Will of Ann Miller

of West Farleigh, Kent

First I do nominate constitute and appoint my Sons Thomas Miller and John Miller joint Executors of this my Will
and from and after payment of all my just Debts my funeral Expences and the Costs of Proving this my will and other incidental Charges I give and bequeath all the rest residue and remainder of my Goods, Chattels, monies in the Public Stocks or funds and securities for money and all other my personal Estate and Effects whatsoever and wheresoever and of what nature kind or quality soever unto my said Executors

Upon trust that they or the survivor of them or the Executors or adm[inistrat]ors of such Survivor shall and do as soon as conveniently may be after my decease convert into money all such part of my said personal Estate as shall not consist of money or securities for money and shall and do pay and divide the same together with all other the residue of my personal Estate unto and amongst my several Children hereinafter mentioned to whom I give and bequeath the same in manner and form and in the proportions following (that is to say)

I give and bequeath unto my said Son Thomas Miller one full and equal ninth part thereof the whole into nine equal parts and shares to be divided to and for his own use and benefit
Also I give and bequeath unto my Son John Miller one other full and equal ninth part thereof to and for his own use and benefit
Also I give and bequeath unto my Son Richard Miller one other full and equal ninth part thereof to and for his own use and benefit
Also I give and bequeath unto my Daughter Mary Whitehead the Wife of Charles Whitehead of Ash in the said County of Kent Farmer one other full and equal ninth part thereof to and for her own use and benefit
Also I give and bequeath unto my Daughter Elizabeth Olive the Wife of Robert Olive of Mayfield in the said County of Sussex Gentleman one other full and equal ninth part thereof to and for her own use and benefit
Also I give and bequeath unto my Daughter Jane Miller one other full and equal ninth part thereof to and for her own use and benefit
Also I give and bequeath unto my Daughter Ann Miller one other full and equal ninth part thereof to and for her own use and benefit

Also I give and bequeath unto my said Ex[ecut]ors the remaining two full and equal ninth parts thereof upon trust that they my said Executors and the Survivor of them or the Executors or Adm[inistrat]ors of such Survivor do and shall place out and invest the same in or upon some good Government or real security or securities in their names or in the name of the Survivor of them his Executors or adm[inistrat]ors and do and shall stand and be possessed thereof

in trust as to one moiety thereof to pay apply and dispose of the yearly interest dividends and produce thereof as the same shall from time to time during the natural life of my daughter Susanna Ellis the Wife of Nicolas Ellis of Addington in the said County of Kent Farmer arise or be received into the proper hands of the said Susanna Ellis or otherwise permit and suffer her to receive and take the same to and for her sole and absolute use and benefit for & during her natural life to the intent that the same not be at the disposal of or subject or liable to the Controul and dents or Engagements of her present or any future husband but at her own sole and separate disposal
And (my) will is that the receipt of the said Susanna Ellis alone under her had for the interest dividends and produce of the said moiety of the said trust monies shall from time to time notwithstanding hr Coverture be a sufficient discharge and discharges to the person or persons so paying the same for so much thereof for which such receipt shall be given
and upon further trust as to the same moiety that they my said Ex[ecut]ors and the Survivor of them or the Executors or Adm'ors of such Survivor shall and do from and after the decease of the said Susanna Ellis pay assign and transfer the said moiety of the said trust monies and all and every the stocks funds and securities in or upon which the same or any part thereof shall be laid out or invested unto between or amongst all and every the Child and Children of the said Susanna Ellis lawfully begotten or to be begotten equally to be divided between them if more than one share and share alike to be paid assigned and transferred to them respectively when and as they shall severally attain the age of twenty one years
And in case of the death of any or either of the Child or Children of the said Susanna Ellis before they respectively attain the age of twenty one years then the share and shares of him her or them so dying of and in the said moiety of the said trust monies and securities shall be paid assigned and transferred unto and amongst the Survivors and Survivor of them at such time and in such manner as his her or their original portion or portions are made payable as aforesaid
And my will and mind is and I do hereby direct that the dividends interest and produce of the said moiety of the said trust monies shall in the meantime be paid and applied for and towards the maintenance education and bringing up of the Child or Children of the said Susanna Ellis until their respective portions shall become payable as aforesaid

But in case of the death of her the said Susanna Ellis without leaving any issue of her body lawfully begotten then upon trust further that my said Ex'ors and the Survivor of them or the Executors or Adm'ors of such Survivor shall and do pay assign and transfer the said moiety of the said trust monies, dividends, interest and proceeds, stocks, funds and securities in or upon which the same or any part thereof shall be laid out or invested together with the interest and dividends then due thereon unto and between my said Sons Thomas Miller, John Miller and Richard Miller and my said Daughters Mary Whitehead, Elizabeth Olive, Jane Miller, Ann Miller and Mary Miller equally to be divided between them share and share alike

