This is the last Will and Testament of me Ann Hammond late of the parish of Horsell but now of the Parish of Chobham in the County of Surrey Widow as follows (that is to say) I direct that all such just debts as I shall justly owe at the time of my decease together with my funeral and testamentary charges and expences be fully paid and satisfied by my executors hereinafter named I give and bequeath unto my daughter Sophia Fladgate the use and enjoyment of all my silver plate which shall be in and about my dwelling house at the time of my decease during the term of her natural life she signing an Inventory thereof to be deposited with my executors hereinafter named and after her decease I give and bequeath the same unto my two Grand daughters Hephzibar and Harriet Hammond for their absolute use and benefit I give and bequeath unto my son Henry Hammond the sum of five hundred pounds stock in the three pounds and five shillings per centum Bank Annuities being part of the stock now standing in my name in that fund for his absolute use and benefit And I give and bequeath unto my said son Henry Hammond William Fladgate of Cross Lanes Farm in the Parish of Wokeing in the said County of Surrey Farmer and Henry Collins of the Parish of Worplesdon in the said County of Surrey Farmer their executors administrators and assigns the sum of one thousand five hundred pounds stock in the three pounds and five shillings per centum Bank Annuities being other part of the said stock now standing in my name in that fund Upon Trust to pay and divide the same unto amongst and between my grandsons Richard Roake Edward Roake and Henry Roake or such of them as shall survive me and live to attain the age of Thirty five years or survive their father Mr Henry Roake in equal shares if more than one And I direct the same to be paid assigned or transferred to them respectively on their respectively attaining the said age of Thirty five years or on the death of their said father which ever event shall first happen provided always and I do hereby declare that the said several sums of five hundred pounds and one thousand five hundred pounds stock in the three pounds and five shillings per centum Bank Annuities so given to my said son Henry Hammond and to my said Trustees as aforesaid shall not be considered as specific Legacies but in case the same or any part thereof shall be sold out transferred or otherwise disposed of in my lifetime I do hereby bequeath unto my said son henry Hammond and unto my said Trustees upon the Trusts aforesaid such a sum or sums of money out of my personal estate as will be sufficient according to the then current price of stocks to purchase the said several sums of five hundred pounds and one thousand five hundred pounds stock three pounds and five shillings per centum Bank Annuities or such part or parts thereof respectively as may in my lifetime have been sold out transferred or otherwise disposed of And as to all the Rest and residue and Remainder of my monies securities for money and personal estate and effects whatsoever which shall remain after payment of my debts and funeral and testamentary expences and satisfaction of the Legacies hereinbefore bequeathed I give and bequeath the same and every part thereof unto the said Henry Hammond William Fladgate and Henry Collins their executors administrators and assigns Upon Trust that they the said Henry Hammond William Fladgate and Henry Collins and the survivors and survivor of them and the executors administrators and assigns of such survivor do and shall permit the same or any part thereof to remain in its present actual state of Investment or call in convert and compel payment of the same or such parts thereof as shall not consist of money and do and shall stand and be possessed thereof and of such part thereof as shall consist of money Upon Trust to lay out and invest the same in their or his names or name in the purchase of a competent share or competent shares of any of the Parliamentary stocks or public funds of Great Britain or at interest upon Government or real securities in England or Wales (but not in Ireland) to be from time to time altered varied and transferred into or for other stocks funds or securities of the same or like nature at their or his discretion And I do hereby declare that the said Henry Hammond William Fladgate and Henry Collins and the survivors and survivor of them and the executors administrators and assigns of such survivor do and shall stand possessed of the said Trust monies stocks funds and securities Upon Trust during the life of my said daughter Sophia Fladgate to pay the dividends interest and annual produce thereof to such person or persons and for such intents and purposes as the said Sophia Fladgate (notwithstanding her present or any future Coverture) by any writing or writings under her hand (but not so at to dispose of or change the same by way of anticipation) shall direct or appoint and in default of such direction or appointment into their own hands for her separate use and benefit independently and exclusively of her present or any future husband and without being in anywise subject to his debts control interference or engagements and the receipts of the said Sophia Fladgate alone or of her appointees (notwithstanding such Coverture as aforesaid) shall be from time to time sufficient discharges for the same and from and immediately after her decease do and shall stand possessed f and interested in the said Trust monies stocks funds and securities and the dividends interest and annual produce thereof Upon the Trusts following (that is to say) As to one equal third part or share thereof In Trust for my said son Henry Hammond his executors administrators and assigns for his absolute use and benefit As to the remaining two equal third parts or shares of the said Trust monies stocks fund and securities Upon Trust to pay and divide the same amongst and between my said Grandsons Richard Roake Edward Roake and Henry Roake or such of them as shall survive me and live to attain the age of Thirty five years or survive their said father Henry Roake in equal shares if more than one Provided always and I do hereby declare and direct that in the mean time and until the said sum of one thousand five hundred pounds stock three pounds and five shillings per centum Bank annuities and the said two equal third parts or shares of the said Trust monies stocks funds and securities (after the decease of my said daughter) shall become actually payable to my said Grandsons or some or one of them they the said Henry Hammond William Fladgate and Henry Collins and the survivors or survivor of them and the executors administrators and assigns of such survivor do and shall permit and suffer the same respectively or the uninvested part or parts thereof respectively to remain in the actual state of investment or do and shall at any time or times at their or his sole discretion sell transfer and