Hills Will 1817

Will of Walter Hills

of Maidstone, Kent


Source: Prerogative Court of Canterbury PROB 11/1588/448
Submitted by Christine Lewis
This is the last Will and Testament of me Walter Hills the Elder of Maidstone in the County of Kent, Baker
First I direct to be decently buried at the discretion of my Executors hereinafter named and as to my worldly Estates I dispose thereof as follows, vizt.

I give and devise unto my dear Wife Ann Hills and her assigns all and very my Messuages or Tenements Lands and Hereditaments parts & shares of Messuages or Tenements Lands and heredits. [hereditaments] situate in Maidstone aforesaid
And also all other my real Estate either in possession reversion remainder or Expectancy and wheresoever the same may be
To hold the same unto my said dear Wife and her assigns for and during the term of her natural life

And from and immediately after the decease of my said dear Wife Ann Hills I give and devise the same & every part thereof equally between and amongst my Nine Children
Thomas Hills Henry Hills Walter Hills William Hills Jonathan Hills Elizabeth Hills Robert Hills Isabella Hills Mary Ann Hills
and my Grandson Jonathan Pollard Joslen Son of my daughter Sarah late the Wife of _____ Joslen but now the Wife of James Collings

to their respective heirs and assigns to hold the same unto the said Thomas Hills Henry Hills Walter Hills William Hills Jonathan Hills Elizabeth Hills Robert Hills Isabella Hills Mary Ann Hills and Jonathan Pollard Joslen and their respective heirs and assigns for ever as Tenants in Common and not as Joint Tenants

Subject nevertheless to my Son Robert Hills being at liberty to purchase the Fee simple and Inheritance of the Messuage or Tenement and all other the premises now occupied by me situate in Stone Street Maidstone aforesaid at or for the price or sum of one thousand five hundred pounds provided he shall be desirous of so doing and of such his desire and intention shall give Notice in Writing to my then Executors or Executor his Executors or admors. [administrators] within six Calendar months next after the decease of my said Wife and do and shall pay the respective sum to which his Brothers or Sisters or their heirs are respectively hereby entitled immediately after the Expiration of such Notice together with Interest thereon from the death of my said Wife

And in case any or either of the persons hereby entitled to a part of my real Estate shall be a Minor or Minors at the death of my said Wife my Will and mind is that immediately on their respectively attaining the age of twenty one Years they shall convey their respective shares and Interests of and in my said Freehold premises situate in Stone Street Maidstone to my said Son Robert Hills or his heirs he & they paying them their respective proportions of the said Sum of one thousand five hundred pounds the sum named as the value of the Entirety of such premises together with Interest on their respective proportions of such sum of one thousand five hundred pounds from the death of my said Wife till the conveyance of such share or shares to my said Son Robert Hills by such Minor or Minors

and subject to the payment of all my Just Debts Funeral Expences & the other Costs of proving of this my Will I give and bequeath as follows (that is to say)
I give unto my dear Wife the sum of Four hundred pounds of lawful money of Great Britain to be by her given and divided amongst my three daughters Elizabeth Hills Isabella Hills and Mary Ann Hills or such of them as my said Wife in her discretion shall think fit

and subject to such payment of Four hundred pound to my said Wife to the payment of all my Just Debts Funeral and Expences and the Probation of this my Will
I direct that all my remaining ready money be placed out on Government or real Security or Securities at Interest in the names of my Executors hereinafter named and that the monies which shall be due to me on Securities not being Government or real Securitys be called in by my Executors hereinafter named and placed in like manner on Government or real Security the Interest and Dividends of which I hereby give and bequeath unto my said dear Wife Ann Hills for and during the term of her natural life

And I also give and bequeath unto my said Wife Ann Hills all an singular my household Furniture plate Linen China and Glassware Goods Chattels Effects and personal Estate not hereinbefore by me given and disposed of to hold the same unto my said Wife Ann Hills for and during the term of her natural life
and from and immediately after the death of my said wife I give and dispose of all & singular my personal Estate so to be placed out on Government or real Securities as aforesaid and all and singular my household Furniture, Plate, Linen, China and Glass ware, Goods Chattels and Effects or the money realized by Sale thereof in case my then Executor or Executors his Exors. or Admors. shall think fit to sell and dispose thereof and which I hereby empower them on the death of my said wife to do in the manner following, vizt.

I give and bequeath the same and every part thereof equally between and amongst my said children the said Thomas Hills Henry Hills Walter Hills William Hills Jonathan Hills Elizabeth Hills Robert Hills Isabella Hills Mary Ann Hills and Jonathan Pollard Joslen equally share and share alike to be Interests vested in them respectively on their attaining the respective ages of twenty one years subject to the said Jonathan Pollard Joslen paying out of his share of the said residue of my said personal Estate and Effects unto his Mother my daughter Sarah the wife of James Collings the sum of one hundred and Fifty pounds of lawful English money to whom I hereby give and bequeath the same
and for the better securing of the payment thereof I direct and empower my surviving or remaining Executors or Executors his Executors or Admors. to pay the same to the said Sarah the wife of the said James Collings and to deduct it out of the said Jonathan Pollard Joslen said share of the residue of my said personal Estate

I make nominate and appoint my said Wife Ann Hills and my said Sons Thomas Hills and Walter Hills Executors of this my last will & testament
And do hereby revoke & make void all former Wills and Codicils by me made and declare this only to be and contain my last will & testament

Provided always that neither of my said Executors hereinbefore named or appointed nor the Executors or admors. of either of them shall be charged or chargeable with or accountable for any Money Goods or Effects to be received by or under this my will except such only as she he or they shall actually receive nor with or for any loss which may happen of or in the same within his her or their wilful neglect or default nor for the mismanagement or failure (if any) Banker or Broker or agent employed or acting under them or any of either of them in or about the Execution or performance of the trusts and Executorship of this my Will nor shall either of them be answerable or accountable for the acts deeds receipts neglects or defaults of the other of them

And I declare and direct that my said Executors and every of them & their respective Executors admors. or assigns shall and may from time to time by & out of the trust monies and premises hereby given to or vested in them or which shall come to their respective hands by virtue of this my Will be allowed to retain and reimburse themselves all such loss Costs Charges damages and Expences (?) as they or either of them shall or may suffer sustain Expend or be put unto in or about the Execution of performance of the trusts or directions of this my Will or anyways relating thereto

In Witness whereof I have hereunto set my hand and seal (to wit) my hand at the bottom of the two first sheets heretofore and my hand and seal to this third and last sheet this Eighteenth day of February in the year of our Lord one thousand Eight hundred and thirteen
Walter Hills

Signed sealed published and declared by the said Walter Hills the Testator as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses
John Dowthwaite Druggist Maidstone - Richd. Jas. Cuthbert Kent Maidstone - Jno Jas. Cooke Atty. [Attorney] Maidstone

Proved at London 28th January 1817 before the Judge by the Oaths of Ann Hills Widow the Relict and Thomas Hills and Walter Hills the sons and Executors to whom admon. was granted having been first sworn by Common [Commission] duly to admr. [administer].
Exd.

Transcribed by Shelagh Mason 9th July 2020


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Will of Walter Hills
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