Will of William Hougham (1721-1802) transcribed
This is the last will of me William Hougham of the parish of Saint Martin near and without the walls of the city of Canterbury in the County of Kent, esquire, which I make and declare in manner and form following that is to say.
First I direct all my just debts and funeral expenses be fully paid and satisfied and I give and devise unto my wife's sister Mary Austen and her assigns all that messuage or tenement with the wash house outhouses and appurtenances thereunto belonging situate or being in the parish of Saint Martin aforesaid and adjoining to the messuage and premises in my own occupation as the same is now in the possession of the said Mary Austen to hold unto the said Mary Austen for the term of her natural life without impeachment of waste (subject to the settlement made thereof amongst other things on my said wife) for the residence of the said Mary Austen and her servants or family and upon condition that she the said Mary Austen shall not let or set the same to any person or persons upon any account or pretence whatsoever.
And after the death of the said Mary Austen I give and devise the same unto my granddaughter Catherine Sandys her heirs and assigns to her and their own use and benefit forever.
I also give and devise all that messuage or tenement wherein I now reside together with the malthouse yard and garden and several pieces or parcels of land thereunto belonging to the appurtenances situate and being in the several parishes of Saint Martin aforesaid and Saint Paul in the County of Kent or one of them (subject to the settlement made thereof on my beloved wife Rebecca Hougham) unto my said granddaughter Catherine Sandys her heirs and assigns to her and their own use for ever.
And whereas by certain indentures of lease and release bearing date respectively the ninth and tenth days of October one thousand seven hundred and forty four (being a settlement made previous to and on occasion of my marriage with my first wife Margaret Susannah Roberta Corbet) and made or expressed to be made between myself and Christopher Shrubsole and Sarah his wife therein described of the first part. The said Margaret Susannah Roberta Corbet of the second part, David xxx of the third part, Stephen Le Grand and Richard Halford of the fourth part, and John Bowtell and James Hanson of the fifth part a certain estate called Little Barton therein and thereinafter particularly described was limited (after the said marriage should take effect and after the death of the said Sarah Shrubsole) to the use of the said John Bowtell and James Hanson their executors administrators for the term of one Thousand years to commence from the death of the said Sarah Shrubsole with remainder to me in xxx and the said term of one thousand years is hereby declared to be in trust that the said John Bowtell and James Hanson or the survivor of them or the executors or administrators of such survivor should raise the sum of four thousand pounds for the portion or portions of the younger child or children of the said marriage payable at the time and in manner therein mentioned and in the same indentures is contained a proviso that if all such younger children of the said marriage should die before any of their said portions should become payable then the sums so to be raised for such children (or so much thereof as should not then have been raised) should not be raised but should in that event cease for the benefit of the person entitled to the reversion or remainder in the said estate expectant on the said term as in and by the said settlement will more fully appear and in as much as my daughter Catherine Sandys being the only younger child of my said marriage died before her portion became payable I have been advised that the said term of one thousand years become void and the said sum of four thousand pounds or any part thereof cannot be raised by the said deed in favour or for the benefit of my granddaughter Catherine Sandys only child now surviving of my daughter Catherine Sandys deceased now therefore in order to make a suitable provision for my said granddaughter I do hereby give and devise unto my relation Solomon Hougham of Aldersgate Street in the City of London, silversmith, and to my present wife's brother Nathaniel Austen of Margate in the Isle of Thanet in the said County of Kent, gentleman, their executors administrators and assigns all that messuage or tenements commonly called or known by the name Little Barton and the barns stables outhouses edifices buildings courts yard gardens orchards and appurtenances thereto belonging or therewith used and enjoyed and also all those several pieces of arable meadow or pasture land to the same belonging and therewith usually occupied and enjoyed contained in the whole by estimation three hundred acres be the same more or less with the appurtenances situate and lying and being in the parish of Saint Paul in the City of Canterbury in the County of Kent and now in the tenure or occupation of Harry Collard his undertenants or assigns to hold the same to and to the use of the said Solomon Hougham and Nathaniel Austen their executors administrators and assigns for and during and unto the full end and term of two thousand years to commence from the day of my decease upon the trusts and to and for the several uses ends interests and purposes hereinafter mentioned that is to say upon trust that they the said Solomon Hougham and Nathaniel Austen and the survivor of them and their executors and administrators of such survivor shall and do within six months next after my decease by sale or mortgage of the messuage or tenement lands xxxx and promises for the said term of two thousand years or any part thereof raise and levy the principal sum of four thousand pounds of good and lawful money of the United Kingdom of Great Britain and Ireland current in Great Britain and upon this further trust the said Solomon Hougham and Nathaniel Austen and the survivor of them and the executors administrators of such survivor