Will of Giles Miller

of West Farleigh, Kent

Also I hereby make nominate constitute and appoint my two Sons Thomas Miller and Richard Miller Joint Executors of this my Will
Also I give and devise unto my said two Sons Thomas Miller and Richard Miller All and every my Messuages or Tenements Lands and Hereditaments and parts and shares of Messuages or Tenements Lands and Heredit's and all other my Real Estate whatsoever and wheresoever and of what nature kind or quality soever To hold the same and every part and parcel thereof with the Appurtenances unto and to the use of my said Sons the said Thomas Miller and Richard Miller their heirs and assigns for ever To take as Tenants in Common and not as Joint Tenants

And Whereas Richard Groombridge of West Farleigh in the said County of Kent Yeoman is indebted unto me in the Sum of Four thousand Five hundred Pounds of lawful Money of Great Britain secured to and with Interest by a Mortgage of certain Lands and Hereditaments situate lying and being in Lenham in the said County of Kent
Now I do hereby give and bequeath to my said Executors and the Survivor of them and the Executors and Adm[inistrat]ors of such Survivor the said Sum of Four thousand Five hundred Pounds so secured as aforesaid And all Interest due and owing for the same And together with the Mortgage Writings And all benefit and advantage thereof Upon Trust
that they my said Executors and the Survivor of them and the Executors and Administrators of such Survivor do and shall pay to or otherwise authorize Permit and suffer my dear Wife Rebecca Miller and her Assigns to receive and take the Interest and Annual Produce thereof from time to time and as the same shall become due and payable for and during the term of her natural life

And from and immediately after the decease of my said Wife I give and bequeath the said Sum of Four thousand and five hundred pounds and every part thereof and all benefit and advantage thereof and the of the said Mortgage unto and between my said two Sons Thomas Miller and Richard Miller their Executors Adm'ors and Assigns in equal parts shares and Proportions absolutely and for ever

And I do hereby direct that it shall and may be lawful to and for my said Executors and the Survivor of them and the Executors and Adm'ors of such Survivor if they shall think fit and proper to call in and receive the said Sum of Four thousand Five hundred pounds and to place out and invest the same in Government or on Real Securities in the Names of them my said Executors or the Survivor of them or the Executors and Administrators of such Survivor
And in such case it is my Will that my said Trustees and Executors and the Survivor of them his Executors and Adm'ors shall and do stand possessed of the Funds or Securities in or upon which the said Sum of Four thousand five hundred pounds shall be so invested as aforesaid Upon the same Trusts as I have before declared of and concerning the said Four thousand Five hundred pounds so due and owing to me from the said Richard Groombridge as aforesaid

Also I give and bequeath unto my daughter Rebecca Miller the Wife of Thomas Miller of Nettlestead in the said County Farmer Six hundred pounds of lawful Money of Great Britain to be paid to her within six Months next after my decease

Also I give and bequeath unto my said Executors or the Survivor of them or the Executors and Administrators of such Survivor One thousand Seven hundred Pounds three Per Cent Consolidated Bank Annuities now standing in my Name in the Books of the Governor and Company of the Bank of England Upon Trust that they my said Executors or the Survivor of them or the Executors and Administrators of such Survivor so and shall stand possessed thereof And pay and apply the Dividends Interest and Annual Produce that shall or may arise therefrom when and as the same shall become due and payable unto my said Daughter Rebecca Miller or her Assigns or otherwise Permit and suffer her or their to have and receive and take the same to her and their own use and benefit for and during the term of her natural life

And from and after the decease of my said daughter Rebecca Miller if her said husband Thomas Miller shall be then living Upon Trust to pay and apply the Dividends Interest and Annual Produce that shall or may arise therefrom when and as the same shall become due and payable unto the said Thomas Miller the Husband of my said Daughter Rebecca Miller or his Assigns or otherwise permit and suffer him or them to have receive and take the same to his and their own use and benefit for and during the term of his natural life
And from and immediately after the decease of the Survivor of them my said Daughter Rebecca Miller and the said Thomas Miller her said Husband Upon Trust they my said Executors and the Survivor of them and the Executors and Administrators of such Survivor do and shall pay transfer and assign the said One thousand seven hundred pounds three per Cent Consolidated Bank Annuities and the Dividends Interest and Produce that shall or may arise therefrom and be then due and owing for the same unto between and amongst all and every the Child and Children of my said Daughter Rebecca Miller by her said Husband Thomas Miller Or any after taken Husband begotten or to be begotten in equal parts shares and proportions when and as they shall severally and respectively attain their ages of twenty one Years And I ... the Interest Dividends and Annual Produce thereof in the mean time to be paid and applied in for and towards their Maintenance Education and benefit respectively

