Last Will and Testament of Robert Smith of Croydon, miller (National Archives reference: PROB 11/1131/199)

Summary

The will of Robert Smith, miller, of Croydon, was made on 3 December 1784, amended with a codicil on 24 April 1785, and proved on 21 June 1785. The executors were Charles Smith, George Smith (nephews of the testator), Robert Smith, and Charles Smith (sons of the testator). According to the probate register copy, Robert left:

• £500 on trust to his nephews Charles and George and to “the Trustees of the Trust Premises for the time being” (but see below re amendment of this in the codicil).
  • The “Trustees of the Trust Premises” do not seem to be named anywhere in the will.
  • These trustees were required to lend half of the £500 to Robert-the-son and the other half to Charles-the-son at 4% interest, for as long as said trustees saw fit. If Robert and Charles did not want the loan, or after it had been paid back, the trustees were to invest the sum and give the interest to their brother William for the rest of his life. After William died, the capital was to go to his children if he had any who survived to the age of 21 (or who survived to marry, in the case of daughters), or to whoever would have inherited his estate otherwise.
• Annuities worth £97.5s per year on trust to the abovementioned trustees (but see below re amendment of this in the codicil).
  • The trustees were required to pay the interest to the testator’s wife Paulina Smith throughout her life. After she died, William was to get the interest, and after he died, the capital and interest were to go to his children or heirs under the same conditions as above.
  • If William died while his present wife was still alive, and he had children who were not yet eligible to inherit the £500 and the £97.5s annuities, the trustees were authorised to use part of the interest of the £500 and the annuities to pay for said children’s maintenance, education, and “advancement in life”. (This part is slightly out of sequence; it actually comes after the part about clothing.)
• If Paulina was alive when the testator died, £100 per year to William during Paulina’s lifetime only.
• All his clothing to William.
  • Any clothing that William didn’t want was to go to the “most deserving” of the men servants living with the testator at the time of his death.
• Various freehold and leasehold property on trust to Charles-the-nephew and George.
  • This property comprised:
    • Freehold land in Croydon that had been bought from Ann Barnard and was occupied at the time of writing by William Sherwood.
    • Four freehold houses in Bromley that had been bought from William Stick Baker (“Baker” here is probably a profession rather than a surname, and William is probably the William Stick listed by the Kent Archaeological Society as having been buried at St Peter & St Paul Church, Bromley).
    • Leasehold property, probably at Croydon, the freeholder of which was the Hospital of the Holy Trinity at Croydon.
  • Charles, George, and the Trustees of the Trust Premises were required to sell the property as fast as possible and for as good a price as possible, and to invest the proceeds.
  • All the interest on these investments, along with any rental income received from the property before it could be sold, was to go to the testator’s daughter Mary Pond for the rest of her life. After she died, it was to go to her husband John for the rest of his life. It was then to go to Mary’s children once they reached the age of 21 (or once they married, in the case of daughters); or, if she had no such children, to whoever she directed in writing that it should go to; or, if she had made no such direction, to whoever would have inherited her estate otherwise.
• £500 to Mary outright.
• £100 each to Mary and John for mourning.
• Various property to Robert-the-son.
  • Some of this was described as having been recently purchased from Mrs Hawkins and Edward Poor, and comprised:
    • Premises (almost certainly a pub) called the Bricklayers Arms, in the possession of William Rosyer.
    • A field of about three acres behind the Bricklayers Arms, in the possession of Charles-the-son.
    • Another field of about three acres “on the right hand of the Lane Leading to Duppers Hill and adjoining to the Workhouse at the upper end”, in the possession of William Kember.
  • The rest of it was described as having been recently purchased from William and George Meager, and comprised:
    • The Three Tuns Inn (or Three Tunns Inn), then or recently occupied by Robert Humphreys.
    • A “Messuage or Tenement and Shed” on the south side of this inn, then or recently occupied by Champion Bennett.
• Various property and money to Charles-the-son, comprising:
  • All the freehold land in Croydon that the testator had bought from John Washford, George Washford, and their wives.
  • £1250 (some of which might come from money that the testator was owed “from the Surry and Sussex Turnpikes”).
  • The remaining term of the lease on the house where Charles-the-son was then living.
• Various property to Robert-the-son and Charles-the-son together, comprising:
  • The manor of Hathersham in Surrey, including the manor house (“Capital Messuage”). This is stated as having been purchased from John Clement William Russel and John Russel as trustees under the will of Henry Shove. The manor is described as being located in the parishes of Nutfield, Horley, and Horne.
  • All of the testator’s copyhold property in the manor of Horley, belonging to Christs Hospital London (it is unclear whether the Hospital owns all of the manor or just this specific property).
  • The house where the testator currently lives in Croydon, on the condition that Paulina is allowed to continue living there rent-free for as long as she wants.
    • The testator clearly does not own the freehold of this house, since the will makes reference to “the remainder of the term which shall be to come therein”, and mentions paying the rent for it. It is described as “late belonging to Thomas Blake”, but the name of the current owner is not given. Perhaps Thomas Blake had died very recently, and the identity of his heir was not yet clear.
    • If Paulina did not choose to continue living in the house, she was to receive £35 per year for the rest of her life in lieu.
• Various household items to Paulina.
• His share (including stock, leases, money owed by customers, etc) of his two milling businesses to his son Charles, on condition that Charles pays half of the value of all this to Robert-the-son. These businesses are:
  • One carried on jointly with Charles-the-son at a mill in Waddon.
  • Another carried on jointly with his nephews George and William at a mill in Barking.
• Various monetary bequests to other people.
• The residue of his estate to his sons Robert and Charles, on condition that they:
  • Pay Paulina £120 per year in quarterly instalments.
  • Find a “proper female person” to live with Paulina and look after her.
  • Pay an annuity of £20 per year to Elizabeth ?Denn?.