And in case any or either of my said Sons Thomas Miller, John Miller and Richard Miller or my said Daughters Mary Whitehead, Elizabeth Olive, Jane Miller, Ann Miller and Mary Miller shall happen to die in the life time of my daughter Susanna Ellis without leaving issue of his her or their body or bodies lawfully begotten then upon further trust that they my said Ex'ors and the Survivor of them or the Executors or Adm'ors of such Survivor shall and do pay assign and transfer the said moiety of the said trust monies, dividends, interest and proceeds, stocks, funds and securities in or upon which the same or any part thereof shall be placed out or invested together with the interest and dividends which shall be then due thereon unto and between the Survivors or Survivor of the others or other of them equally share and share alike

And in case all my said last mentioned children but one shall happen to die in the lifetime of my said Daughter Susanna Ellis without leaving any issue of his her or their body or bodies lawfully begotten then upon trust that they my said Ex'ors and the Survivor of them or the Executors or Adm'ors of such Survivor shall and do pay assign and transfer the same moiety of the said trust monies, dividends, interest and proceeds, stocks, funds and securities in or upon which the same shall be so laid out or invested as aforesaid together with the interest and dividends which shall be then due thereon unto and to the only use and benefit of such Surviving Child absolutely
the share of my said Daughter Mary to be paid unto and received by my said Executors and the Survivor of them and the Executors and Administrators of such Survivor to be by them laid out and invested and applied and disposed of in such and the like manner as her original share is hereinafter directed to be

And in case all my said last mentioned Children shall happen to die in the life time of my said daughter Susanna Ellis without leaving issue of his her or their body or bodies lawfully begotten then upon trust that they my said Executors and the Survivor of them or the Executors or Adm'ors of such Survivor shall and do pay assign and transfer the same moiety of and in the said trust monies, dividends, interest and proceeds, stocks, funds and securities in or upon which the same shall be so laid out or invested as aforesaid together with the interest and dividends which shall be then due thereon unto and between all and every my next of kin according to the Statute for the distribution of intestates Estates

Provided always nevertheless and I do hereby declare my will and mind to be that in case the said Nicholas Ellis Husband of my said Daughter Susanna Ellis shall happen to depart this life in the lifetime of my said Daughter that then my said Executors and the Survivor of them or the Executors or Adm'ors of such Survivor shall and do pay assign and transfer the said moiety of and in the said trust monies, dividends, interest and proceeds, stocks, funds and securities in or upon which the same shall be so laid out or invested as aforesaid unto her my said Daughter Susanna to and for her own use and benefit absolutely

And as to the other moiety of the said trust Estate monies and the stocks Funds or securities in or upon which the same shall be invested upon trust that they my said Ex'ors and the Survivor of them or the Executors or Adm'ors of such Survivor shall and do stand and be possessed thereof in trust to pay apply and dispose of the yearly interest dividends and produce thereof as the same shall from time to time during the natural life of my said Daughter Mary Miller arise or be received into the proper hands of the said Mary Miller or otherwise permit and suffer her to receive and take the same to and for her sole and absolute use and benefit for and during the term of her natural life to the intent that the same may not be at the disposal of or subject or liable to the controul acts debts or Engagements of any husband with whom she may hereafter happen to intermarry but be at her own sole and separate disposal
And my will is that the receipt of the said Mary Miller alone under her hand for the interest dividends and products of the last mentioned moiety of the said trust monies shall from time to time notwithstanding her Coverture be a sufficient discharge and discharges to the person or persons so paying the sae for so much thereof for which such receipt or receipts shall be given

And upon further trust as to the same moiety that they my said Executors and the Survivor of them or the Executors or Adm'ors of such Survivor shall and do from and after the decease of the said Mary Miller pay assign and transfer the said last mentioned moiety of the same trust monies, dividends, interest and proceeds, stocks, Funds and securities in or upon which the same or any part thereof shall be laid out or invested together with the interest and dividends then due thereon unto between or amongst all and every the Child and Children of my said daughter Mary Miller lawfully begotten or to be begotten equally to be divided between them (if more than one) share and share alike to be paid assigned and transferred to them respectively when and as they shall severally attain the age of twenty one years

And in case of the death of any or either of such Children or Child before they respectively attain the age of twenty one years then the share or shares of him her or them so dying of and in the said last mentioned moiety of and in the said trust monies and securities shall be paid assigned and transferred into and amongst the Survivors and Survivor of them at such time and in such manner as his her or their original portion or portions are made payable as aforesaid
And my will and mind is and I do hereby direct that the dividends interest and produce of the said last mentioned moiety of and in the said trust monies shall in the mean time be paid and applied for and towards the maintenance education and bringing up of the Child and Children of the said Mary Miller until their respective portions shall become payable as aforesaid