And if it shall happen that any of the said Children of my said daughter Rebecca Miller by the said Thomas Miller her Husband or any after taken Husband begotten or to be begotten as aforesaid shall die under the said age of twenty one Years Then and in such case I direct the part or share or parts or shares of him her or them so dying shall be paid unto and divided between and amongst all and every the Survivor and Survivors of the said Children living to attain he said Age in equal parts shares and proportions and if but one such Child then to and to such Child to and for his or her own absolute use and benefit

And in case of failure of Issue of my said daughter Rebecca Miller by the said Thomas Miller her present Husband or of any future Husband or Husbands or there being such and they shall all happen to die under the said Age of twenty one Years without leaving a Child or Children of his her or their Body or Bodies lawfully begotten Then it is my Will and I do hereby direct that the said Sum of One thousand seven hundred Pounds three per Cent Consolidated Bank Annuities and the Dividends Interest and Annual Produce thereof shall sink into and become part of the residue of my Personal Estate hereinafter disposed

And Whereas my said Son Richard Miller together with his Co Partner Messrs. Jenkins and Redaway are indebted unto me in their Joint Bond in the Sum of Four thousand Pounds of lawful Money of Great Britain
Now I do hereby order and bequeath unto my said Son Richard Miller the Sum of Two thousand Pounds of lawful Money of Great Britain part of the said Sum of Four thousand pounds so secured as aforesaid to and for his own use and benefit absolutely and for ever And the remaining Two thousand pounds secured to me by the said Bond as aforesaid I direct shall sink into and become part of the Residue of my Personal Estate hereinafter disposed

And (subject to the Payment of all my just debts Funeral Expences and other incidental Charges) I give and bequeath all the rest residue and remainder of my Monies and Securities for Money, Household Goods and Furniture, Plate, Linen, China, Effects and Personal Estate whatsoever and wheresoever and of what nature kind or quality soever of which I shall die disposed unto and between my said two Sons the said Thomas Miller and Richard Miller their Ex[ecut]ors Administrators and Assigns absolutely in equal parts shares and proportions

Provided always and I do hereby direct that it shall and may be lawful to and for my said Executors or Adm'ors of such Survivor to deduct and retain to himself and themselves respectively all such Costs, Charges, Damages and Expences as they any or either of them shall or may happen to have sustain expend or be put unto for or by reason of the execution of the Trusts hereby in them reposed any or either of them And that they any or either of them shall not be answerable or accountable for the other or others of them or the Acts Deeds Receipts Neglects or Defaults of the other or others of them but each of them for his own Acts Deeds Receipts Neglects or Defaults only nor for any Loss misapplication or nonapplication of the said Trust Monies or any of them or any part thereof unless the same shall happen by or through their any or either of their wilful neglect or default

And Lastly I do hereby revoke all former Wills by me made and declare this only to be my last Will and Testament
In Witness whereof I the said Giles Miller the Testator have to this my last Will and Testament contained in four Sheets of Paper set my Hand and Seal (to wit) my Hand to the bottom of the three first Sheets hereof and my Hand and Seal to this fourth and last Sheet this eleventh day of December in the Year of our Lord one thousand seven hundred and ninety four
Giles Miller

Signed Sealed Published and Declared by the said Giles Miller the Testator as and for his last Will and Testament in the Presence of us who in his presence and in the presence of each other have subscribed our Names as Witnesses
Geo : Burr - Chas Topping - Robt Bewley

This Will was Proved at London the thirty first day of August in the year of our Lord one thousand seven hundred and ninety nine before the Worshipful Samuel Pearce Parson, Doctor of Laws and Surrogate of the Right Honorable Sir William Wynne, Knight, also Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of Thomas Miller and Richard Miller the Sons of the deceased and the Executors named in the said Will to whom Adm[inistrati]on was granted of all and singular the Goods, Chattels and Credits of the said deceased having been first sworn duly to Administer.
Exd.

Notes:
Giles Miller was buried 10th June 1799 at All Saints, West Farleigh, Kent.
Rebecca Miller wife of Giles Miller was buried 30th May 1795 at All Saints, West Farleigh.
Giles Miller married Rebecca Skudder Spinster on 29th January 1761 by Licence at SS Peter & Paul, Ash-next-Ridley, Kent. Witnesses were.: W. Hodsoll, Tho. Skudder
Their children: Thomas born 1761; Rebekah born 1763; Richard born 1766 – all at Hunton.
Thomas Miller of the Parish of Nettlested in this County, Bachelor and Rebecca Miller o.t.p., Spinster, were married at All Saints, West Farleigh, Kent by Licence on 20th May 1788. Witnesses were: Thomas Skudder and Richard Miller

Transcribed by Shelagh Mason 31st March 2021

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