Neamefamily.com

Will of John Neame, Surgeon of Margate.
Proved 5 Apr 1855
PCC vol. 7 quire 301-350
Catalogue ref: PROB 11/2210

This is the Last Will and Testament of me JOHN NEAME of Margate, in the Parish of St John the Baptist, in the Isle of Thanet, in the County of Kent, Surgeon.

I give and bequeath to my wife Sarah Neame for her own absolute use, such of my furniture, plate, linen and other household effects as she may [want] and choose, not exceeding in value the sum of one hundred pounds. Such value to be ascertained, by a respected person to be appointed by my Executors, to value the same. I also give and bequeath to my said Wife, for her immediate use, the sum of fifty pounds sterling, to be paid to her as soon as possible after my demise, out of the first monies which shall come to the hands of my Executors, by virtue of this my Will.

I give and bequeath to my son-in-law Herman Dirs Mertens, and [friends] William Cobb of Margate, aforesaid gentlemen, and William Brooke, of the same place, Solicitor, my Executors hereinafter named, the sum of nineteen pounds sterling in token of remembrance. And for all other of my monies, and sureties, for money, furniture, goods, chattels, effects and other properties as well in possession as in [reversion--?] expectancy or contingency not [--?--] before otherwise disposed of, and constituting my residual personal estate. I give and bequeath the same and every part thereof unto the said Herman Dirs Mertens, William Cobb and William Brooke, their executors and administrators. I [direct] to sell and convert into money, all or part thereof, as shall not at the time of my demise consist of ready money or of [reversionary] expectant or [--?--] interests. And I direct that my said Executors and Trustees shall stand possessors of the monies to arise, and be received from my [discretionary?] personal estate upon the trusts, and for the purposes hereinafter directed or expressed of and [--?--] the same I give and devise all my [--?-- --?--] lands tenements and other [--?--] and real estate whatsoever except such Real Estates as may be vested in me as trustee or Mortgagee unto, and to the note of the said Herman Dirs Mertens, William Cobb and William Brooke, their heirs and successors, upon trust to sell and dispose of the same [--?--] and when they, my said Trustees, shall in their absolute [sanction deem] fit and proper, and by publication or by public auction or by private [sale] and [sold] together or in one lot, or in several parcels or lots. and at some place or places, time or times, and subject to such stipulations [---ative] to the title, or the evidence of title, or to any other matters connected with the sale. as my said Trustees may see fit and proper, or as their counsel may advise, with full discretion and authority to fix reserved biddings, and to bid in lot, or lots, at any auction, to [alter] or vary any contract for sale, and to resell the same as aforesaid without being liable for any consequential loss. And also to execute such instruments and assurances as shall be required, for carrying into effect and completing the sale of my said real estate. And I do hereby declare that my said Trustees shall be at liberty to postpone the sale of my real estate, as devised to them in trust as aforesaid, or any part thereof, for such period, or periods, as shall appear to them in their sole and absolute discretion to be reasonable and advantageous and that during the suspense of such sale of my said real estate and any part thereof my said Trustees shall have full power to let the same from year to year or for any term not exceeding fourteen years in possession at the best rate. And I do hereby further declare that the rents and profits from my said real estate from time to time remaining [monies] shall be received by my said Trustees and shall be applied in the same manner as the [--?--] profits of [such] Estate If [--?--] rates be as applicable. And that [--?--] the postponement of the sale of my said real estates or any part thereof the same shall be for the purposes of [--?--] and [--?--] be considered as [---erted] in equity from the time of my decease. I give and devise all such mortgages lands tenements and [--?-- --?--] as are not vested in me as Mortgagee or Trustee and whatever the same Estates be so vested in fee or for any term or terms of years unto and to the use of the said Herman Dirs Mertens and William Brooke their executors administrators and the aforesaid according to the different natures and [facilities] of the same Estates. And as to the monies to arise and be produced from the sale of my said real estate and from my subsidiary personal estate I will and direct that my said Trustees and Executors shall thereof in the first place pay all my just debts and funeral and testamentary charges and expenses and all expenses and charges [related] to the sale of my said real estates and conversion of my personal estate and after full payment and satisfaction of the same shall and so out of such monies lay out