and for the trusts hereby declared thereof or such of the same trusts as shall be then subsisting and capable of taking effect And I give devise and bequeath all estates as well real as personal vested in me upon any trust or by way of mortgage unto and to the use of them the said William Hindes Godfrey and Alexander Clunie their heirs executors administrators and assigns respectively subject to the trusts and equities affecting the same and to be disposed of as far as I am beneficially interested therein as part of my personal estate for the purposes of this my Will and the trusts thereof provided also and I do hereby Dec,are that the said several trustees of this my Will and each of them and the heirs executors administrators and assigns of them and each of them shall be charged and chargeable respectively for such monies only or other part or parts of my estate and effects or the income or produce thereof as they shall respectively actually receive by virtue of the trusts hereby in them reposed notwithstanding their or any or either of them giving or signing or joining in giving or signing any receipt or receipts for the sake of conformity and any one or more of them shall not be answerable or accountable for the others or other of them or for involuntary lapses and also that is shall and May be lawful for them respectively with and out of the monies within shall come to their respective hands by virtue of this my Will or the trusts thereof to retain to and reimburse themselves respectively and also to allow his her or their cotrustee or trustees all costs charges damages and expenses which they any or either of them shall or may [?] sustain expend or be put unto in or about the execution of this my Will or the trusts thereof or any suit or proceeding all matter or thing relating thereto and lastly I revoke all former Will or wills by me made and do declare this only to be my last Will and testament in witness whereof I the said William Godfrey the testator have at foot or end of this my last Will and testament retained in six sheets of paper written on one side thereof only set my hand the thirteenth day of march in the year of our Lord one thousand eight hundred and forty four - William Godfrey - signed by the said William Godfrey the testator and by him Dec,aged to be his last Will and testament the words “of oath one so dying” in the twelfth line top of the third page having been first interlined in the presence of us who in his presence and in the presence of each other have subscribed our names as witnesses thereto - M J Stephen’s Solicitor Chatham E J Heard his clerk

“Whereas I the above named Testator William Godfrey have made and published my last Will and testament in manner hereuntofore set forth now I make a codicil thereto and devise the same to be taken as part thereof and do hereby give and bequeath the sum of one hundred pounds unto my dear son the above named William Hindes Godfrey and the like sum of one hundred pounds to my dear son in law the above named Alexander Clunie for the care and trouble they will have in and about the execution of my said Will and the trusts thereof ain all other respects I do hereby satisfy and confirm my said Will and the several devises and bequests therein contained. In witness whereof I the said William Godfrey the testator have at the door or end of this codicil to my said Will on the front and partly on the back of the sixth sheet thereof set my hand this twenty fourth day of November in the year of our Lord one thousand eight hundred and forty four - W Godfrey - signed by the said William Godfrey, the testator, and by him Dec,aged to be a codicil to his last Will and testament in the presence of us who in his presence and in the presence of each other have subscribed our names as witnesses hereto - M J Stephen’s solicitor Chatham - G. C. Meers his clerk

“Probate at London with a codicil the 7th January 1846 before the worshipful Robert Joseph Phillimore Doctor of law and Surrogate by the Oaths of Catherine Godfrey, widow the Relict William Hindes Godfrey the son Alexander Clunie and George Ffidler the excecutors to whom Admon was granted having been first sworn duly to administer.”

Sources

1. ↑ The National Archives; Kew, Surrey, England; Records of the Prerogative Court of Canterbury, Series PROB 11; Class: PROB 11; Piece: 2029