In addition to the above, the will discharges all debts that William-the-son owes to his father.

The codicil to Robert’s will first notes that Paulina had died since the will was made. It then revokes the legacies consisting of £500 and of the £97.5s annuities, and instead directs that the trustees should be given £2000 of Bank of England bank stock to use in their place for the same purpose (i.e. the interest to William for the rest of his life, then the capital to his children or heirs); or, if the bank stock had been sold by then, that an income of £120 per year for William should be found by other means.

Below is my transcription of the probate register copy of the will. Thanks go to Brenda Hawkins for help deciphering part of this. Bold formatting reflects a different (larger) writing style in the document, and I have added paragraph breaks to make it easier to read.

Transcription

I Robert Smith of Croydon in the County of Surrey Miller being of sound and disposing Mind Memory and understanding Do make publish and declare this to be my last Will and Testament in manner and form following (that is to say)

I give devise and bequeath unto my Nephews Charles Smith of Bromley in the County of Middlesex Esquire and George Smith of Meepham [sic] in the County of Kent Maltster and to the Trustees of the Trust Premises for the time being the Sum of Five hundred Pounds of lawful Money of Great Britain upon trust that they my said trustees and the Trustees of the trust Premises for the time being do and shall lend and advance one half part thereof unto my Son Robert Smith on his Bond at four pounds per centum per Annum and the other half part thereof unto my son Charles Smith on his Bond at the like Interest of four pounds per Centum per Annum for so long time as my said Trustees shall think fit to continue the same on their respective Securities

But in case my said trustees shall callin [sic] the same or any part thereof or my said Sons or either of them shall not [something] ?take? or shall pay in the same or any part thereof Then upon trust that my said Trustees do and shall lay out and invest all such parts of the said Sum of five hundred pounds as shall come to their Hands in his or their own name or names in the public Stocks or Funds or upon Mortgage of Freehold Manors Messuages Lands and Tenements in that part of Great Britain called England (the Title of which shall be approved by Counsel learned in the Law) and do and shall from time to time alter vary transfer and dispose of the said Stocks Funds and Securities or any part thereof and place ?out? the Principal Sum and Sums of Money arising thereby in new or other Stocks Funds or real Securities as to him or them shall seem meet

And upon further trust that they my said trustees and the trustees trust Premises for the time being do and shall from time to time receive and take the Yearly Interest Dividends and Produce of the said Sum of Five hundred Pounds and of the Stocks Funds or Securities in which the same or any part thereof shall or may be invested as aforesaid and pay and apply the same to and for the use of my Son William Smith for and during the term of his natural life

and from and after the decease of my said Son William Then upon Trust that my said Trustees and the Trustees of the trust Premises for the time being do and shall pay assign and transfer the said Stocks Funds and Securities with all the accumulations Gettings and Savings thereof unto and among all and every the Child and Children of my said Son William lawfully begotten to be equally divided between them (if more than one) share and share alike and if there should be but one such Child then to such only Child and to be paid assigned and transferred unto the Son or Sons at his or their age or ages of twenty one years and to the Daughter or Daughters at her or their age or ages of twenty one years or day or days of Marriage respectively which shall first happen provided such marriage shall be with the consent of the trustees for the time being And I do hereby direct that all and every such share and shares shall be deemed and considered as vested Interests in such of the said Children being a Son or Sons as shall live to attain the Age of twenty one years or being a Daughter or Daughters shall live to attain that age or be married with such Consent as aforesaid which shall first happen

