** Kent Online Parish Clerks ** - Will of John Dadds, of Wingham, Kent, Esquire, 1844

The following Will has been jointly contributed by Carol Valantine Dugger and Beverley Chapman. Please contact these ladies if you have any comments or questions concerning the Will and/or the family of Cornwell and Dadds.

Source: Will, Prerogative Court of Canterbury, Lambeth Palace, London, England, (England, Kew: The National Archives (formerly the Public Record Office), Catalogue Reference Prob 11/2139, image references 99-100.

THIS IS THE LAST WILL AND TESTAMENT of me JOHN DADDS, of Wingham, in the County of Kent, Esquire,

I desire that my remains be interred in the grave with those of my first wife if I should die at Wingham but in case I should die elsewhere I wish to be buried in the neighbourhood in which I shall so die, the funeral to be conducted in a plain and respectable manner

I appoint my sons JOHN DADDS and JAMES DADDS and my sons-in-law FREDERICK HARVEY SANKEY of Wingham, aforesaid, surgeon, and FRANCIS SLATER, of Great Tower Street, in the City of London, Solicitor, to be Executors in trust and Trustees of this my will

And as to and concerning my two freehold Farms that are situate at Wingham, aforesaid, the other in the adjoining parish of Staple, also my leasehold Farm called Shatterling Court, and my Marsh land at Stourmouth, in the said County of Kent, I direct that as soon as convenient after my decease the same be offered to my two sons RICHARD DADDS and JAMES DADDS for the period of five years at a rent to be fixed by valuation to be made by two persons, one to be chosen by and on the part of my said trustees and the other by and on the part of the Lessees, with power to choose an Umpire, in which Lease shall be contained a power and option to my said sons or the survivor of them, their or the Executors, Administrators or assigns at the expiration of the said term to purchase the inheritance in fee simple of the said farms and lands at a price to be fixed by valuation to be made by two referees who shall be empowered to choose an Umpire, in manner aforesaid, such valuation be made when the said Lessees or Lessee shall have intimated their election to purchase as aforesaid

And as to and concerning my marsh lands at Ash Level, in the said County of Kent, I direct that the same be offered to my three sons JOHN DADDS, RICHARD DADDS and JAMES DADDS for the term or period of five years at a rent to be fixed by valuation in manner aforesaid and with a similar Clause authorizing the Lessees or survivors or survivor of them, their or his Executors, Administrators or assigns to purchase the inheritance in fee simple of the said marsh lands at a valuation to be made by two referees or their Umpire, as aforesaid,

And I empower my trustees or trustee to give such time and accept such security for the purchase monies of the said Farms, marsh lands and hereditaments (the refusal whereof is to be secured to my said sons as aforesaid) they or he my said trustees or trustee shall think proper

But, so that in all acts regarding the Lease or purchase in which my said sons JOHN DADDS and JAMES DADDS may be interested the other trustees or trustee shall be competent to act without their concurrence

And I declare that the tenancies of my said sons shall respectively commence at the Michaelmas next after my decease according to the usual custom of the County

And if any difference of opinion or dispute shall arise in regard to the covenants and provisions to be introduced into the Leases to be granted as aforesaid the same shall be settled and determined by the Referees chosen for the purpose of fixing the rent or their Umpire, as aforesaid, and in case any or either of my said sons shall have departed this life before the said Lease or Leases to them, respectively, shall have been granted, as aforesaid, or in case any or either of my said sons shall decline to accept and take such Lease or Leases, as aforesaid, the same shall and may be granted to the survivors or survivor or others or other of my said three sons or two sons (as the case may be) upon such terms and in such manner as aforesaid

And I further declare that the expence [sic] attending the Leases to be granted, as aforesaid, shall be borne by my said sons or son to whom the same shall or may be granted

And I also direct that my said sons RICHARD DADDS and JAMES DADDS shall be put into possession of my Farm at Wingham Well, which I hold as tenant from year to year, for such period and upon such terms as I may hold the same at the time of my decease and in case of any disagreement respecting such Farm I direct that the same shall be referred to arbitration in such manner as aforesaid

And I further direct that all my farming stock, implements of husbandry, growing crops, household goods and furniture and other household and farming effects which shall belong to me at the time of my decease (except plate, linen, china, books and wines) shall be offered to my said sons RICHARD DADDS and JAMES DADDS at a valuation to be made by two indifferent persons and to be chosen by each party or their Umpire and for the amount of which my said sons shall give to my Executors their joint and several promissory note payable on demand

But, nevertheless, I empower my said Executors to hold the said Note for such period not exceeding twelve calendar months as they may think proper and if either of my said sons shall depart this life in my lifetime or before the said purchase, or shall decline to make such purchase, the survivor or other of them shall be at liberty to purchase the said effects upon the terms and in the manner, aforesaid, and if both of them my said sons shall depart this life or shall decline to make the aforesaid purchase the said effects shall fall into and constitute part of my residuary personal estate

I give and bequeath the said plate, linen, china, books and wines excepted out of the bequest lastly hereinbefore contained, unto and equally between or among my nine children or such of them as shall be living at the time of my decease and I direct that my Executors shall have a full and uncontrolled discretion to divide and distribute the last mentioned effects among the said legatees in such manner as they think proper

I give and bequeath to each and every of my four children MARGARET the wife of the Reverend Thomas Bennett ROUND, RICHARD DADDS and JAMES DADDS the sum of one thousand pounds but I declare that the legacy of my said daughter MARGARET shall be subject to the trusts following, (that is to say),

