Will of John Miller

of West Farleigh, Kent

I give devise and bequeath unto my Brother Giles Miller of West Farleigh in the said County of Kent Yeoman, my Cousin John Miller of Yalding in the said County Yeoman and my loving Wife Ann and to their Heirs and Assigns All that my Messuage or Tenement Farm and Lands together with all the outbuildings and other Appurtenances to the same belonging situate in the Parish of East Farleigh in the said County of Kent which I purchased of Thomas Stone deceased now in the Tenure or occupation of William Furminger and myself
And also all that my other Messuage Tenement Farm and Lands together with all outbuildings and Appurtenances to the same belonging situate in the Parish of East Farleigh in the said County of Kent which I purchased of Thomas Moone and as the same are now occupied by the said Thomas Moone as Tenant to me
And also all that my Messuage Tenement or Dwellinghouse now in the occupation of William Pierson together with the Outbuildings and Lands to the same belonging situate in Colley Street in the Parish of Yalding in the same County of Kent
And also all that Cottage with the Garden Spot of Ground thereunto belonging situate in the Parish of Yalding aforesaid and now rented by the Overseers of the same Parish
And also all that my Farm Lands and Premises situate in Dean? Street in the Parish of East Farleigh aforesaid as the same are now in my own possession together with the Tenement occupied by Richard East and other Buildings thereunto belonging as the same are now in my own possession
and also all that my other Messuage or Tenement and Buildings with the Land thereunto belonging situate in the Parish of East Barming in the same County of Kent as the same are in the occupation of the Widow Brook
And also all that my other Messuage or Tenement together with the piece of Land thereunto belonging situate in the Parish of East Barming aforesaid as the same are now in the occupation of George Streater
And also all that my Messuage Tenement or Dwelling house with the Buildings and Lands thereunto belonging situate in the Parish of Loose in the same County of Kent as the same are now in my own possession
To hold unto the said Giles Miller and John Miller and my said Wife their Heirs and Assigns to for and upon the several uses Trusts Intents and Purposes hereinafter mentioned of and concerning the same respectively (that is to say)

In trust to permit and suffer my loving Wife Ann and her Mother Mrs. Ann Willett to have hold use occupy and enjoy the said Messuage or Tenement in Loose aforesaid for and during their natural Lives

And as to for and concerning the said Messuage or Tenement Farm Lands and Premises situate lying and being in East Farleigh aforesaid and herein before mentioned to be purchased by me of the said Thomas Stone deceased Upon Trust that they my said Trustees or the Survivors of Survivor of them or the Heirs and Assigns of such Survivor do and shall after payment of all incidental and necessary expences which may be for the benefit of the said Estate pay and apply the Residue of the Rents and Profits of the same Farm Lands and Premises for and towards the Maintenance and Education of my Son Thomas Miller until he shall Attain his Age of twenty one Years and immediately upon his arriving at his said Age of twenty one Years then Upon further trust that they my said Trustees or the Survivors or Survivor of them or the Heirs or Assigns of such Survivor do and shall convey and assure at the proper Costs and Charges of the said Thomas Miller all and singular the same last mentioned Farm Lands and Premises with their and every of their Appurtenances unto and to the only proper use and behoof of my said Son Thomas Miller his Heirs and Assigns for ever

And as & for and concerning the said Farm and Premises in East Farleigh aforesaid herein before mentioned to be Purchased by me of Thomas Moone and also the said Messuage or Tenement Lands and Premises in Colley Street in the said Parish of Yalding and also the said Cottage and Garden Spot aforesaid hereinbefore mentioned to be purchased by me of Ambrose Tanner with their respective Appurtenances upon trust that they my said Trustees or the Survivors or Survivor of them or the Heirs or Assigns of such Survivor do and shall after Payment of all incidental Charges and expences which may be for the benefit of the same last mentioned Estates to pay and apply the Residue of the Rents Issues and Profits thereof for and towards the Maintenance and Education of my Son John Miller till he shall attain his Age of twenty one years and immediately upon his arriving at his said age of twenty one years Then upon further trust that they my said Trustees or the Survivors or Survivor of them or the Heirs or Assigns of such Survivor do and shall convey and assure at the Proper Costs and Charges of my said Son John Miller all and singular the said last mentioned Messuages Tenements Cottages Farms Lands and Premises with their respective Appurtenances unto and to the only proper and absolute use and behoof of my said Son John Miller his Heirs and Assigns for ever