and in case any of them shall happen to die being a Son or Sons before he or they shall attain his or their age or ages of twenty one years or being a Daughter or Daughters before she or they shall attain that age or be married with such consent as aforesaid Then all and every the share or shares of him her or them so dying shall from time to time accrue and go to and be equally divided between the Survivors or wholly to the Survivor of them at the like Ages and time and subject to the like [something] and Condition of Survivorship as hereinbefore is declared touching his her or their said Original share or shares with Power for my said trustees to apply any part of the Yearly Income for or towards their respective maintenance and Education and the overplus (if any) to be added to their respective original Shares and to be paid to them respectively at the same time or times

But if my said Son William shall have no Child living at his Death or afterwards born alive or being such all of them shall happen to die before any of them being a Son or Sons shall attain the said age of twenty one years or being a Daughter or Daughters shall attain that age or be married with such Consent as aforesaid Then upon trust that my said trustees and the trustees of the trust Premises for the time being do and shall pay assign and transfer the said Stocks Funds and Securities together with all the Interest Gettings Savings and Accumulations thereof not applied as aforesaid unto such Person or Persons as will or would be intitled to the Personal Estate of my said Son William under the Statute for the distribution of Intestates Estates in case he had at that time died intestate and unmarried and to for or upon on other use trust intent or Purpose whatsoever

I also give devise and bequeath unto my said Trustees and the trustees of the trust premises for the time being the sum of ninety seven pounds five shillings per Annum long Annuities which I have settled on my Dear Wife Paulina Smith for and during the term of her natural life upon trust that they my said trustees and the trustees of the trust Premises for the time being do and shall permit and suffer my said wife Paulina Smith to have receive and take the Yearly Interest dividends and Profits of the said ninety seven pounds five shillings per Annum Long Annuities for and during the term of her natural life

and from and after the decease of my said wife upon trust that my said trustees and the trustees of the trust Premises for the time being do and shall pay and apply the Interest Dividends and Produce of the said ninety seven pounds five shillings per Annum long Annuities to my said Son William Smith for and during the term of his natural life upon Condition that my said Son William shall not assign or transfer his Interest or benefit of and in the said ninety seven pounds five shillings long Annuities during his life to any person or persons whatsoever

and from and after the decease of my said Son William Then upon trust that my said trustees and the trustees of the trust Premises for the time being do and shall from time [sic] receive and take the Yearly Interest Dividends and Produce of the said ninety seven pounds five shillings per Annum Long Annuities and also assign or transfer and receive the Principal thereof and pay and apply the whole of the Principal Interest and dividends thereof unto and amongst the Child or Children of my said son William Smith or his next of kin in like manner and under and subject to the like trusts and Contingencies in all respects and payable at such Ages Days and times and in such manner and with the like benefit of Survivorship as hereinbefore is mentioned declared and appointed of and concerning the said Sum of Five hundred pounds hereinbefore given and bequeathed unto my said Trustees upon the trusts aforesaid

and in case my wife Paulina Smith should happen to Survive me I give devise and bequeath unto my said Son William Smith from and after my decease the Sum of one hundred pounds per annum payable Quarterly by my Executors hereinafter named for and during the time of the natural life of my said Wife the first quarterly payment thereof to begin and be made in three months next after my decease But it is my Will and Intention and I hereby direct that the said Legacy of one hundred pounds per annum shall cease and become void upon the decease of my said Wife.

Also I give and bequeath to my said Son William Smith all my Wearing Apparel of what nature or kind soever that I may die possessed of and such part thereof as my said Son William shall not think worth his acceptance I desire my Executors hereinafter named may give them to the most deserving of the men servants that may be living with me at the time of my decease

and I hereby authorize and impower my Executors and Trustees in case my said Son William should die in the life time of his present Wife and in case he should leave a Child or Children to pay and apply such part of the Interest Dividends and Produce of the said five hundred pounds and ninety seven pounds five shillings per Annum long Annuities as they may think proper either to my said Sons present Wife or otherwise for and towards his her or their maintenance Education and Advancement in life till they or either of them shall become intitled to their respective shares as aforesaid