Upon trust that the trustees or trustee for the time being of this my Will shall and do lay out and invest the same in their or his own names or name and shall and do pay the interest and dividends arising therefrom unto my said daughter MARGARET or permit or empower her to receive the same during her life but so that during coverture the same shall be for the sole and separate use of my said daughter MARGARET free from the control and debts of her present or any future husband and without power of anticipation and after the decease of my said daughter Upon trust to pay or transfer the said legacy or sum of One thousand pounds or the stocks, funds or securities in or upon which the same may happen to be invested unto and equally between or among all and every the Child and children of the said MARGARET ROUND who being a son or sons shall attain the age of twenty one years, or, being a daughter or daughters who shall attain that age or marry for his, her or their absolute use and benefit

And in case my said daughter shall have no such Child then Upon trust for such person or persons and in such manner and form in all respects as my said daughter MARGARET ROUND shall by deed or will appoint and in default of such appointment then in trust for the person or persons who would be entitled to the personal estate of my said daughter by virtue of the statutes of distribution if she had died intestate and without leaving a husband, and if more than one in like shares

And I empower my said daughter MARGARET notwithstanding the trusts aforesaid by her Will or any testamentary writing to bequeath to any husband whom she may happen to leave the annual income of the said sum of One thousand pounds or of the stocks, funds or securities in or upon which the same may happen to be invested for and during the term of his natural life

And I give and bequeath to my said Executors a Policy of Insurance held by me on the life of my son WILLIAM DADDS for the sum of One thousand pounds and the sum or sums of money thereby assured and also a further legacy or sum of One thousand pounds Upon trust to lay out and invest the last mentioned sum of One thousand pounds in the names or name of the said trustees or trustee for the time being and with and out of the annual income arising therefrom to pay and discharge the annual premium on the said Policy of Insurance when and as the same shall become due and payable and after payment thereof Upon trust to pay over the residue of the said annual income unto the said WILLIAM DADDS or permit or empower him to receive the same during his life

And after the decease of the said WILLIAM DADDS Upon trust to receive the monies which shall have become payable in respect of the hereinbefore mentioned Policy and lay out and invest the same in the names or name of the said Trustees or Trustee and to pay the annual income arising as well from the last mentioned investment as also from the stocks, funds or securities in or upon which the first mentioned legacy or sum of One thousand pounds may happen to have been invested unto the Widow (if any) of him the said WILLIAM DADDS for the term of her natural life

And after the decease of such Widow (if any) or immediately after the decease of the said WILLIAM DADDS (as the case may be) then as to and concerning the said two several sums of one thousand pounds and one thousand pounds or the stocks, funds and securities in or upon which the same, respectively, shall have been invested in trust for all and every the child and children of my said son WILLIAM DADDS who being a son or sons shall attain the age of twenty-one years, or, being a daughter or daughters shall attain that age or marry, for his, her or their absolute use and benefit and if more than one as tenants in common

And I give and bequeath to my said Executors a legacy or sum of Two thousand pounds Upon trust to lay out and invest the same in the names or name of the said Trustees or Trustee for the time being and to pay the annual income arising therefrom unto my son ROBERT DADDS or permit or empower him to receive the same during his life and after his decease Upon trust to pay the said annual income unto the Widow (if any) of my said son ROBERT DADDS or permit or empower her to receive the same during her life and from and after her decease or from and immediately after the decease of my said son ROBERT DADDS (as the case may be) then as to and concerning the said sum of Two thousand pounds or the stocks, funds or securities in or upon which the same may have been invested in trust for all and every the child or children of my said son ROBERT DADDS who being a son or sons shall attain the age of twenty-one years, or being a daughter or daughters shall attain that age or marry, for his, her or their absolute use and benefit and if more than one as tenants in common

And in case my said son ROBERT DADDS shall have no child who shall acquire a vested interest in the said legacy then as to and the said legacy or sum of Two thousand pounds and the stocks, funds or securities whereon the same may be invested I direct that the same shall sink into my residuary personal estate

Provided always and I hereby declare that in case at the determination of the prior life interest or interests (as the case may be) any of the Children of my said daughter MARGARET ROUND or of my said sons WILLIAM DADDS and ROBERT DADDS shall, being a son or sons, not have attained the age of twenty-one years, or, being a daughter or daughters not have attained that age or been married then it shall be lawful for the trustees or trustee for the time being of this my Will in their or his discretion from time to time thenceforth to apply all or any part of the yearly dividend, interest or annual produce of the presumptive or expectant share of every such child being a son during his minority and being a daughter during her minority and discoverture in or towards his or her maintenance and education or otherwise for his or her benefit or in the discretion of the said trustees or trustee for the time being to pay the said dividends, interest and annual produce to the guardian or guardians for the time being of such minor or minors for the purpose aforesaid but without any obligation on the said trustees or trustee to see to the application thereof and that so much if any of the dividends, interest or annual produce arising from the presumptive share of each such child respectively as shall not be so applied as aforesaid shall be improved at interest and accumulated and the accumulations thereof or so much thereof as shall or may remain eventually unapplied to the purposes aforesaid be added to the principal of the share whence the same shall have arisen and be subject to all the trusts and provisions hereinbefore contained affecting the same share

Provided also and I hereby further declare that it shall be lawful for the said trustees or trustee for the time being during the life of the said daughter or my said respective son having a life interest in the said respective legacy, as aforesaid, with his or her consent in writing and after the death of such daughter or son, respectively, then in the discretion of the said trustees or trustee to apply any part not exceeding one-half of the principal or value of the vested or presumptive share of each or any of the Children of my said respective daughter or son in the principal or capital of the said respective legacy or the stocks, funds and securities in or upon which the same shall have been invested in or towards the advancement or preferment in the World, or otherwise, for the benefit of the respective child to whom such share shall actually or presumptively belong as the said trustees or trustee in their or his discretion shall think proper