And as to for and concerning the said Farm Tenement and Buildings herein before mentioned to be situate lying and being in the said Parish of East Farleigh and now in the tenure or occupation of myself and Richard East And also the said Tenement Lands and Buildings in the Parish of East Barming aforesaid and herein before mentioned to be in the Tenure or Occupation of the said Widow Brooke and also the said Tenement and Land in East Barming in the Occupation of George Streater And also the said Messuage or Tenement Lands and Outbuildings in the Parish of Loose aforesaid in my own Possession with their respective Appurtenances subject to the use and Occupation of the said Messuage or Tenement in Loose aforesaid by my said Wife and her Mother during their respective Lives as aforesaid
Upon trust that they my said Trustees or the Survivors or Survivor of them or the Heirs or Assigns of such Survivor do and shall after Payment of all incidental Charges and Expences which may be for the benefit of the same last mentioned Estates pay and apply the Residue of the Rents Issues and Profits thereof for and towards the maintenance and Education of my Son Richard Miller until he shall attain his Age of twenty one Years and immediately upon his attaining his said Age of twenty one Years Upon further trust that they my said Trustees or the Survivors or Survivor of them or the Heirs or Assigns of such Survivor do and shall convey and Assure at the Proper Costs and Charges of the said Richard Miller all and singular the said last mentioned Messuages or Tenements Farms Lands and Hereditaments with their respective Appurtenances (subject as aforesaid) unto and to the only proper and absolute use and behoof of the said Richard Miller his Heirs and Assigns for ever

Provided always and it is my Will and Intention that if either of my said Sons shall happen to die before he shall attain his Age of twenty one years that then and in such case and I do hereby order and direct my said Trustees or the Survivors or Survivor of them or the Heirs or Assigns of such Survivor to pay and apply the Rents Issues and Profits of the Messuages Tenements Lands Hereditaments and Premises by me hereinbefore devised In trust to be conveyed unto such of them so dying as aforesaid for and towards the Maintenance and Education of the Survivors of my said Sons until they shall respectively attain their said Ages of twenty one Years
And at and upon the Youngest of my said Sons so Surviving attaining his said Age of twenty one years then that my said Trustees or the Survivors or Survivor of them or the Heirs or Assigns of such Survivor do and shall and do convey and assure such Messuages or Tenements Lands Hereditaments and Premises with their respective Appurtenances unto and to the only proper and absolute use of and Behoof of the Survivors of my said Sons their Heirs and Assigns as tenants in co9mmon and not as joint Tenants

But in case two of my said Sons shall happen to die before they shall attain their respective Ages of twenty one Years then and in such case I do hereby order and direct my said Trustees or the Survivors or Survivor of them or the Heirs or Assigns of such Survivor to pay and apply the Rents Issues and Profits of the Messuages Tenements Lands Hereditaments and Premises by me hereinbefore devised in trust to be conveyed unto such two Sons who shall so die before they attain their said Ages of twenty one Years for and towards the Maintenance and Education of the Survivor of my said Sons until he shall Attain his Age of twenty one years
And immediately upon such Survivor attaining his said Age of twenty one years that then my said Trustees or the Survivors or Survivor of them or the Heirs or Assigns of such Survivor shall and do convey and assure the same Messuages Tenements Lands Hereditaments and Premises with their Appurtenances unto and to the only proper and absolute use and behoof of such Survivor his Heirs and Assigns for ever