Also I give devise and bequeath unto my said Nephew Charles Smith of Bromley aforesaid and to the said George Smith all those my Freehold Lands and Meadows lying and being in the Parish of Croydon aforesaid with the Appurtenances which I bought of Mrs Ann Barnard as the same are now in the Occupation of William Sherwood and also all those my four Freehold houses with their Appurtenances situate at Bromley in the County of Kent which I purchased of William Stick Baker and also all those my Leasehold Messuages or Tenements Lands and Premises which I hold from the Hospital of the Holy Trinity at Croydon aforesaid To hold such parts of the said Premises as are Freehold unto and to the use of the said Charles Smith and George Smith and to their heirs and assigns for ever and to hold the Leasehold parts of the said Premises unto the said Charles Smith and George Smith their Executors Administrators and Assigns for and during all such Estate Interest and term of Years as I shall have to come therein at the time of my decease upon the several trusts nevertheless and to and for the several uses Intents and Purposes and under and subject to the Powers Provisoes and Agreements hereinafter mentioned expressed and declared of and concerning the same premises respectively (that is to say)

upon trust that my said trustees and the trustees of the trust Premises for the time being do and shall with all convenient speed after my decease sell and dispose of all or any part of the said hereditaments and Premises so devised to them as last aforesaid unto such Person or Persons as shall or may be willing to become the Purchasor or Purchasors thereof either by Public Auction or Private Contract for the best price and most money that can be had or procured for the same and do and shall lay out and invest the money arising by such Sale or Sales in their own Names or Name in some of the Publick [sic] Stocks Funds Government or real Securities and do and shall from time to time alter vary transfer and dispose of the said Stocks Funds and Securities or any of them and place out the Principal Sum and Sums of Money arising thereby in the Purchase of new or other Stocks Funds and Securities as to him or them shall seem meet so as that the same always be done by and with the consent of my Son in Law and Daughter John and Mary Pond during their lives and the life of the Survivor of them

and upon further trust that they my said trustees and the Trustees of the Trust Premises for the time being do and shall pay and apply and dispose of the Dividends Interest and Proceeds of the said Stocks Funds and Securities so to be purchased by them as aforesaid and also the Rents and Profits of the said Estates and Premises until such Sale or Sales can be had as aforesaid as the same shall become due and payable into the proper hands alone of my Daughter Mary Pond the Wife of the said John Pond for and during the term of her natural life or otherwise do and shall permit and suffer and and fully authorize and impower her my said Daughter Mary Pond to receive and take the same to and for her own sole and separate use and benefit and her Receipt alone shall from time to time be a good and sufficient discharge for the same notwithstanding her Coverture It being my Will and intention that the same shall be for her own sole and separate use and at her own sole and separate Disposal notwithstanding her Coverture and as if she was sole and unmarried and that the same shall not be subject to the Receipts Debts Controul [sic] or Disposition of her present or any future husband

and from and after the decease of my said Daughter Mary Pond Then upon trust to pay the Interest Dividends and Produce of the said Stocks Funds and Securities and also the Yearly Rents of the said premises until Sale thereof as aforesaid as the same shall from time to time accrue and become due and payable unto or do and shall permit and suffer the said John Pond to receive and take the same for and during his natural life to and for his own use and benefit

and from and after the decease of the Survivor of them the said John and Mary Pond Then upon trust to pay assign and transfer the Money to arise by Sale of the said Estate and the Stocks Funds and Securities in which the same shall or may be then invested unto and among all and every the Child and Children of my said Daughter Mary Pond both Sons and Daughters and to be paid to and vested in him her or them at such Ages and times and in such manner and subject to such consent and with Such Survivorship and Power to apply the Interest and Dividends of their respective shares towards their maintenance during their respective Minorities as is hereinbefore directed with respect to the Children of my Son William concerning the trust monies hereinbefore bequeathed unto or for their use and benefit in manner as aforesaid

and in case my said Daughter Mary Pond shall have no child living at the time of my decease or being such all of them shall happen to die before any of them being a Son or Sons shall attain the age of twenty one years or being a Daughter or Daughters shall attain that age or be married with such Consent as aforesaid Then upon trust to convey pay assign and transfer the said Messuages Lands Hereditaments and Premises or the said Stocks Funds and Securities unto such Person and Persons and to and for such Uses Intents and Purposes as she my said Daughter Mary Pond by any Deed or Deeds in Writing or by her last Will and Testament in Writing to be by her signed Sealed and Executed (with or without power of Revocation) in the presence of and to be attested by three or more Credible Witnesses notwithstanding her Coverture and whether Sole or married shall direct or appoint