I give to STEVEY[?] KNOTT, my Foreman at Shatterling Court, and to JOHN DAVIS, my Gardener, the sum of five pounds each if they, respectively, shall be living in my service at the time of my decease

I give to each of my said Executors JOHN DADDS, JAMES DADDS, FRANCIS SLATER and FREDERICK HARVEY SANKEY the sum of One thousand pounds in consideration of the trouble they respectively will have in and about the execution of the trusts of this my Will and I direct that in case any or either of my said Executors shall be indebted to me at the time of my decease the appointment of such debtor or debtors to be an Executor or Executors of this my Will shall not extinguish or in any manner prejudice or affect such debt or debts any rule of law or equity to the contrary notwithstanding

And I further direct that in regard to any of the matters and transactions connected with the trusteeship of this my Will in which any Executor or Executors or Trustee or Trustees thereof shall have a personal interest adverse to or inconsistent with his or their duty as such Executor or Executors, trustee or trustees, shall not interfere or have any voice whatever in any such matters or transactions but the same shall be wholly managed and conducted by the other or others of the executors or Trustees of this my Will And I direct that all the legacies hereinbefore bequeathed shall be paid or retained by my Executors within six calendar months after my decease

I give and devise unto my said Executors and Trustees, their heirs and assigns all the freehold, copyhold and leasehold messuages, lands, tenements and hereditaments in possession, reversion, remainder or expectancy to which I may be entitled at the time of my decease (except with hereditaments as may be vested in me as a Trustee or mortgagee) with their and every of their rights, members and appurtenances to hold the same unto and to the use of the said Trustees, their heirs, Executors, Administrators and assigns forever or for all my estate and interest therein Upon trust, as soon as conveniently may be after my decease, but subject as to aforesaid parts of my real estate to the right of preemption hereinbefore reserved, to make sale and absolutely dispose thereof either altogether or in parcels, and either by public auction or private sale, or partly in one mode and partly in the other, and at such price or prices and subject to such special or other conditions, restrictions and stipulations as my trustees or trustee for the time being shall think proper with liberty if deemed expedient for such trustees or trustee from time to time to buy in all or any part or parts of the hereditaments which shall be offered for sale by public auction and Upon trust to sell and absolutely dispose of the premises so bought in at any future auction or auctions, or by private sale or sales, or partly in one mode and partly in the other, and with all such powers as are hereinbefore given in regard to any original sale or sales, auction or auctions, without being liable for any loss or diminuation in price in consequence thereof, and also Upon trust from time to time to make, do and execute all proper acts, contracts, deeds and assurances for carrying such sale or sales into complete effect with full power for the said trustees or trustee to consent to any variation in the terms of such contract and to commence, prosecute, abandon, defend or submit to arbitration any action, suit or proceeding at Law or in equity for compelling a specific performance of every or any such contract or to abandon and rescind the same and release the purchaser or purchasers therefrom and at any time or times thereafter proceed with all his or their original powers to a resale or resales of the premises as the said trustees or trustee shall think advisable without being answerable for any loss or diminuation in price or for any other damage which shall be produced by the exercise of all, any or either of the discretionary powers given to them or him by this my Will and I do hereby declare that the person or persons who shall become purchasee or purchasees of the said freehold, copyhold and leasehold hereditaments and premises or any part thereof and pay his, her or their purchase money or respective purchase monies, or any of them, or any part or parts thereof, to the said trustees or trustee for the time being of this my Will or to any other person or persons under their or his direction shall not be obliged to see to the application of the purchase money or purchase monies so paid nor be accountable for the misapplication or non-application of the same but that all receipts for purchase monies which shall be given by the said trustees or trustees [sic], or by any other person or persons to whom the same shall be paid, under their or his direction shall be sufficient discharges for the monies therein or thereby acknowledged to be or to have been received

And I do hereby declare that the said Trustees or Trustee for the time being of this my Will shall stand possessed of the monies which shall arise from the sale or sales hereinbefore directed to be made of my said freehold, copyhold and leasehold hereditaments and premises Upon trust in the first place to deduct and retain all costs and expences [sic] which they or he shall have disbursed or incurred in the performance of the aforesaid trusts or in relation thereto and to hold, apply and dispose of the residue or surplus of the said monies upon the trusts and for the ends, intents and purposes hereinafter declared and expressed of and concerning the same

I hereby declare that such part of my real estate as shall from time to time remain unsold and undisposed of under or by virtue of the trust hereinbefore contained and the rents and profits arising therefrom shall be to and for all intents and purposes whatsoever considered and deemed as personal estate and I further direct and declare that it shall be lawful for the trustees or trustee for the time being of this my Will (subject nevertheless to the option and preference hereinbefore reserved to my sons JOHN, JAMES and RICHARD DADDS or some or one of them as to the aforesaid parts of my real estate to devise or let from year to year at rack rent such part or parts of my real estate hereinbefore devised as shall from time to time remain unsold and undisposed of, as aforesaid, or to grant leases thereof for any term not exceeding twenty-one years in possession without taking any fine, premium or foregift for the granting of such Leases, respectively, and I declare that no purchaser or lessee of any part of my trust estate shall be bound to enquire whether the same shall have been previously offered to any son or sons of mine in pursuance of the directions of this my Will.