And in case all my said Sons shall happen to die before they shall attain their said Ages of twenty one Years then and in such case I do hereby order and direct my said Trustees or the Survivors or Survivor of them or the Heirs or Assigns of such Survivor to pay and apply the Rents Issues and Profits of all and singular my Messuages Lands Tenements and Hereditaments herein before devised in trust for my said Sons in manner aforesaid for and towards the Maintenance and Education of all my Daughters who shall be living at the Time of the death of the Survivor of my said Sons until the Youngest of them shall attain her Age of twenty one years
And upon her attaining her said Age of twenty one years that then my said Trustees or the Survivors or Survivor of them or the Heirs or Assigns of such Survivor do and shall convey and assure the same Messuages Lands Tenements and Hereditaments with their Appurtenances unto and to the only proper and absolute use and behoof of such of my said Daughters as shall be then living and to their Heirs and Assigns for ever as Tenants in common and not as joint Tenants

But in case none of my said Children shall live to attain their said Ages of twenty one Years then upon trust that they my said Trustees or the Survivors or Survivor of them or the Heirs or Assigns of such Survivor shall and do convey and assure all and singular the said Messuages or Tenements Lands and Hereditaments herein before devised with their and every of their Appurtenances unto and to the use of my own right Heirs for ever

I give and bequeath unto my said Son Thomas Miller when and so soon as he shall attain his said age of twenty one years all those my Leasehold Messuages or Tenements and Premises situate standing and being in Queen Street, Cheap side within the City of London to hold to him his Executors Administrators and Assigns for and during the remainder of the Term or Terms of Years as shall be then to come in the Lease or Leases thereof with all benefit of Renewal and all other advantages Appertendant [appertaining] therewith Subject to the Payment of the Rents and Performance of the Covenants in the same Lease reserved and contained

I give and bequeath to each of my said Sons Thomas Miller, John Miller and Richard Miller the Sum of two hundred pounds of lawful Money of Great Britain to be paid to them by my Executors at their respectively attaining their Ages of twenty one Years and in case of the Death of any or either of them before he or they shall have attained his or their said Age of twenty one years then I order and direct that the share or shares of him or them so dying shall go to the Survivor or Survivors of them and to be paid to him or them at his or their attaining their said Age of twenty one years accordingly

I also give and bequeath unto each of my seven Daughters Mary Miller, Elizabeth Miller, Jane Miller, Ann Miller, Mercy Miller, Susannah Miller and Rebecca Miller the Sum of four hundred pounds of lawful Money of Great Britain to be paid to them by my Executors on their respectively attaining their Age of twenty one years
And in case any or either of them before she or they shall have attained her or their said age of twenty one years then I order and direct that the share or shares of her or them so dying shall go to the Survivors or Survivor of them and be paid to such Survivors or Survivor at her or their attaining their said Age of twenty one years accordingly
and in the mean Time and untill my said Daughters shall respectively attain their said Ages of twenty one Years I order and direct my Executors to apply the Interest and Produce of their respective Legacies for and towards her or their Maintenance and Education

Also I give and bequeath unto my said Brother Giles Miller and my said Cousin John Miller the Sum of one thousand pounds three P[er] Cent consolidated Bank Annuities Stock In trust to receive and take the Interest Dividends and Produce thereof and pay the same unto my Wife Ann Miller or her Assigns or permit her to receive the same for her own use and benefit for and during her natural Life
and from and after her decease to make sale thereof and pay and divide the said capital Stock of one thousand pounds three p Cent Consolidated Bank Annuities unto and amongst such of my Daughters as shall be then living share and share alike
And in case there shall be but one of my said Daughters then living then to pay the same unto such only Daughter her Executors or Administrators

