This is the last Will and Testament of me John Kemp of Mayford Green in the parish of Wokeing in the County of Surrey Gentleman as follows I give and devise to Lucy Smith Spinster now residing with me at Mayford Green aforesaid my messuage buildings and premises called Smarts Heath House in the parish of Wokeing aforesaid in the occupation of John Reed to hold the same with the appurtenances unto and to the use of the said Lucy Smith her heirs and assigns for ever or for such other estate and interest as I may have to come and unexpired therein at my decease Also I give and bequeath unto the said Lucy Smith all my wines and other Liquors and such part of my Household goods bedding linen china and furniture of which I may be possessed at my death as she shall think proper to select also I give and bequeath to the said Lucy Smith and to John Brown of Petworth in the County of Sussex Farmer (one of the trustees and executors hereinafter named) the sum of ten pounds each for mourning Also I give and bequeath to the said Lucy Smith my one horse chaise or gig and harness Also I give and bequeath unto my Nephews William Sharp and Matthew Sharp two of the children of my late Sister Mary Sharp deceased all my articles of Dress and wearing apparel equally to be divided between them Also I give and bequeath unto my said nephew William Sharp my Silver watch seals and key Also I give and bequeath to Frances the wife of Henry Groves now in attendance upon me and to my servant Thomas Boxall five pounds each and to my Friend and Solicitor Henry Woods of Godalming the sum of ten pounds which I beg his acceptance of as a token of remembrance all which pecuniary legacies hereinbefore bequeathed I desire may be paid at my death Also I give and bequeath unto the said Lucy Smith William Sparkes of Guildford Banker and the said John Brown all my Freehold lands tithes and hereditaments (not specifically devised or vested in me as a trustee for any purpose) To hold to them the said Lucy Smith William Sparkes and John Brown their heirs and assigns upon such and the same trusts as are next hereinafter declared in regard to my copyhold hereditaments And I authorize empower and direct the said Lucy Smith William Sparkes and John Brown or the survivors or survivor of them or the heirs or assigns of such survivor as soon as conveniently may be after my decease (in case the same shall remain unsold at my death) to sell and dispose of all and every my copyhold messuages buildings lands and premises situate lying and being at or near Mayford Green aforesaid and in the Manor of Wokeing in the said County of Surrey with their and every of their rights members and appurtenances and that either by public auction or private contract to any person or persons willing to become the purchaser or purchasers thereof for the most money that can be obtained for the same and for effecting such sales to make and execute all necessary surrenders and other assurances to such purchaser or purchasers thereof to whom any receipt or receipts given by the said Lucy Smith William Sparkes and John Brown or the survivors or survivor of them or the heirs or assigns of such survivor for all or any part of the same purchase monies shall be a sufficient discharge and discharges and they shall not afterwards be compellable to see to the application thereof or be in any way liable for the nonapplication or misapplication thereof And my will and meaning is and I hereby expressly declare that all and every the monies to arise from the sale of my said freehold and copyhold estates in manner aforesaid shall be carried to the amount of and considered as part of my residuary personal estate next hereinafter bequeathed and applied accordingly and (subject to the payment of my just debts funeral expences and the expences of proving this my will) I give and bequeath all the Residue and Remainder of my personal estate and effects whatsoever and wheresoever and of what nature or kind soever the same may be which I may be possessed of or entitled to at the time of my decease or over which I have in my own right any disposing power or control unto the said Lucy Smith William Sparkes and John Brown their executors and administrators But upon the special trust and confidence that they or the survivor of them or the executor or administrators of such survivor do and shall as soon as conveniently may be after my decease sell convert pay apply and dispose of the produce thereof upon and for the several trusts intents and purposes next hereinafter declared and expressed of and concerning the same that is to say Upon trust to invest on government or real security such a sum of money as will produce a clear annuity or annual sum of Fifty pounds (clear of all legacy duty) which I give and bequeath and direct to be paid to or retained by the said Lucy Smith and her assigns during her life and after her decease I direct that the principal money to be invested for servicing such annuity shall be considered as part of my residuary personal estate and belong to my residuary legatees hereinafter named and upon further trust to invest on government or real security such further sum of money as will produce one other clear annuity or annual sum of Fifteen pounds (clear of all legacy duty) which I give and bequeath to be paid to Ann Curtis late of Guildford in the said County of Surrey Widow and her assigns for and during her life and after the decease of the said Ann Curtis in case the said Lucy Smith shall survive her I give and bequeath the said annuity and direct the same to be paid to or retained by the said Lucy Smith and her assigns during her life and after the decease of the survivor of them the said Ann Curtis and Lucy Smith Upon trust to pay the principal money to be invested for servicing the last mentioned annuity unto John Kemp Sharp (son of my nephew John Sharp) in case he shall be then living to and for his absolute use and benefit But in case the said John Kemp Sharp shall be then dead or no tidings of his existence shall be obtained by my said trustees within twelve calendar months next after the decease of the survivor of the said Ann Curtis and Lucy Smith Then upon trust to pay the principal money to be invested for servicing the said last mentioned annuity (as part of my residuary personal estate) my residuary legatees hereinafter named And upon further trust to pay or retain the several legacies next hereinafter mentioned that is to say To the said Lucy Smith the sum of two hundred pounds clear of all legacy duty To the six children of my said Sister Mary Sharp deceased (namely John Sharp Mary the wife of George Stanwick of Bagshot the said William Sharp the said Matthew Sharp Lucy Sharp and Martha Sharp) the sum of one hundred and fifty pounds apiece To the four children of my late Sister Martha Brickwood deceased (namely John Brickwood Thomas Brickwood Elizabeth the wife of Moth Keen and Charlotte the wife of Thomas Rogers) the sum of one hundred and fifty pounds apiece To Elizabeth Brown of Farnham Surrey Widow the sum of Fifty pounds clear of legacy duty and to the said John Brown (my executor) and to his sister Sarah Brown the sum of one hundred pounds apiece all which said last mentioned legacies I give and bequeath to the said Legatees respectively and direct the same to be paid or retained by them at the end of six months next after my decease And subject to the several specific bequests aforesaid and to the payment of the said several annuities and legacies Upon trust to pay and divide all the residue and remainder of my said personal estate and the produce thereof unto and equally between all and every the children of my said sisters Mary Sharp and Martha Brickwood deceased as shall be living at the time of my decease and to their respective executors administrators and assigns equally to be divided between them share and share alike and I give and bequeath all such residue and remainder of my said personal Estate accordingly Also I give and devise unto the said Lucy Smith William Sparkes and John Brown all such trust estates as are or may be vested in me as trustee solely or jointly with any other person or persons for any purpose whatsoever To hold to them the said Lucy Smith William Sparkes and John Brown their heirs executors administrators and assigns according to the nature of my Estate and interest therein respectively and upon and for the trusts intents and purposes for which I am appointed a trustee and where monies are or may become payable under this my Will to married women the receipts of such married women alone on payments of such monies shall be sufficient discharges without the concurrence of their husbands And I further declare and direct that the provision I have made for the said Lucy Smith by this my Will is intended to be exclusively of any sum or sums of money for which I am now or may stand indebted to her at the time of my decease either on bond note simple contract or otherwise And lastly I hereby constitute and appoint the said Lucy Smith William Sparkes and John Brown Executrix and Executors of this my Will And I do hereby declare that my said trustees Executrix and Executors shall be answerable only for such monies as they shall actually receive and that each of them shall be answerable only for his and her own acts deeds and wilful defaults respectively And that they shall not be answerable for any Banker Broker or other responsible person with whom any of the trust monies arising under this my Will may be deposited for safe custody or otherwise And that my said trustees and Executrix and Executors may retain to and reimburse themselves all reasonable costs and expenses and also a reasonable allowance for their time and trouble In testimony whereof I the said John Kemp the testator have to this my last Will and testament contained in four sheets of paper to the first three sheets set my hand and to this fourth and last sheet my hand and seal this twenty ninth day of May in the year of our Lord one thousand eight hundred and thirty five John Kemp Signed sealed published and declared by the said John Kemp as and for his last Will and testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses Cha.s Jn.o Woods Sol.r Godalming _ Isaac Marsh _ Henry Daborn Mayford. This is a Codicil to the last Will and Testament of me John Kemp of Mayford Green in the parish of Wokeing in the County of Surrey Gentleman as follows Whereas I have by my said Will given my Wines and other Liquors unto Lucy Smith Spinster therein named Now it is my intention that the said Lucy Smith shall have only all such Wine exclusively as may at my decease be in a Cask of her own now containing about thirty six gallons of Grape wine and the residue of my said wines and other Liquors I give to the said Lucy Smith and all the children of my late Sisters Mary Sharp and Martha Brickwood to Ann Curtis an Annuitant in my said Will named and to John Baxter a Nephew of my late Wife equally divided between them share and share alike at the end of three months after my death I revoke the legacy or sum of one hundred and fifty pounds by my said Will bequeathed to William Sharp one of the children of my said Sister Mary Sharp And in lieu thereof I give and bequeath to the said William Sharp the weekly sum of five shillings clear of all taxes and deductions the first payment to be made to him at the end of one week next after my decease and in addition thereto I give him the sum of one pound to purchase wearing apparel I revoke also the bequest of my silver watch and appendages to the said William Sharp of which I was unfortunately robbed at a Fair since the execution of my said Will I give and bequeath to the said John Baxter the sum of two hundred pounds which I direct may be paid to or retained by him out of my residuary personal Estate before any distribution is made thereof according to the directions of my said Will And in addition to the several executors named in my said Will I do hereby nominate and appoint the said John Baxter also as an Executor thereof and of this Codicil which I desire may be considered and taken as part of the same Will and in all other respects save as hereby altered I confirm my said Will In testimony whereof I the said John Kemp the testator have to this Codicil to my last Will and testament contained on one sheet of paper set my hand and seal the twenty second day of October in the year of our Lord one thousand eight hundred and thirty five John Kemp Signed sealed published and declared by the said John Kemp the testator as and for a Codicil to his last Will and testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses Arthur Wm Woods Clerk of Mr Woods of Godalming _ Isaac Marsh _ Henry Daborn. Proved at London with a Codicil 9th March 1836 before the Judge by the Oath of Lucy Smith one of the Exors named in the Will to whom Administration was granted having been first sworn by Comon duly to administer Power reserved of making the like grant to William Sparkes & John Brown the other Exors named in the said Will and to John Baxter the Exor named in the said Codicil when they or either of them shall apply for the same. PCC Prob11/1859