AND as to all the residue and remainder of my personal Estate, moneys [sic], property and effects whatsoever and wheresoever not hereinbefore specifically disposed of I give and bequeath the same unto my said Executors and trustees, their Executors, Administrators and assigns Upon the trusts following, that is to say,

Upon trust to sell or dispose of, collect, get in and convert into money so much and such parts of the same residuary estate and effects as shall not consist of money and I hereby empower my said trustees or trustee in execution of the said trust to compound for or allow such time or accept such security, real or personal, for the payment of any sum or sums of money which shall be owing to me at the time of my decease as by them or him shall be deemed expedient whether the debts so compounded for shall be secured or not And also to refer to arbitration or otherwise adjust, settle or compromise any questions or disputes that may happen to arise with any partner or any other person or persons concerning any accounts or transactions whatever And upon the Settlement or winding up of any such accounts or transactions I hereby empower the trustees for the time being of this my Will (if they shall think proper) to give and execute to any accounting or responsible party or parties, full and complete releases and discharges from all claims and demands whatsoever whether according to the general rule of Equity the giving of such receipts and discharges shall be strictly within the scope of their authority or not And I further empower my said trustees or trustee if deemed expedient to pay any sum or sums of money claimed to be owing from me although such claim may not be substantiated by strictly legal evidence or although the same may have become irrecoverable by lapse of time

Provided nevertheless and I hereby declare that this present Clause shall not be construed to revive or in any manner to perpetuate any claim or demand against my estate And I hereby declare that, notwithstanding the trust for sale and conversion hereinbefore contained, it shall be lawful for my said trustees or trustee to postpone and defer the sale and conversion of any part of my said real or personal estate for such period as to them or him shall seem expedient and that until such sale and conversion and until the money to be produced thereby shall be invested in the manner hereinafter directed the income arising from the said real or personal estate shall be applied in the same manner as is hereinafter directed concerning the income to arise from the stocks, funds and securities into which the proceeds thereof are hereinafter directed to be invested

And it is my Will and I hereby direct and declare that the trustees for the time being of this my Will shall stand possessed of the monies arising from my real estate hereinbefore devised and also the monies arising from my residuary personal estate and effects hereinbefore bequeathed Upon trust by, with or out of the same monies, respectively, to pay or satisfy and retain all my just debts, funeral and testamentary expences [sic] and all expences [sic] incident to the trusts hereby created and the pecuniary legacies hereinbefore bequeathed and to stand possessed of the residue or overplus of the said monies in trust for my seven Children hereinafter named, that is to say, JOHN DADDS, ANN SANKEY, MARY SLATER, MARGARET ROUND, RICHARD DADDS, JAMES DADDS, AND SUSAN the wife of Thomas SLATER, of Santon in the said County of Kent, Farmer, in equal shares and proportions for their own respective use and benefit subject, nevertheless, as to the shares of my said four daughters ANN SANKEY, MARY SLATER, MARGARET ROUND and SUSAN SLATER to the trusts hereinafter declared concerning the same respectively, that is to say,

Upon trust to receive the dividends, interest and annual produce arising from each such respective one fourth share and from time to time pay the same unto or permit the same to be received by my said respective daughter for and during her natural life but so that during any coverture (present or future) of any such daughter the same shall be for her separate use free from control and debts of her husband for the time being, and so that during such present or future coverture he shall have no power to alien or anticipate the growing payments of the said dividends, interest or annual produce of the stocks, funds and securities composing such share or any part thereof and from and after the decease of such respective daughter then upon trust to pay the dividends, interest and annual produce arising from the said respective share in the proceeds of my said real and residuary personal estate unto the husband (if any) of such daughter to permit or empower him to receive the same for the term of his natural life

And from after the decease of the survivor of such respective daughters of mine and her husband (if any), or from and after the decease of such daughter (as the case may be), then as to as well the said trust monies, stocks, funds or securities composing the share of such daughter as the yearly dividends, interest or produce of the same, respectively, which shall thenceforth become due and payable In trust for all or any one or more of the children now born and hereafter to be born or the grandchildren or other issue of my said respective daughters (such grandchildren or other issue to be born in the lifetime of such daughter) for such interest or interests either present or future and in such parts, shares or proportions and subject to such conditions, restrictions and limitations over in favor of any other or others of the said children, grandchildren or other issue and with such directions or regulations for maintenance, education and advancement and to be transferred or assigned at such age or ages either absolutely or upon such contingencies as my said respective daughter and her respective husband hereinbefore named shall at any time, or from time to time, during their lives by any deed or deeds to be executed by them in the presence of one or more witness or witnesses and to be attested by the same witness or witnesses and to be made either with or without power of revocation and new appointment or as the survivor of them, such daughter or husband, shall at any time or from time to time (and as to each of my said respective daughters notwithstanding her coverture by any future husband) by any deed or deeds to be executed and attested as aforesaid and to be made either with or without power of revocation and new appointment or by his or her last Will and Testament or any Codicil or Codicils thereto to be respectively duly executed by such survivor direct or appoint but so nevertheless that no transmissible interest be vested in any object of this present power by means of any appointment to be made, as aforesaid, until such person being a male shall have attained the age of twenty-one years, or, being a female shall have attained that age or have been married, and in default of such direction or appointment and subject to any appointment or appointments which shall not be a complete disposition of the whole of the trust funds comprising such respective share, as aforesaid, In trust for all the children (if there shall be more than one) of my said respective daughter to take in equal shares as tenants in common for their respective absolute use and benefit

And in case any one or more of the said children being a son or sons shall die under the age of twenty-one years or being a daughter or daughters shall die under that age without having been married Then as to as well the original share or shares of the said trust monies, stocks, funds or securities belonging to the child or children, respectively, who shall so die as aforesaid as also the share or shares thereof to which the same child or children, respectively, may become entitled under this present trust In trust for the other or others of the said children and, if more than one, to take as tenants in common or in case there shall be originally only one child of my respective daughter then In trust for such only child for his or her absolute use and benefit

Provided always And I hereby declare that no child or children of my respective daughters who shall take any share or shares of the said trust monies, stocks, funds or securities by virtue of any appointment or appointments to be made to any such child or children under any or either of the powers hereinbefore contained shall without a further appointment in his, her or their favor [sic] be entitled to any share of the unappointed part of the said trust monies, stocks, funds or securities unless the said child or children shall bring the share or shares appointed to him, her or them into distribution with the other child or children and make an allowance for the same

