And I give and bequeath unto each of my Nephews and Nieces John Whitehead, Richard Whitehead, Thomas Whitehead, Jane Whitehead and Elizabeth Whitehead the sum of five hundred pounds stock of the three Per Cent Reduced Bank Annuities part of my Stock now standing in my name in that fund in the Books of the Governor and Company of the Bank of England to be paid assigned or transferred within six Calendar months next after my decease to such of them as shall have then attained the age of twenty one years and to such of them as shall have not then attained that age at such time or times as they he or she shall attain such age and the Interest Dividends and Proceeds of their said respective legacies to be in the meantime applied and disposed of for or towards their respective maintenance Education or benefit in such manner as my Executors hereinafter named shall in their discretion think fit
But in case any or either of my said Nephews or Nieces shall happen to die before having attained such age of twenty one years and without leaving any issue of his her or their body or bodies lawfully begotten then my Will and mind is And I do hereby give and bequeath the legacy or legacies of him hr or them so dying without issue as aforesaid unto between and amongst the Survivors or Survivor of them who shall then be of and who shall live to attain the age of twenty one years equally share and share alike if more than one to be paid assigned or transferred and the Interest Dividends and proceeds thereof applied and disposed of in like manner as their respective original legacies hereinbefore by me given and bequeathed to them is directed to be paid assigned or transferred applied and disposed of
But in case any or either of my said Nephews or Nieces shall happen to die under the age of twenty one years or in my lifetime leaving issue of his her or their body or body’s lawfully begotten then my Will and mind us And I do hereby give and bequeath the legacy or legacies of him her or them so dying as last aforesaid unto such his her and their issue share and share alike if more than one and to be paid assigned or transferred to them respectively as they shall severally and respectively attain the age of twenty one years and the Interest Dividends and Proceeds thereof to be applied and disposed of for and towards their maintenance Education and benefit in the meantime
Also I give and bequeath to my nephew Robert Olive and my Niece Eliza Olive the sum of five hundred pounds each of like Stock of the three per cent Reduced Bank Annuities to be paid assigned or transferred to them respectively within six Calendar month next after my decease But in case either of them the said Robert Olive or Eliza Olive shall happen to die in my lifetime without leaving any issue of his or her body lawfully begotten Then my Will is And I do hereby give and bequeath the legacy of him or her so dying unto the Survivor of them and to be paid assigned or transferred to him or her with his or her said original legacy
And in case either of them the said Robert Olive and Niece Eliza Olive shall happen to die in my lifetime leaving issue of his or her body lawfully (begotten) Then my Will is And I do hereby give and bequeath the legacy of him or her so dying as last aforesaid unto such his or her issue share and share alike if more than one and to be paid assigned or transferred to them respectively when and as they shall severally and respectively attain the age of twenty one years and the Interest Dividends & Proceeds thereof in the meantime to be applied and disposed of for and towards their maintenance education & benefit
Also I give & bequeath to my nephew Richard Miller the sum of five hundred pounds stock of the like three per Cent Reduced Bank Annuities to be paid assigned or transferred to him when & so soon as he shall attain his age of 21 years & the Dividends Interest & Proceeds thereof in the mean time to be applied & disposed of for and towards his maintenance Education and benefit
Also I give and bequeath unto my Executors hereinafter named the Sum of One thousand five hundred pounds Stock of the said three per Cent Reduced Bank Annuities Upon trust that they and the Survivor of them his Ex[ecut]ors or Adm[inistrat]ors do and shall receive take and pay to or otherwise authorize and empower my Sister Ann Miller or her Assigns to receive take and retain to and for her and their own use and benefit the Dividends Interest and Proceeds thereof for and during the term of her natural life