And in case of the death of the said Mary Miller without leaving any issue of her body lawfully begotten then upon further trust
that they my said Executors and the Survivor of them or the Executors or Adm'ors of such Survivor shall and do pay assign and transfer the said last mentioned moiety of and in the said trust monies, dividends, interest and proceeds, stocks, Funds and securities in or upon which the same or any part thereof shall be so invested together with the interest and dividends then due thereon unto and between my said Sons Thomas Miller, John Miller and Richard Miller and my daughters Mary Whitehead, Elizabeth Olive, Jane Miller, Ann Miller and Susannah Ellis equally to be divided between and amongst them share and share alike
And in case any or either of my said Sons Thomas Miller, John Miller and Richard Miller or my daughters Mary Whitehead, Elizabeth Olive, Jane Miller, Ann Miller and Susannah Ellis shall happen to die in the lifetime of my said Daughter Mary Miller without leaving issue of his her or their body or bodies lawfully begotten then upon further trust that they my said Executors and the Survivor of them or the Executors or Adm'ors of such Survivor do and shall pay assign and transfer the same moiety unto the Survivors or Survivor in such and the like manner as is hereinbefore expressed and declared with respect to the share of my said Daughter Susanna Ellis in the event of her dying without issue
The share of her my said Daughter Susannah Ellis to be paid unto and received by my said Executors and the Survivor of them or the Executors or Adm'ors of such Survivor to be by them laid out and invested and applied and disposed of in such and the like manner as her original share is hereinbefore directed to be

And in case all my said last mentioned Children shall happen to die in the life time of the said Mary Miller without leaving issue of his her or their body or bodies lawfully begotten then upon trust trust that they my said Executors and the Survivor of them or the Executors or Adm'ors of such Survivor shall and do pay assign and transfer the said last mentioned moiety, dividends, interest and proceeds and the stocks, funds or securities in or upon which the same shall be invested as aforesaid & the Interest & Dividends which shall be then due thereon unto and between all and every my next of kin according to the statute for the distribution of intestates Effects

And whereas the said Nicholas Ellis is indebted to me in the Sum of One thousand Pounds upon his bond bearing date the fifth day of April one thousand eight hundred and nine together with interest thereon from the same fifth day of April Now I do hereby direct my said Executors and the Survivor of them and the Executors and adm'ors of such Survivor as soon as conveniently may be after my decease to call in and require payment to be made at the expiration of two years next after my decease of the said Sum of one thousand pounds as also all interest now due or hereafter to become due for the same

Provided also And it is my will and desire and I do hereby declare and direct that it shall and may be lawful to and for my said Executors and to and for each of them their and each of their Executors and adm'ors respectively by and out of the aforesaid trust monies to deduct and reimburse to himself and themselves and to allow to his and their Co trustee and Co trustees from time to time respectively all such Costs, Charges, Damages and Expences as they and each and every or any of them shall be put unto, pay, suffer or sustain for or by reason of the trusts hereto in them reposed or the management or execution thereof and that neither of them my said Ex'ors or their Ex'ors or Adm'ors shall be answerable or accountable for any more money than what they shall respectively actually receive by virtue of the trusts aforesaid
Nor shall either of them be charged or chargeable with or accountable for the receipt or receipts of the other of them but each of them for his own acts, receipts and wilful defaults only nor shall they or any or either of them be any [way] answerable or accountable for any involuntary loss of all or any of the said trust monies but shall be acquitted & saved harmless in respect of all such acts matters and things as shall be done by them or either of them pursuant to and in execution or management of the trusts hereby in them reposed

And Lastly I do hereby revoke all former wills by me made and declare this only to be and contain my last will and Testament
In Witness whereof I the said Ann Miller the Testatrix have to this my last Will and Testament contained in seven sheets of paper set my hand and Seal, to wit, my hand at the bottom of the six first sheets thereof and my hand and seal to this seventh and last the seventeenth day of September in the year of our Lord one thousand eight hundred and thirteen
Ann Miller

Signed sealed published and declared by the said Ann Miller the Testatrix as and for her last Will and Testament in the presence of us who in her presence at her request and in the presence of each other have hereunto subscribed our names as Witnesses
Geo. Burr, Maidstone - Geo. Burr Junr.

Proved at London 7 June 1819 before the Worshipful John Danbury, Doctor of Laws and Surrogate by the oaths of Thomas Miller and John Miller the Sons the Ex[ecut]ors to whom adm[inistrati]on was granted being sworn to adm[iniste]r.

Transcribed by Shelagh Mason 30th March 2021

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