Provided also and I hereby further declare that, in case of the death of the survivor of them my said respective daughters ANN SANKEY, MARY SLATER, MARGARET ROUND and SUSAN SLATER and their said respective present or any future husband, any of the children, grandchildren or other issue of my said respective daughter who, under the trusts hereinbefore contained or under any appointment or appointments to be made in his, her or their favor [sic] by virtue of any of the powers hereinbefore contained, may be entitled to any vested or presumptive share or shares of the said trust monies, stocks, funds or securities shall being a male or males not have attained the age of twenty-one years, or, being a female or females not have attained that age or been married, then, subject and without prejudice to any contrary direction or regulation which may be made by any such appointment or appointments, it shall be lawful for the trustees or trustee for the time being of this my Will in their or his discretion, from time to time after such decrease, as aforesaid, to apply all or any part of the yearly dividends, interest or annual produce of the share of presumptive or expectant share of each such child, grandchild or issue being a male during his minority, and, being a female during her minority and discoverture, in or towards his or her maintenance and education or otherwise for his or her benefit or in the discretion of the said trustees or trustee for the time being, to pay the said dividends, interest and annual produce to the Guardian or Guardians for the time being of such minor or minors for the purpose aforesaid but without any obligation on the said trustees or trustee to see to the application thereof and that (subject as aforesaid) so much (if any) of the dividends, interest or annual produce arising from the share or presumptive share of each such Child, Grandchild or issue, respectively, as shall not be so applied as aforesaid shall be improved at interest and accumulated and the accumulations thereof, or so much thereof as shall or may remain eventually unapplied to the purposes aforesaid, be added to the principal of the share whence the same shall have arisen and be subject to all the trusts and provisions hereinbefore contained affecting the same share

Provided also and I hereby further declare that (subject and without prejudice to any contrary direction or regulation to be made as aforesaid) It shall be lawful for the said trustees or trustee for the time being with the consent of my said respective daughters and their respective husbands for the time being while such daughters shall be under coverture and with the consent of such daughter or husband being a widow or widower and after the death of such respective daughter and her husband then, in the discretion of the said trustees or trustee, to apply any part not exceeding one-half of the principal or value of the vested or presumptive share of each or any of the children, grandchildren or issue of my said respective daughters in the said trust monies, stocks, funds and securities in or towards the advancement or preferment in the World or otherwise for the benefit of the Child, Grandchildren or Issue to whom such share shall actually or presumptively belong as the trustees or trustee in their or his discretion shall think it fit

And in case there shall not be any children or child of any respective daughter of mine, as aforesaid, or there being any such he, she or they being a son or sons shall die under the age of twenty-one years, or, being a daughter or daughters shall die under that age and unmarried Then as to, for and touching the said trust monies, stocks, funds and securities composing the share of such respective daughter in the proceeds of my real and residuary personal estate or so much thereof as shall not have been applied or disposed of under or by virtue of any of the trusts and powers of this my Will in trust for such person or persons upon such trusts and, to and for such intents and purposes in such parts, shares, and proportions and in such manner and form in all respects as such respective daughter of mine shall at any time or times, whether covert or sole, by any deed or deeds with or without power of revocation and new appointment to be by her sealed and delivered in the presence of and attested by one or more credible witness or witnesses, or by her last Will and Testament in writing, or any Codicil thereto, or any writing purporting to be or in the nature of her last Will and Testament or Codicil, to be by her only executed, direct or appoint and in default of such direction or appointment and subject thereto, Then upon the trusts and for the intents and purposes hereinbefore expressed concerning the other or remaining parts or shares of my said seven children JOHN DADDS, ANN SANKEY, MARY SLATER, MARGARET ROUND, JAMES DADDS, RICHARD DADDS and SUSAN SLATER in the proceeds of the said real and residuary personal estate or such of them as be then subsisting and capable of taking effect and upon, to or for no other trust, intent or purpose whatsoever

Provided also and I hereby direct and declare that in case any or either of my said sons JOHN DADDS, RICHARD DADDS and JAMES DADDS shall depart this life in my lifetime leaving any child or children who may survive me and shall live to attain the age of twenty-one years or marry, Then and in such case I give and bequeath the share or respective shares of my son or sons so dying of and in the proceeds of my real and residuary personal estate unto and equally between or among such child or children for his, her or their absolute use and benefit, respectively, and if more than one in equal shares and proportions but so nevertheless that the child or children of any of my said three sons so dying, as aforesaid, shall take his, her or their respective Father's share only

And I declare that the presumptive share of each child or any or either of my said three sons so dying, as aforesaid, of any in the trust moneys, stocks, funds or securities composing the share of such son or sons in the proceeds of my said real and residuary personal estate shall be subject to the same or the like power to my trustees for the time being to apply the annual income arising therefrom during minority as is hereinbefore contained and expressed concerning the share of each child of my said daughters therein, in the same manner as if such clause were here repeated

Provided also and I hereby further direct and declare that in case any or either of my said sons JOHN DADDS, RICHARD DADDS and JAMES DADDS shall depart this life in my lifetime without leaving any child or children who shall survive me and shall live to attain the age of twenty-one years or marry, Then, and in such case, my said trustees or trustee for the time being shall stand possessed of the share or respective shares of such deceased son or sons, respectively, in the proceeds of my real and residuary personal estate as aforesaid Upon the trusts and for the intents and purposes and subject to the powers and provisions hereinbefore expressed concerning the other or remaining parts or shares therein of my said seven children JOHN DADDS, ANN SANKEY, MARY SLATER, MARGARET ROUND, RICHARD DADDS, JAMES DADDS and SUSAN SLATER or such of them as shall be then subsisting or capable of taking effect and upon, to or for no other trust, intent or purpose whatsoever