and invest either in the public stocks or funds or on good real security at interest in their own names a sum sufficient to provide by and from the dividends interest or annuity or funds yearly such of one hundred pounds of lawful money of Great Britain. And I will and direct that my said Trustees shall stand possessed thereof and the funds and securities in or after which the same may be invested with power to alter vary and dispose such funds and sureties from time to time as occasion may require In [trust] to pay the dividends interest and annual income thereof as the same shall from time to time and be devised unto my Wife for and during the term of her natural life as an inalienable personal provision for her and for which her rights under her hand shall alone be sufficient visitations my said Trustees thus I declare such annuity shall commence from my death and shall be paid to my said Wife out of the general monies of my Estate until such investment shall be made as aforesaid and shall be paid by quarterly payments the first quarters payment to be made within three calendar months next after the day of my decease And [--?--] and after the decease of my said Wife the said Trustees shall stand possessed of and interested in the principal or capital of the said trust funds and securities in trust and for the same persons to [--?--] I have hereinafter given the residue of the net monies to arise from the sale and conversion of my real and residual personal Estate and to various vested interests in such [persons] and to be payable to them in the value and in the like proportions as such residue is hereinafter directed or vested and paid [proviso] always and I do so will and declare that if during the life of my said Wife the said annuity or any part thereof shall be by her art or default by operation of same or any other trust whatever [unable?] to be payable into her own hands or as to prevent her [preservation] [--?--] hereof the trust hereinafter retained in her favour shall be immediately thereupon be paid and the capital of said trust monies in funds and sureties shall be held by my said Trustees in trust for [her] the same [persons] and for the same purposes and subject to the same provisions [--?--] in like manner in all [--?--] as are hereinafter declared or expressed Preserving the same after the decease of my said Wife as if she was then dead And as for the residue of the monies to derive and be derived from the sale and conversion of my real and residual personal estates after such payments and investments shall have been made as hereinafter directed I give and bequeath two equal fourth parts or shares thereof unto and equally between my son John Neame now resident in New Zealand and my daughter Emma Mertens wife of Herman Dirs Mertens of Margate aforesaid Solicitor share and share alike and to their respective executors and administrators for their own respective [associated] use and benefit. And as for the other or remaining two equal fourth parts or shares of such residue I will and direct my said Trustees shall stand possessed thereof and interests therein upon trust to pay and divide the value into and equally between my two youngest children Percy George Neame and Frederick Thomas Neame upon their respectively attaining the age of thirty years. The income of their respective shares thereof to be in the meantime laid out and expended in or towards their respective maintenance or benefit in such manner in all respects so that my said Trustees shall in their absolute discretion think most [----sive] to the interests of my said youngest children. Thus I do hereby empower my said Trustees notwithstanding any of the trusts hereinbefore or herein after as [certain] to apply at any period or periods before each of my said youngest children shall attain the age of thirty years for his advancement in the world or otherwise for his benefit any part or parts not existing in the whole [--?--] half of the capital of his share or apparent share in the proceeds of my estate. And in the case if my said youngest children shall die under the age of thirty years leaving issue such issue shall have and be entitled equally amongst them if more than one the share of their deceased parent in the proceeds of my Estate And in the case of my said youngest children should die under the age of thirty years without issue then the share of Said so [divided] shall go to and be equally divided amongst the others of my said children and the issue of any of them was being then dead shall have left such issue taking equally between them the share or respective shares to which him her or their parent or parents would have been entitled had he she or they been living provided always and I do hereby declare that if by reason of the act or [default] of certain of my youngest sons by art or operation of said share in the monies to be received from real and residuary personal estates or any part thereof shall or the income thereof or any part thereof shall or [--?