dispose of the said sum of one thousand five hundred pounds stock three pounds and five shillings per centum Bank annuities and the said two equal third parts or shares of the said Trust monies stocks funds and securities or the uninvested part or parts thereof respectively or any part or parts of the same respectively and do and shall lay out or invest the monies to arise by such sale transfer or disposition in their or his names or name in the purchase of a competent share or shares of any of the Parliamentary stocks or funds of Great Britain or at interest upon Government or real securities in England or Wales and do and shall alter vary or transpose the said stocks funds or securities into or for others of the same or like nature And do and shall stand possessed of the said sum of one thousand five hundred pounds stock three pounds and five shillings per centum Bank annuities and the said two equal third parts or shares of the said Trust monies stocks funds and securities (after the decease of my said daughter) and of the monies to arise by the sale transfer or disposition of the same respectively or any part or parts thereof respectively or of the uninvested part or parts thereof respectively and of the stocks funds and securities in or upon which the same or any part thereof may be invested Upon Trust to pay and apply the dividends interest and annual proceeds of the same respectively unto and amongst and between such of them my said Grandsons Richard Roake Edward Roake and Henry Roake as shall be presumptively entitled to the fund from which the same shall have proceeded during such suspense of vesting as aforesaid in equal shares if more than one Provided nevertheless that in case of the death of any or either of them my said Grandsons Richard Roake Edward Roake and Henry Roake in my lifetime or before the respective portions hereby provided for them shall have become absolutely vested leaving any child or children who being a son or sons shall live to attain the age of Twenty one years or being a daughter or daughters shall live to attain that age or marry the said Henry Hammond William Fladgate and Henry Collins and the survivors or survivor of them and the executors administrators and assigns of such survivor shall stand and be possessed of the share or shares whatsoever to which my said Grandson or Grandsons would have been entitled if such Grandson or Grandsons had survived me and lived to attain the said age of Thirty five years or survive their said father and the stocks funds and securities in or upon which the same may be then invested and the dividends interest and annual produce thereof In Trust for all and every the child or children and child as aforesaid of the Grandson so dying if more than one in equal shares and if there be but one such child the whole to be In Trust for that one child And I do hereby declare that the Trustees or Trustee for the time being of this my will shall apply the whole or such part as they or he shall think fit of the annual Income of the share or shares to which any child of any of my Grandsons so dying as aforesaid shall for the time being be entitled in expectancy being a son on attaining the age of Twenty one years or being a daughter on attaining that age or marrying under the Trusts hereinbefore declared for or towards the maintenance or education of such child either directly or to his or her Guardians or Guardian without seeing to the application thereof or requiring any account of the same and without regard to any other fund similarly applicable or enquiry as to the Capacity of the mother of such child or children to maintain them and shall during such suspense of absolute vesting accumulate the residue (if any) thereof in the way of Compound interest by investing the same and the resulting income thereof from time to time in or upon any such stocks funds or securities as are hereinbefore mentioned for the benefit of the person or persons who under the Trusts herein contained shall become entitled to the principal fund from which the same respectively shall have proceeded with power for the said Trustees or Trustee to revert to the accumulation of any preceding year or years and apply the same for or towards the maintenance or education of the child or children presumptively entitled to the same respectively Provided always and I do hereby declare that if the Trustees hereby appointed or any or either of them or any future Trustee of this my will shall die or be desirous of being discharged from or refuse or become incapable to act in the Trusts hereby created then and so often as the same shall happen it shall be lawful for the surviving or continuing Trustees or Trustee of this my will or the executors or administrators of the last surviving or continuing Trustee by any writing or writings to appoint a new Trustee or new Trustees and that upon every such appointment all the Trust premises shall be conveyed and assigned respectively in such manner as that the same may be vested in such new Trustees or Trustee And I hereby declare that the Trustees or Trustee for the time being under this my will shall not be answerable the one for the others or other of them and by no means for involuntary losses and that it shall be lawful for such Trustees or Trustee for the time being to reimburse themselves out of the monies which shall come to their hands by virtue of the Trusts aforesaid all their costs and expences in the execution of the said Trusts And lastly I hereby nominate and appoint my said son Henry Hammond and the said William Fladgate and Henry Collins Executors of this my will hereby revoking and making void all former and other will and wills by me at any time heretofore made and do declare this only to be my last Will and Testament In Witness whereof I the said Ann Hammond the Testatrix have to this my last Will and Testament contained in this and the four preceding sheets of paper subscribed my hand this nineteenth day of June in the year of our Lord one thousand eight hundred and forty six Ann Hammond Signed declared and acknowledged by the said Ann Hammond the Testatrix in the presence of us present at the same time who in her presence at her request and in the presence of each other have hereunto subscribed our names as witnesses attesting the same _ Swan Downer Dean _ Mr Tho.s Bedford } Clerks to Mr. John Mears Solicitor Bagshot Surrey. Proved at London 8th March 1852 before the Worshipful George Edward Hughes Doctor of Laws and Surrogate by the Oaths of Henry Hammond the son and Henry Collins the Nephew two of the Executors to whom Admon was granted having been first sworn duly to administer William Fladgate the other executor and one of the Residuary Legatees In Trust named in the said will having renounced the Probate and Execution of the said will and also the Letters of Admon (with the said will annexed) of the Goods of the said deceased (as by Acts of Court appears). PCC Prob11/2149