Provided also and I hereby further declare that, notwithstanding the trusts hereinbefore contained, it shall be lawful for the trustees or trustee for the time being of this of this my Will in their or his discretion or set apart and appropriate any specific part or portion, or parts or portions, of my messuages, lands, tenements and hereditaments or any specific funds or securities or other personal estate belonging to me in payment, satisfaction and discharge (either wholly or in part, as the case may be) of any legacy, part or share, or respective legacies, parts or shares, of any or either of my children or grandchildren under this my Will and such appropriation shall be absolutely binding and conclusive on all and every person and persons claiming under or by virtue of the trusts of this my Will But nevertheless it is my will and I declare that any such appropriation as aforesaid shall not determine or in any manner prejudice or interfere with the trust for sale and conversion hereinbefore contained concerning any estate or property which shall be so appropriated but the same trust for sale and conversion shall continue in force so long as the said estate or property shall remain vested in the said trustees or trustee for the time being, any thing hereinbefore contained to the contrary notwithstanding

Provided also and I hereby further declare that it shall be lawful for the trustees or trustee for the time being of this my Will to lay out and invest in their or his own name or names any legacies, sum or sums of money, or any residuary share or shares which shall or may be vested in them or him upon any of the trusts created or declared by this my Will in or upon any of the public stocks or funds or other British Government securities or upon mortgage of freehold, copyhold or leasehold estates situate in England and I declare that it shall be lawful for my said trustees or trustee for the time being, from time to time, to alter, vary and transpose the stocks, funds or securities which shall or may for the time being be vested in them or him upon any of the trusts of this my Will

Provided also and I hereby further declare that it shall be lawful for the trustees or trustee [in the Will here is written a repetition of the words "for the trustees or trustee"] for the time being of this my Will, at the request in writing of any daughter or daughters of mine being married, to lend and advance to the husband or respective husbands of such daughter or daughters, respectively, the whole or any part of the trust monies, stocks, funds or securities in which such daughter or daughters, respectively, shall have a life interest or life interests upon such security real or personal and at such rate of interest as my said trustees or trustee for the time being shall deem to be satisfactory and to continue such monies upon the same security or securities so long as the said trustees or trustee in their or his discretion shall think proper

Provided also and I hereby further declare that it shall be lawful for the trustees or trustee for the time being of this my Will with the consent in writing of the person or persons for the time being beneficially entitled to the actual income of the trust funds hereinafter mentioned and being of the age of twenty-one years and if there shall be no such person then in the discretion of the said trustees or trustee for the time being to sell or dispose of any part of the stocks, funds or securities vested in them or him upon any of the trusts of this my Will and to lay out and invest the monies to arise from the sale or disposition of such stocks, funds or securities in the purchase of any freehold messuages, lands, tenements or hereditaments in possession to be situate in England or Wales held for a clear and indefeasible estate of inheritance in fee simple, or in the purchase of any messuages, lands or tenements of copyhold tenure, or held under a renewable lease or leases for lives or for years, or held for an absolute term or terms whereof ninety years at the least shall then be unexpired, and that the messuages, lands, tenements or hereditaments to be so purchased shall be conveyed and assured unto and to the use of the said trustees or trustee for the time being, their or his heirs, Executors, Administrators or assigns, respectively, according to the nature and quality thereof, respectively, and shall be held by them or him Upon trust at any time or times in the discretion and of the absolute authority of the said trustees or trustee for the time being to make sale and absolutely dispose of the same messuages, lands, tenements and hereditaments, either together or in parcels, and either by public auction or private contract at such price or prices as can be reasonably gotten for the same, and under and subject to such conditions and stipulations as shall or may be deemed expedient with power to purchase in any hereditaments which may be offered for sale by auction and also to rescind or alter contracts and to convey the said hereditaments, when sold, to the purchaser or purchasers thereof or as he, she or they shall direct and to receive the purchase monies for the same And in such discretion, as aforesaid, to lay out the monies to be received in or upon such Government or real securities, as aforesaid

And I hereby further declare that the said trustees or trustee for the time being, their, his or her heirs, Executors, Administrators and assigns, respectively, shall hold as well the said hereditaments and the rents and profits thereof in the mean time until the sale thereof as the monies to arise from such sale or the stocks, funds or securities whereon the same shall be invested and at the yearly interest, dividends and produce thereof upon, for and subject to such of the several trusts, provisions and declarations (including this present provision and declarations) herein before expressed and contained concerning the stocks, funds and securities the proceeds whereof shall have been so laid out and invested, as aforesaid, and the yearly interest, dividends and produce thereof as shall be then subsisting or capable of taking effect

And I hereby further declare that the hereditaments to be so purchased, as aforesaid, shall, from and immediately after such purchase shall be made, be considered for all the purposes of this my Will as personal estate and be transmissible accordingly though no actual conversion thereof into money shall have taken place

Provided also and I hereby further declare that in case any hereditaments to be purchased, as aforesaid, shall be held by renewable lease or leases for lives or for years, the fines, fees and expences [sic] of any renewal of the same shall be defrayed out of the annual rents and profits of the premises whereof such renewal shall be made

Provided also that it shall be lawful for the said trustees or trustee for the time being their or his heirs, Executors or Administrators in their or his discretion to let and demise any hereditaments to be so purchased, as aforesaid, either from year to year or for any term not exceeding twenty-one years in possession at the most improved rents without taking any fine, premium or foregift and under and subject to such Covenants, stipulations and provisions as may be deemed expedient