and for want of such direction or appointment and as the Estates and interests thereby created shall respectively end and determine and as to all such parts whereof no such direction or appointment shall be made Upon trust that my said trustees and the trustees of the trust Premises for the time being do and shall convey pay assign and transfer the said Messuages Lands Hereditaments and Premises or the said Stocks Funds and Securities together with the Savings gettings and Accumulations thereof not applied as aforesaid unto such Person or Persons as will or would be intitled to the Personal Estate of my said Daughter Mary Pond under the Statute for the Distribution of Intestates Estates in case she had at that time died intestate and unmarried and to for or upon no other use trust intent or purpose whatsoever

and for facilitating any such Sale or Sales as aforesaid I do hereby will and declare that the Purchasor or Purchasors of all or any part of the said Premises so to be sold and his her or their Heirs Executors Administrators and Assigns respectively shall upon payment of his her or their purchase Money to my said Trustees or the Trustees of the trust Premises for the time being have hold and enjoy the Premises so by him her or them purchased freed and discharged of and from the Trust Estates and Interests created by this my Will and that their receipts alone shall be a good and sufficient discharge to such Purchasor or Purchasors and that from thenceforth such Purchasor or Purchasors shall not be answerable or accountable for any loss misapplication or nonapplication of the said Purchase Money or any part thereof Provided always and I do hereby authorize and impower my said trustees from time to time to renew the Lease of the Leasehold Premises before bequeathed to them in trust to be used as aforesaid in case the usual time of renewing such Lease shall happen before they shall have sold the same and retain and pay the Fine or Fines of such renewal and other individual Charges attending the same out of the Rents and Profits of the same Premises

I also give and bequeath to my said Daughter Mary Pond the Sum of five hundred Pounds to be paid to her at the End of six months next after my decease to and for her own separate use and benefit also I give and bequeath unto the said John Pond and Mary his Wife one hundred pounds each for mourning

Also I give devise and bequeath unto my said Son Robert Smith and his Heirs and Assigns for ever all that my Messuage or Tenement and Premises known by the Name or Sign of the Bricklayers Arms in the Possession of William Rosyer together with a Field behind the said Messuage containing about three Acres now in the Possession of my Son Charles Smith and another Field containing about three Acres on the right hand of the Lane Leading to Duppers Hill and adjoining to the Workhouse at the upper end in the Possession of William Kember all which premises I lately Purchased of and from Mrs Hawkins and Edward Poor Esquire Also all that Messuage or Tenement and Premises known by the Name or Sign of the three Tunns Inn in the Town of Croydon aforesaid now or late in the Occupation of Robert Humphreys and the Messuage or Tenement and Shed situate on the South Side of the said three tuns Inn now or late in the Occupation of Champion Bennett all which last mentioned Premises I lately purchased of William and George Meager

Also I give devise and bequeath unto my said Son Charles Smith and to his Heirs and Assigns for ever all those my Freehold Lands and Meadows in the Parish of Croydon which I purchased of John Washford and Mary his Wife and George Washford and Mary his Wife Also I give devise and bequeath unto my said Son Charles Smith and to his Heirs and Assigns for ever the Sum of seven hundred and fifty pounds of lawful Money of Great Britain and likewise the further sum of five hundred pounds of lawful Money of Great Britain due and owing to me from the Surry [sic] and Sussex Turnpikes or the Sum of Five hundred pounds of lawful Money of Great Britain in case the said Five hundred pounds shall be paid off by the Surry and Sussex Turnpikes in my life time Also I give devise and bequeath unto my said Son Charles Smith the Messuage or Tenement and Premises wherein he now dwells for and during the remainder of the term which shall be to come therein at the time of my decease Subject to the Payment of the Rent and Performance of the Covenants reserved and contained in the Lease by which I hold the same

Also I give devise and bequeath unto my said sons Robert Smith and Charles Smith all that my Manor or reputed Manor Capital Messuage or Tenement Lands Hereditaments and Premises commonly called Haddersham otherwise Hathersham lying and being in the Parishes of Nutfield Horley and Horne in the said County of Surry or some or one of them which I purchased of John Clement William Russel and John Russel Devisees in trust named in the last Will and Testament of Henry Shove late of Haversham in the said Parish of Nutfield Yeoman deceased

And also all those my Copyhold Messuages Lands and Premises whatsoever holden of the Manor of Horley belonging to Christs Hospital London which I have surrendered to the use of my Will To hold unto and to the use of my said Sons Robert and Charles Smith and the Survivor of them and the heirs and Assigns of such Survivor for ever