of them shall and do by and with the consent and approbation of my said granddaughter during her life and after her decease at their own discretion place out and invest the said sum of four thousand pounds at interest upon parliamentary real or other security and from time to time to call in the money so placed out and again to place out the same upon other securities of the like nature and to pay the interest dividends and yearly produce thereof unto my said granddaughter Catherine Sandys and her assigns or to and permit and suffer her and them to receive and take the same to her and their own use and benefit for and during the natural life and from and after her decease then the said principal sum of four thousand pounds shall be in trust for all and every the child and children of the body of my said granddaughter in such parts shares and proportions and payable at such time or times and in such manner and form as the said Catherine Sandys not withstanding her future coverture by any deed or testament to be executed by her in the presence of two or more creditable witnesses or by her last will and testament to be executed in the presence of three or more creditable witnesses shall give direct or appoint and for want of such gift direction or appointment or to as such part or parts of the said principal money wherof no such gift direction or appointment shall be made in trust for all and every the child or children of the said Catherine Sandys to be equally divided between and amongst them if more than one and in case there shall be only one such child in then trust for such only child the portion or portions to belong and be vested in the son or sons at his or their age of twenty one years and in the daughter or daughters at her and their respective age and ages of twenty one years or day or days of marriage which shall first happen provided always nevertheless and my mind and will further is that in case the marriage of the said Catherine Sandys shall at any time hereafter be in contemplation it shall and may be lawful to and for her and for her intended husband to by and with the consent of the said trustees and the survivor of them at any time previous to such intended marriage by proper and effectual instruments to make a settlement of the said four thousand pounds upon the said Catherine Sandys and her intended husband and the children of such marriage in such manner as counsel may advise so as that in and by such settlement that the interest and dividends only of the said four thousand pounds shall be settled on such intended husband of the said Catherine Sandys in case he shall survive her and that no part of the principal shall be settled upon him and that in case there shall be no children of such intended marriage or being such they shall die before their respective portions shall become due and payable the said principal sum of four thousand pounds shall be settled upon such person or persons as the said Catherine Sandys shall appoint and for want of such appointment shall go to such person or persons as would have been her next of kin and entitled thereto under the statute of distributions had she died sole and unmarried provided always and I do hereby expressly declare my will and meaning to be that in case it shall at any time hereafter that the sum of four thousand pounds limited and secured in and by the aforesaid settlement made previous to and on occasion of my marriage herein before is mentioned ought to be raised and paid or that the same or any part thereof shall be raised accordingly then that the said Catherine Sandys shall and do forthwith release and give up all her right title therein and interest in and to the said sum of four thousand pounds secured by the said settlement as aforesaid and every part thereof in favour of my son William Hougham and his heirs executors administrators and assigns and if she shall neglect or refuse to sign and execute such release or discharge for the space of two calendar months next after she shall by my said son be required so to do then and in that case the devise of the said messuage or tenement lands hereditments and promised to the said Solomon Hougham and Nathanial Austen and the said term of two thousand years hereby granted to them their executors and administrators therein shall cease and be utterly void to all intents and purposes or in case the said sum of four thousand pounds or any part thereof shall have been then raised by the said Solomon Hougham and Nathanial Austen in pursuance of the trust hereby vested in them then from and immediately after such neglect or refusal the money which shall have been so raised by them and every part thereof shall be in trust for and shall be paid to my said son his executors and administrators to his and their own use and benefit any thing therein contained to the contrary thereof in anywise notwithstanding and I do hereby give and devise that the said messuage or tenement with the barns stables outhouses buildings lands hereditments and promises (Subject to the said term of two thousand years hereinbefore limited therein to the said Solomon Hougham and Nathaniel Austen) and all and singular every other my manors messuages lands tenements hereditments and parts and shares of manors messuages lands tenements hereditments and all other my real estates whatsoever and wheresoever whether in possession xxxx remainder or expectancy with their and every of their appurtements (subject to the payment of the sum of fifty pounds hereinafter given to my said granddaughter) unto and to the use of my said son William Hougham out of the rents and profits of the several manors messuages land tenements and hereditments above devised to him