And I further declare that it shall be lawful for the said trustees or trustee for the time being to make such purchases, as aforesaid, under and subject to any special or restricted conditions or stipulations concerning the title or evidence of title of the hereditaments so to be purchased and that the said trustees or trustee shall not be responsible for any defect of title therein if the Abstract of such title shall have been perused and approved by Counsel on their or his behalf, any rule of law or Equity to the contrary notwithstanding

I give and devise unto the said JOHN DADDS, JAMES DADDS, FREDERICK HARVEY SANKEY and FRANCIS SLATER all the estates and hereditaments which shall be vested in at the time of my decease as Mortgagee or Trustee to hold the same unto and to the use of them the said JOHN DADDS, JAMES DADDS, FREDERICK HARVEY SANKEY and FRANCIS SLATER, their heirs and assigns forever or for all my estate and interest therein, subject nevertheless to the Equities and trusts affecting the same, respectively, but so nevertheless that any mortgage money or moneys [sic] to which I may be beneficially entitled shall be applied and disposed of as part of my residuary personal estate but with such power of appropriation, as aforesaid

Provided always and I hereby declare that the receipts of the trustees or trustee for the time being of this my Will for any sum or sums of money, stocks, funds or securities which shall or may be paid or transferred to them or him under or by virtue of such Will, shall effectually discharge the person or persons paying or transferring the same from all responsibility in respect of the application thereof and also that it shall be lawful for the said trustees or trustee for the time being, from time to time, to engage and employ and consult any Accountants, Bailiffs, Receivers, Attorneys and Agents in the exercise and execution of the several trusts and powers of this my Will and to audit and allow the accounts of the persons so employed and to give them full and effectual acquittances, releases and discharges in respect thereof and further that it shall be lawful for the said trustees or trustee for the time being in the discretion and of the absolute authority of the said trustees or trustee to compound for or postpone and defer the enforcement of any claims or demands whatsoever which they or he shall or may have upon or against any person or persons whomsoever under or by virtue of this my Will and to refer or submit to arbitration any question or dispute concerning the same, or, if deemed expedient, wholly to relinquish or abandon such claims or demands or any of them

Provided also and I hereby further declare that in case the said JOHN DADDS, JAMES DADDS, FREDERICK HARVEY SANKEY and FRANCIS SLATER or any or either of them, or any trustee or trustees to be appointed under this provision, shall die or become unwilling or unable to act in the aforesaid trusts before the same shall be fully executed and performed Then, and as often as the same shall happen, it shall be lawful for (but shall not be incumbent on) the surviving or continuing trustees or trustee for the time being and if there shall be no such trustee then for the retiring trustees or trustee and, if there shall be no such trustee as last mentioned, then the Executors or Administrators of the deceased trustee or, if more than one, then of the last deceased Trustee to nominate and appoint any fit person or persons to supply the place or places of the trustee or trustees, respectively, so dying or becoming unwilling or unable to act, as aforesaid

And that immediately after every such appointment the trust estates, monies and effects, stocks, funds or securities for the time being shall be conveyed, assigned and transferred at the expence [sic] of the trust estate so and in such manner that the same may vest in such new trustee or trustees jointly with the surviving or continuing trustee or trustees, or, in such new trustee or trustees solely, as the case may require, subject to the trusts aforesaid, and such new trustee or trustees shall have and may exercise (as well before or after the execution of such Conveyance, Assignment or transfer, as aforesaid) all the powers and authorities whatsoever hereinbefore contained in the same manner to all intents and purposes as if he, she or they had been hereby appointed a trustee or trustees

Provided also and I hereby further declare that it shall be lawful for the person or persons exercising this present power to audit and pass the accounts of any person or persons retiring from the said trusteeship and to give him, her or them effectual releases and discharges in respect thereof

Provided also and I hereby further declare that the trustees for the time being of this my Will shall be charged or chargeable with such monies only as they respectively shall receive by virtue of the trusts hereby reposed in them notwithstanding their joining in or signing any receipt or receipts or doing any other act for the sake of conformity and that the said Trustees, respectively, shall not be answerable or accountable for the acts, receipts or defaults of any Co-trustee or any Banker, Agent or other person in whose hands any of the trust monies or property shall or may have been placed or intrusted [sic] or for any other misfortune, loss or damage which may happen in the execution of the aforesaid trusts or in relation thereto except the same shall happen by or through his, her or their willful act, neglect or default

Provided also and I hereby further declare that it shall be lawful for the said trustees for the time being, severally and respectively, by and out of the monies which shall come to their respective hands by virtue of the trusts aforesaid, to deduct, retain and reimburse for themselves, respectively, and also to allow to each other all costs, charges, damages, expences [sic] and fees to Counsel for advice which they or any of them may sustain, disburse or incur in or about the execution of the aforesaid trusts or in relation thereto

And especially I hereby declare that any and every present and future trustee who may happen to be of the profession of an Attorney at Law, Solicitor or Conveyancer shall be at liberty to make the same charges for business professionally transacted for the trust estate as such person would be entitled to make if he were not a trustee.

IN WITNESS WHEREOF I, the said JOHN DADDS, have to each sheet of this my last Will and Testament which is contained in twenty-two sheets of paper set and subscribed my hand this twenty-eighth [28th] day of February in the year of our Lord one thousand eight hundred and forty four [1844].

"John Dadds"

Signed by the said JOHN DADDS, the testator, in
the presence of us present at the same time who,
in his presence at his request and in the
presence of each other, have hereunto
subscribed our names as witnesses
I.E. Shearman, Solicitor, 23 Great Tower Street London
Thos. Robt. Atkinson, his Clerk

THIS IS A CODICIL to the last Will and Testament of me JOHN DADDS of Wingham, in the County of Kent, Gentleman, which Will bears the date the twenty-eighth day of February one thousand eight hundred and forty four.