Also I give devise and bequeath unto my said Sons Robert and Charles Smith the Messuage or Tenement and Premises wherein I now live in Croydon aforesaid late belonging to Thomas Blake Esquire To hold to them their Executors Administrators and Assigns as Tenants in Common and not as joint tenants for and during the Remainder of the term which shall be to come therein at the time of my decease they paying the Rent and Performing the Covenants therein contained on the part of the Tenants to be paid and performed upon this Condition nevertheless that they my said Sons Robert and Charles do and shall permit and suffer my said Dear Wife Paulina Smith to have and use the whole of the said Premises during the term of her natural life if she shall think fit to reside there free and clear of all Rent and Taxes (except Parochial Taxes) But in case my said dear Wife shall decline or not chuse to live and reside in my said house at Croydon aforesaid Then and in that case I give and bequeath to my said dear Wife for and during the term of her natural life the Yearly Sum of thirty five pounds in lieu thereof to be paid to her by half Yearly Payments by my residuary Legatees and Executors hereinafter named and appointed the first half yearly payment thereof to begin and be made at the first Lady Day or Michaelmas next after my decease

And I do also give unto my said Dear Wife all my Wines Liquors Coals Wood Candles and Stores of all Sorts that may be laid into my Dwelling House for the Use of my Family over and above such Furniture and things as I am to leave her at my Death as mentioned in our Marriage Articles

And I will and direct that the Trade or Business which I carry on jointly with my Son Charles at the Mill at Waddon in the Parish of Croydon aforesaid and at the Mill at Barking in the County of Essex which I carry on in Partnership with my Nephew [sic] George and William Smith together with my part and share of the Lease thereof with the Stock Monies and Effects employed and owing in the same shall be carried on by my said two Sons Robert and Charles Smith until the twenty ninth day of September next after my decease and that the whole of such Stock Monies Debts together with my part and share of the Lease of Barking Mills [sic] and the utensils and things employed in both the said Trades and Businesses shall be then valued by them in the same manner as I have usually valued the same and that the same Deduction be taken from the Debts owing by the Customers as shall be made at the Michaelmas next before my decease with five pounds per Centum more

and I give and bequeath unto my said Son Charles Smith my Moiety of such Business Monies Debts and Utensils at Waddon Mill aforesaid and my part and share of such Business Lease Monies Debts and Utensils at Barking Mills aforesaid and all my Right and Interest therein upon Condition nevertheless that my said Son Charles Smith do and shall immediately upon or after the said twenty ninth day of September next after my decease pay unto my said Son Robert (his Brother) one half part of my Moiety of the Amount or Valuation of such Stock Monies Debts and Utensils at Waddon Mill aforesaid and one half part of my part and share of the amount or Valuation of such Stock Lease Monies Debts and Utensils at Barking Mills aforesaid so to be taken and made as aforesaid

and in case my said two Sons cannot agree in making such Valuations as aforesaid Then I will and direct that they shall call into their assistance my said Nephew Charles Smith of Bromley and the said George Smith and the Valuations to be made by them shall be binding and conclusive upon both my said Sons respectively

Also I give and bequeath unto my said Wifes Grand daughter Paulina Pistor Daughter of Mr Johnston [sic] Pistor and Mary his Wife the Sum of hundred Pounds of lawful money of Great Britain to be paid to her at the age of twenty one years and in case of the decease of the said Paulina Pistor before her said age of twenty one years Then I give the said one hundred pounds unto the next eldest Daughter of the said Mary Pistor who shall live to attain the said age of twenty one years

Also I give and bequeath unto John Pond the Younger Son of the said John Pond one hundred pounds of lawful money of Great Britain to be paid to him at his age of twenty one years

Also I give and bequeath to Rebecca ?Axtell? the sum of ten pounds

Also I give and bequeath unto Thomas ?James? of Barking aforesaid Five pounds five shillings if he shall be living with me and my Nephews at the time of my decease

Also I give and bequeath unto Susannah Mungall the Monthly Sum of one pound one shilling to be paid her on the first Monday in every Month in every year during the term of her natural life from and after my decease the first payment thereof to begin and be made on the First Monday in the next month after my decease

Also I give and bequeath unto my Nephew Charles Smith of Bromley aforesaid the Sum of ten pounds for mourning

Also I give and bequeath unto George and William Smith Sons of my Brother William Smith deceased ten pounds each for mourning

Also I give and bequeath to Johnson Pistor and Mary his Wife Frances Roberts Widow and to Edward ?Davids? in case he shall be in my Service or Employ at the time of my death and to each of them ten pounds for Mourning