also I give and bequeath unto my niece Frances Austen daughter of the said Nathaniel Austen the sum of one hundred pounds five per cent annuities now standing in my name in the books of the governor and company of the bank of England together with the interest or dividends which may be due in respect thereof at the time of my decease and in case the said Frances Austen shall at the time of my death be under the age of twenty one years and unmarried I direct that the said sum of one hundred pounds five per cent annuities shall be transferred by my executors hereinafter named into the name of her said father and that the interest or dividends due or to grow due thereof shall be from time to time received my him in trust for his said daughter her executors or administrators but the same together with the said principal sum is to be paid to her on her attaining the age of twenty one years or day of marriage which shall first happen such marriage being with the consent and approbation of her said father and I give and bequeath the sum of seven hundred and seventy pounds principal money secured upon a mortgage on a certain estate belonging to John Brackenbury esquire in or near Deal in the County of Kent and all my estate or interest in the messuage lands tenements and hereditments or other security upon which the same now is or at the time of my death shall be placed out unto my said wife Rebecca Hougham and the said Nathaniel Austen and their executors and administrators upon trust to permit and suffer my said wife Rebecca Hougham and her assigns to receive and take to her and their own use the interest proceeds thereof for and during the term of her natural life and from and after the death of the said Rebecca Hougham I give and bequeath the said sum of seven Hundred and seventy pounds and the security upon which the same is or shall be placed as aforesaid unto the said Frances Austen her executors and administrators and assigns to her and their own use and benefits the same to be paid or assigned to her immediately after the death of my said wife in case the said Frances Austen shall then have attained the said age of twenty one years or be married with the consent and approbation of her said father but if she shall be under age and unmarried at the time of the death of my said wife then I give the same to the said Nathaniel Austen her father in trust for her until she shall have attained the age of twenty one years or be married as aforesaid it being my will and meaning that in the mean time the interest and proceeds thereof shall and may be applied by the said Nathaniel Austen for or towards her maintenance and education and I do hereby authorise and empower my said wife and said Nathaniel Austen at anytime during the life of the said Rebecca Hougham or for the said Nathaniel Austen his executors or administrators after her death during the minority of the said Frances Austen to call in and receive the said sum of seven hundred and seventy pounds and all interest due thereon and again to place out the same at interest upon parliamentary real or other security at their discretion but upon the same trusts and for the same purposes as are herebefore mentioned and xxxx the same
also I give and bequeath all such capital stock or share or interest which at the time of my death I may have in the three per cent south sea annuity or any other of the public funds not included in the settlement made on my said wife as aforesaid (except the aforesaid sum of one hundred pounds above given to the said Frances Austen or in trust for her) unto my said son William Hougham and the said Nathaniel Austen their executors administrators and assigns in trust to pay the interest dividends and proceeds thereof unto my said wife Rebecca Hougham and her assigns or to permit and suffer her and them to receive and take the same for and during the term of her natural life and from and immediately after her death I give and bequeath the sum of one thousand pounds part of the said south sea annuity standing in my name or of the said south sea annuities standing in the name of my said son and the said Nathaniel Austen unto my said granddaughter Catherine Sandys her executors administrators and assigns to her and their own use and benefit and the residue of such stock as well that which is or may be now standing in my name as that which is standing in the names of my said son and the said Nathaniel Austen I give and bequeath to my said son William Hougham his executors administrators and assigns to his and their own use and benefit and as to all my ready money household goods plate linen china arrears of rent debts dues and dividends horses carriages and all the rest and residue of my personal estate and effect of what nature or kind soever the same may be at the time of my decease I give and bequeath the same to my said wife Rebecca Hougham her executors administrators and assigns to and for her and their own use and benefit forever and I make constitute and appoint my said wife Rebecca Hougham and my said son joint executrix and executor of this my last will and testament hereby revoking all former wills by me at any time heretofore made in witness whereof I have to each of the first six sheets of this my last will and testament contained I n seven sheets of paper set my hand and to the seventh and last sheet my hand and seal this eighteen day of August in the year of our Lord one Thousand eight Hundred and two [18 August 1802].
Signed and sealed by the testator William Hougham and by him published declared as and for his last will and testament in the presence of us who have hereunto subscribes our names as witnesses thereto in his presence and at his request Ann Pearce Horsfall, Sam Whitehead John Harman Clerk to Mr Austen.
This will was proved at London on the twenty first day of January in the year of our lord One thousand Eight hundred and three [21 January 1803] before the right Honourable Sir William Wynn Knight Doctor of Laws Master Keeper or Commissary of the prerogative Court of Canterbury lawfully constituted by the oaths of Rebecca Hougham Widow the relict and William Hougham esquire the son of the deceased and the executors named in the said will to whom administration was granted of all and singular the goods chattels and credits of the said deceased they having been first sworn by commission duly to administer