Whereas I have by my Will devised and bequeathed certain real and personal estates and given powers to my son John Dadds, my sons-in-law Frederick Harvey Sankey and Francis Slater and my son James Dadds as Trustees and appointed them Executors of my Will and bequeathed to each of them a legacy of One hundred pounds apiece Now I revoke the appointment and legacy so far as regards the said FRANCIS SLATER and I confirm the appointment of the said JOHN DADDS, FREDERICK HARVEY SANKEY and JAMES DADDS as Executors and Trustees of my said Will

And whereas I have by my said Will directed that certain freehold, leasehold and personal estates and effects shall be offered to my sons Richard Dadds and James Dadds and also to my sons John Dadds and Richard Dadds and James Dadds and I have given and bequeathed certain legacies and bequests to my son Richard Dadds Now I hereby revoke all and every the bequests, clauses, matters and things contained in my said Will so far as regards my said son RICHARD DADDS (except the bequest of the plate, linen, china, books and wines) and I declare that my Will shall be construed and read as if the name of my said son RICHARD had not been inserted therein and it is my Will that my said son Richard shall only take and be entitled to the provision herein made for him in addition to his share of the plate, linen, china, books and wines I bequeath to my trustees, the said JOHN DADDS, FREDERICK HARVEY SANKEY and JAMES DADDS, the sum of one thousand pounds Upon trust to invest the same in the manner directed by my said Will as to the trust monies thereby bequeathed and pay the dividends, interest and yearly produce thereof unto my said son RICHARD DADDS during his life

Provided nevertheless and I hereby authorize and empower my said trustees or trustee for the time being in their or his absolute and uncontrolled discretion in case they or he shall deem it more advantageous and for the benefit of my said son RICHARD to apply the whole or any part of the said sum of one thousand pounds or the investment thereof for the personal use of the said RICHARD DADDS and after his decease then as to the said sum of One thousand pounds or such part thereof as shall not be applied for the benefit of my said son I direct that the same shall form part of my residuary personal estate

I authorize and empower my said trustees or trustee out of my estate and effects within six calendar months after my decease to set apart in their or his names or name sufficient funds in the Consolidated Bank Annuities and Three pounds per centum reduced Annuities or either of them to answer by means of the dividends thereof the payment of the Annuity or yearly sum of Seventy pounds, which Annuity I hereby bequeath unto my son RICHARD DADDS during his life and I direct the same to be paid to him by four quarterly payments during the year and after his decease I direct that the funds so to be set apart shall sink into and form part of my residuary personal estate

I give and bequeath the pecuniary legacies following (that is to say),

To my son WILLIAM the sum of Five hundred pounds in addition to the provision made for him by my Will

To my daughter SUSAN the sum of One hundred pounds in addition to her provision

To JOHN BEAL five pounds and

to my servant MARY MAXTED five pounds.

I direct that my son JAMES shall have the sole option of taking the several freehold and leasehold estates, Farming stock and other matters and effects by my said Will directed to be offered to him and the said Richard Dadds jointly and upon the same terms as are expressed in my said Will concerning the same and that my said son JOHN DADDS shall have the sole option of taking the marsh lands in Ash Level which I have directed in my said Will to be offered to him and my said sons Richard and James upon the same terms as are therein mentioned.

I confirm my said Will in all other respects.

IN WITNESS WHEREOF I have hereunto set my name this twenty-sixth [26th] day of January one thousand eight hundred and fifty one [1851].

"John Dadds"

Signed by the said JOHN DADDS in
the presence of us present at the same time who,
in his presence at his request and in the
presence of each other, have hereunto
subscribed our names as witnesses
John Furley, Jr.
George Furley, Canterbury

THIS IS A SECOND CODICIL to the last Will and Testament of me JOHN DADDS of Wingham, in the county of Kent, Gentleman, which Will bears date the twenty-eighth day of February one thousand eight hundred and forty four

Whereas I have by my first Codicil to my said Will bequeathed to Mary Maxted Five pounds Now I hereby revoke the said bequest to the said Mary Maxted.

IN WITNESS THEREOF I have hereunto set my hand this eighth [8th] day of April one thousand eight hundred and fifty one [1851].

"John Dadds"

THIS IS A FURTHER CODICIL to the last Will and Testament of me JOHN DADDS of Wingham, in the County of Kent, Gentleman, which Will bears date the twenty-eighth day of February one thousand eight hundred and forty four

Whereas I have by a former Codicil to my said Will bearing date the twenty-sixth day of January one thousand eight hundred and fifty one made certain provisions for my son Richard Dadds in lieu of the share and interest in my property given and bequeathed to him by my said Will and the cause of my having so altered my Will arose from the misconduct of my son and the fear I entertained that he would not use with sufficient prudence the property so given and bequeathed to him

And whereas I have lately remarked with pleasure that my said son Richard has conducted himself with greater propriety and in order therefore to shew [sic] my returning confidence in him and in the hope that he will endeavour in the future course of his life to take proper care of that which I now intend to give him, I hereby give and bequeath unto my said son RICHARD the sum of one thousand five hundred pounds absolutely in addition to the provision made for him in and by the hereinbefore mentioned Codicil to my Will

In witness whereof I have hereunto set my hand this twenty-third [23rd] day of May one thousand eight hundred and fifty one [1851].

"John Dadds"

PROVED at London with three Codicils the 6th Sept 1851 before the Judge by the oaths of JOHN DADDS and JAMES DADDS, the sons, and FREDERICK HARVEY SANKEY, the executors to whom administration was granted having been first sworn by Commission duly to administer.

	St. Mary the Virgin (Click photo for larger view.)
Will of John Dadds, of Wingham, Kent, Esquire, 1844
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