And as to all the rest residue and remainder of my real and Personal Estates of what nature or kind soever together with all Mortgage Bonds Specialties Notes and all other Securities for Money, Money in the Publick Funds or placed out either on Private Interest or on Government Securities, ready Monies, Cattle, Stock on the Farms or elswhere (sic), Plate, Linen, Household Goods, Implements of Husbandry and all other my Estate and Effects not hereinbefore specifically given, devised or bequeathed of whatsoever the same may be or consist or wherever situate or being I give devise and bequeath the same and every part thereof unto my said Brother Giles Miller my said Cousin John Miller and my said Wife Ann their Heirs Executors and Administrators
In trust that they or the Survivors or Survivor of them or the Executors or Administrators of such Survivor shall and do as soon as conveniently may be after my decease make Sale thereof and of every part thereof for the most Monies that can be had or gotten for the same and from and after Payment of all necessary expences attending such Sale invest the surplus of the Monies arising therefrom on Government Securities and pay and apply the Interest Dividends and Produce thereof unto my said Wife to be applied by her for and towards the Maintenance and Education of my said Children during their respective Minorities

And from and after her decease to pay and apply the said Principal Stock so to be purchased in such manner or such times and in such Proportions to such of my said Children as my said Wife shall by any Deed or Writing to be by her signed and executed in her Life direct limit or appoint and for want of such direction limitation or appointment then to pay and apply the said capital Stock unto and amongst all my said Children as shall be living at the Decease of my said Wife share and share alike

And I do hereby commit the care Guardianship and Tuition of my said Children unto my said Wife during their respective Minorities
and I do will order and direct that it shall and may be lawful to and for my said Trustees and the Survivors or Survivor of them or the Heirs and Assigns of such Survivor in the first place to deduct and retain out my said Trust Estate all such Costs Charges and expences which they or any or either of them may pay, sustain or be put unto in or about the Execution of this my Will

and that my said Trustees and Executors or their Heirs Executors or Administrators or any or either of them shall not be charged or chargeable with or accountable for any more of my Monies and Estates than what shall actually come to his or her or their Hands nor for any Loss which shall or may happen on account of the same or any part thereof So that the same happen on account of the same or any part thereof or Default nor the one of them for the other or others of them or for the Acts Deeds Receipts Defaults or Disbursements of the other or others of them

And Lastly I do hereby nominate constitute and appoint my said Brother Giles Miller my Wife Ann and my said Son Thomas Miller Executors of this my last Will and Testament
And I do hereby revoke and make void all former and other Will or Wills by me at any time heretofore made and declare this only to be my last Will and Testament

In Witness whereof I the said John Miller have to this my last Will and Testament contained in five Sheets of Paper to the four fist Sheets thereof set my Hand and to this fifth and last Sheet thereof set my Hand and Seal this twenty eighth day of April in the Year of our Lord one thousand seven hundred and seventy eight
John Miller

Signed Sealed published and Declared by the said Testator John Miller 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 subscribed our Names as Witnesses thereto
Jno. Carter, Southwark - Sam'l Tailer, R't Moore, his Clerks

This Will was proved at London the seventeenth day of August in the Year of our Lord one thousand seven hundred and Eighty before the Right Worshipful Peter Calvert, Doctor Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of Giles Miller the Brother, Ann Miller Widow the Relict of the deceased and Thomas Miller the Son and Executors named in the said Will to whom administration was granted of all and singular the Goods, Chattles and Credits of the said deceased they having been first sworn by Commission duly to Administer.
Exd.

Notes:
John Miller, o.t.p. and Anne Willet of Loose were married at All Saints, West Farleigh by Licence of 12th August 1756. Witnesses were: Thos. Willet, The Mark + of John Luxford.
John Miller was buried at All Saints, West Farleigh on 14th July 1780.
John & Ann Miller’s children (all christened at All Saints, West Farleigh): 8 Nov 1758 Thomas; 19 Mar 1760 Anne (Bu.: 5 Jun 1760); 22 Apr 1761 John; 4 Aug 1762 Mary; 26 Sep 1763 Elizabeth; 24 Oct 1764 Jane; 20 Dec 1765 Anne; 4 Feb 1769 Mercy; 17 Sep 1770 Susanna; 27 Nov 1771 Rebecca; 29 Jun 1775 Richard.

Transcribed by Shelagh Mason 1st April 2021

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