--] out for this present provision default of certain of my youngest sons or by art or operation of said share in the monies to be received from the real and residuary personal estates or any part thereof or in the interest thereof or any part thereof shall or [--?--] out for this present provision be allowed charged or otherwise disposed to or in favour of any other person or persons previous to his attaining the said monies and thirty years Then and immediately thereupon his share in the said monies and in the monies thereof or the income thereof or any so [--?--] of the same respectively as attempted to be or shall have been paid to or received by the person or persons who for the time being would be entitled to receive the same if my said son had actually died [upon] the [day] of thirty years. This which I have already laid out and expended and paid in [---ration] support and maintenance or otherwise for my said son Thus to [equal] various sums of money to an exact amount. Now in order to make this share in my Estate more truly equal to the fortune I can give to my other children I do hereby direct that a sum of five hundred pounds part of the amount so reserved to or for him my said son shall be taken as an advance to the amount already made to him on account of the sale of my Estate under the provisions of this my Will and shall be deducted therefrom and allowed by him in the amount accordingly previous to and on the Condition for his taking any benefit under this my Will. Thus I hereby further declare my Will and mind to be and so hereby assert that the receipt and receipts of my said Trustees or of the survivor of them or of their executors administrators or [agencies] of such survivor under their or this [hand] or [hands] shall be a good and effectual [discharge] or good and effectual [discharges] to purchasers and others paying monies to such trustees by virtue of this my will and shall exonerate such purchasers and other persons from all liability to see to the application thereof or any part thereof and from all responsibility in recourse of the nonapplication or misapplication thereof or any part thereof. Thus I do hereby nominate and appoint the said Herman Dirs Mertens William Cobb and William Brooke Executors of this my Will Provided always and I do hereby will and direct that when and as often as vacancy shall occur in the Trusteeship of my Will [and Testament] in my lifetime or after my decease if all of my said Trustees or their [--?--] dying or being unwilling or incompetent to act the trustee or trustees for the time being competent to act and willing to exercise this present power whether intending to continue in the trust or not or if there shall be no [sure] Estate then my executors or administrators for the [time being] or other or any of them shall have power to nominate a trustee or trustees to supply the vacancy and therefore my trust property shall be vested in the old trustee with the new trustee or trustees or in the new executor solely as the case may require provided further that my trustee or trustees for the time being shall have the power to add or increase from time to time the number of trustees so as the [number] be not raised above four. Thus I [dictate] that all the previous Clauses of this my Will as far as thus in [--?--] my Trustees herein are named shall extend and apply to the trustee and trustees for the time being of my Will. And I direct that the said Herman Dirs Mertens and William Brooke together they shall accept the Trusteeship or not shall be the Solicitors to my sons estate and trust property and as such notwithstanding their acceptance of the Trusteeship be allowed all the professional charges which if [acting] so as solicitors to my Trustees not being themselves trustees they would be entitled to make. And I further declare that the trustees for the time being of this shall not be answerable for [states?] acts or receipts nor for loses happening without their own respective willful default and that they shall be at liberty to retain and allow to each other out of the respective trust monies and expenses [uniform] to the execution of the trusts and provisos of this my Will. In witness whereof I the said John Neame the Testator have written by my hand and seal this twenty third day of May in the year of our Lord one thousand eight hundred and fifty four.

John Neame signed and sealed by the said John Neame the Testator as and for and by him declared to be his last Will and Testament in the presence of us all present at the same time who at his request in his presence and in the presence of others have hereunto subscribed our names as witnesses
Richard Bayley Bricklayer Margate
Geo. [Hass] Tolly Clerk to Messrs. Brooke and Mertens Solicitors Margate

Proved at London 5th April 1855 before the Judge of Oaths Herman Dirs Mertens and William Brooke two of the Executors to whom Admon was granted having been first sworn by [Oath] only to administer Power reserved of making the like Grant to William Cobb the other Executor when he shall apply for the same