Also I give and bequeath to each of the Maid Servants that shall be living with me at my decease five Guineas for mourning

Also I give and bequeath ten pounds to the Poor of the Parish of Croydon aforesaid to be distributed to such Persons there and in such manner and Proportion as my Executors shall think proper

Also I give to the Servants that shall Work at Wadden [sic] and Barking Mills at the time of my decease one Guinea each and to the men Servants that shall work or live with my said Son Charles at the Premises where he now resides and with my Son Robert at the Brewhouse at the time of my decease one Guinea each

And I do hereby will and direct that my Executors do and shall with all convenient speed after my death get in collect and receive all Debts that may be due and owing to me at the time of my decease except the Stock debts Utensils owing or employed in the trade or Business at the Mill at Waddon and the Stock Lease Debts and Utensils owing or employed in the Trade or Business at the Mill at Barking aforesaid which I have hereinbefore directed to be sold and coverted [sic] into money at the Michaelmas next after my decease and all other my Goods and Chattels whatsoever and for that purpose and to that end I empower them to make any reasonable Composition for any Debt or Debts due to me and to discharge the whole of such Debt or Debts on receiving such Composition as they shall think proper

and all the rest residue and remainder of my Goods Chattels and Personal Estate of what nature or kind soever which shall remain after paying and satisfying all my just Debts Legacies Funeral and Testamentary Charges I give and bequeath unto my said Sons Robert and Charles Smith and to their Heirs and Assigns for ever

Upon this Condition nevertheless that my said Sons Robert and Charles do and shall by and out of the said residue and remainder of my said Estate and Effects pay to my said Dear Wife Paulina Smith or otherwise pay apply and appropriate the Sum of one hundred and twenty pounds a year by even and equal quarterly Payments to her and for her use in such manner as to them my said Sons Robert and Charles shall seem most proper for her Convenience and Accommodation the first of the said quarterly Payments to become payable and to be appropriated to her use within three months or on the first quarter day next after my decease

and as my said Dear Wife is now in an infirm state of health and likely to continue so I hereby desire that my said two Sons Robert and Charles do procure a proper Female Person to take care of her and to live in the house with her and to manage the same for her and I do hereby order and direct my said Sons Robert and Charles to pay to such Person as they may procure for the purpose aforesaid such Quarterly Stipend Salary or Wages as in their Discretion they may judge proper and necessary out of the said Annuity of one hundred and twenty pounds

and I also charge the residue and remainder of my said Estate and Effects with the Payment of one Annuity or Yearly Sum of twenty pounds during the natural life of Elizabeth ?Denn? widow in discharge and satisfaction of a certain Bond or Obligation entered into by me for that purpose which I hereby direct my said Sons Robert and Charles to pay to the said Elizabeth ?Denn? accordingly

And I hereby release and discharge my said Son William from all debts and Engagements to me upon his Notes of Hand or otherwise howsoever up to the day of my decease

And my will further is and I do hereby declare and direct that in case the said Charles Smith of Bromley aforesaid and George Smith or either of them or any new trustee or trustees hereafter to be appointed shall neglect or refuse to act or happen to die before the several trusts hereby vested in them are fully performed Then and in such case and so often as the same shall happen it shall and may be lawful to and for my said Children Mary Pond Robert Smith Charles Smith and William Smith by any Writing or Writings under their hands and Seals or under the Hands and Seals of the Major part of them who shall be then living attested by two or more Credible Witnesses to nominate and appoint any other Person or Persons to be a trustee or trustees for the respective purposes aforesaid or any of them in the place or stead of the said Charles Smith of Bromley and George Smith or either of them or any other trustee or trustees hereafter to be appointed who shall be dead

and so from time to time and as often as there shall be occasion to nominate and appoint any other Person or Persons to be a trustee or trustees in manner and for the respective purposes aforesaid or any of them in the Place and stead of the said Present or any successing or other trustee or trustees who shall neglect and refuse to act or happen to die as aforesaid and that when and so often as any new trustee or trustees shall be nominated or appointed as aforesaid the Messuages or Tenements Lands and Premises and also the Stocks Funds and Securities or such parts or Shares thereof for which such new trustee or trustees shall be so appointed shall be thereupon with all convenient speed paid assigned and transferred in such sort and manner as that the same shall be legally and effectually vested in the Surviving or Continuing trustee and former trustees and such new trustee or Trustees upon the trusts hereinbefore mentioned of and concerning the same respectively and that every such new trustee or trustees shall and may in all things act in the management carrying on and Execution of the respective trusts aforesaid in conjunction with the other and others of them who shall survive and continue as Effectually in all respects as if he or they had been originally in and by this my Will nominated and appointed a trustee or trustees for the respective purposes aforesaid

And lastly I do hereby make constitute and appoint the said Charles Smith of Bromley aforesaid and the said George Smith together with my said Sons Robert Smith and Charles Smith joint Executors of this my Will And I give and bequeath unto each of them for their trouble the sum of Fifty pounds

and it is my will and intention that my said trustees and Executors shall not be answerable or accountable for any loss or damage that may happen to my Estate and Effects in the Execution of this my Will or the trusts hereby reposed in them so as the same do not happen by his or their Wilful default or be liable or answerable for the Acts Deeds or Receipts the one for the other of them but each for his own Acts Deeds or Receipts only and that they and each of them do in the first place deduct and retain out of my Estate all Costs Charges Expenses which they shall respectively sustain or be put unto in or about the Execution of this my Will and the Trusts hereby in them reposed

and I do hereby revoke and make void all former and other Wills Codicils and bequests by me at any time heretofore made and I do publish and declare this only to be and contain my last Will and Testament

In Witness whereof I the said Testator Robert Smith have to two parts of this my last Will and Testament each part contained in thirteen Sheets of paper set my hand to each Sheet thereof and my Seal at the top of the first Sheet where the same are affixed together and my hand and Seal to the last Sheet this third day of December one thousand seven hundred and eighty four Robt Smith [seal]

Signed Sealed Published and declared by the said Robert Smith the Testator as and for his last Will and Testator [sic] in the presence of us who in his presence and at his request and in the presence of each other have subscribed our names as Witnesses hereto Wm Jackson Mark Lane Wm Ward, Geo: Bayly } Clerks to Mr Jackson

[Codicil]

Whereas in and by my last will and Testament in the first Sheet thereof above written and duly executed by me I have given and bequeathed to my trustees therein named five hundred pounds upon the trusts therein mentioned and in the third Sheet thereof I have given the Sum of ninety seven pounds five shillings per Annum long Annuities upon trust that they my said trustees do permit and suffer my wife Paulina Smith to receive the Yearly Interest and produce thereof for her life and at her decease to my Son William Smith upon the trusts therein mentioned

And whereas my dear Wife Paulina Smith having departed this life since the making of my said Will I do hereby revoke and make void the said Legacies and instead thereof do give devise and bequeath unto my trustees therein mentioned the Sum of two thousand Pounds Bank Stock now standing in my Name in the Books of the Governor and Company of the Bank of England Upon the same trusts and under the same Conditions as the said Sum of ninety seven pounds five shillings per Annum long Annuities is therein mentioned and Limitted [sic] to be paid and to for or upon no other use trust intent or purposes whatsoever

but in case it shall happen that the said two thousand pounds Bank Stock shall be sold out and disposed of and not remaining in my Name at the time of my decease then I direct and impower my said trustees to pay to my said Son William the Sum of one hundred and twenty pounds per Annum half Yearly as in my said Will is directed and appointed by and out of any other Sum I may have in the public Funds at the time of my decease

and in case there shall not be a sufficient Sum in the Publick [sic] Stocks or Ffunds at the time of my decease I will order and direct my Executors therein named to pay to the said trustees the said Sum of one hundred and twenty pounds per annum by and out of the residue of my Estate upon the trusts aforesaid and in my said Will mentioned

I also give devise and bequeath unto the Governors or Trustees of Saint Thomas’s Hospital for the time being for the use of the said Hospital the Sum of Fifty Pounds to be paid to them within three Months after my decease

In Witness whereof I have to this Codicil to my last Will and Testament (which I desire to be taken as part thereof and also to a Duplicate annexed to another part of my said last Will) set my hand and Seal this twenty fourth day of April one thousand seven hundred and Eighty five Robt Smith [seal]

Signed Sealed Published and declared by the said Testator Robert Smith as and for a Codicil to his last Will and Testament hereto annexed in the presence of us who in his presence at his request and in the presence of each other have subscribed our Names as Witnesses John Ward Wm Jackson Mark Lane London

This Will was proved at London with a Codicil the twenty first day of June in the year of our Lord one thousand seven hundred and eighty five before the worshipful George Harris Doctor of Laws Surrogate of the Right Worshipful Peter Calvert also Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oaths of Charles Smith and George Smith the Nephews and Robert Smith and Charles Smith the Sons of the deceased and Executors named in the said Will to whom administration was granted of all and singular the Goods Chattels and Credits of the said deceased having been first sworn duly to administer.