And after her decease Upon trust to receive and take and to pay apply and dispose of the Dividends Interest and Proceeds of the said Sum of One thousand five hundred pounds Stock three per Cent reduced Bank Annuities when and as the same shall become due and payable for and towards the maintenance education and benefit of my nephews and nieces Richard Ellis, Thomas Ellis, John Ellis, George Ellis, Susanna Ellis & Mary Ellis until they shall severally and respectively attain the age of twenty one years and when and as they shall severally and respectively attain that age then that they my said Executors or the Survivor of them his Exo'rs or Adm'ors do and shall pay assign or transfer unto each of them so attaining such age one equal sixth part or share of the said One thousand five hundred pounds Stock three per Cent reduced Bank Annuities and of the Dividends Interest and Proceeds thereof to and for his her and their own respective use and benefit
But in case either or any of them my said nephews and nieces Richard Ellis, Thomas Ellis, John Ellis, George Ellis, Susanna Ellis and Mary Ellis shall happen to die before attaining the age of twenty one years without leaving issue of his her or their body or bodies lawfully begotten Then Upon Trust to pay assign or transfer the share or shares of him her or them so dying without issue as aforesaid unto between and amongst the Survivors and Survivor of them who shall live to attain such age of twenty one years equally share and share alike if more than one in like manner as hereinbefore directed with respect to their original shares
But in case any or either of my said last mentioned nephews and nieces shall happen to die under the said age of twenty one years or in my lifetime leaving issue of his her or their body or bodies lawfully begotten Then Upon Trust to pay assign or transfer the part or share or parts or shares of him her or them so dying as last aforesaid unto between and amongst such his heir or their respective issue share and share alike if more than one when and as they shall severally and respectively attain the age of twenty one years and the Dividends Interest and Proceeds thereof in the meantime to pay apply and dispose of for and towards their respective maintenance use and benefit
And it is my Will and I do hereby Authorize and empower my said Ex'ors and trustees or the Survivor of them his executors or Adm'ors from time to time to when and as often as they or he shall think proper to alter change and vary the Stocks funds and securities in or upon which my said monies now are or hereafter shall or may be placed out or invested and again to place out and invest the same upon Government or other good and sufficient Security or Securities at Interest as they or he shall think proper
And I do hereby also authorize & empower my said Executors and trustees and the Survivor of them and the Executors or Adm'ors of such Survivor to apply all or any part of the respective legacy part or share of any or either of my said nephews or nieces or the respective legacy part or share of any or either of their lawful issue (in case any or either of them shall die under the age of twenty one years leaving issue as aforesaid) for the putting and placing any of them out to business or in a suitable employ or for setting him her or them up in Business or advancing him her or them in any Employ or otherwise for his her or their respective Advancement in the World by marriage or otherwise howsoever as to them my said Ex'ors and trustees or the Survivor of them his Executors or adm'ors shall seem meet and most conducive to the benefit and Interest of my said Nephews and Nieces respectively anything in this my Will contained to the contrary thereof in any wise notwithstanding
And as to for and concerning all the rest residue and remainder of my Stocks, funds and Securities, monies, goods, chattels, Estate and Effects whatsoever and wheresoever and of what nature kind or quality soever I give and bequeath the same and every part and parcel thereof unto and between my brothers John Miller and Richard Miller equally share and share alike to and for their own respective uses and benefits absolutely
And it is my Will and meaning And I do hereby direct that they my said Executors and trustees or
either of them or either of their Executors or Adm'ors shall not be liable to answer or
make good any loss or losses that shall or may happen to my aforesaid Estate, Monies and Premises
or any part thereof unless the same shall happen by or through their or either of their wilful default or
neglect nor shall either of them be answerable or accountable for the acts deeds Receipts or
Disbursements of the other of them but each of them only for his own separate Acts Deeds Receipts
and disbursements notwithstanding that he shall or may have joined in any receipt or receipts for the sake of conformity
And I do hereby declare and direct that they and each of them shall and may pay or deduct and
retain to himself and themselves respectively from and out of my aforesaid Estate, Manors and
Premises all and every reasonable and necessary Costs Charges and Expences whatsoever that they or
either of them shall or may pay bear sustain expend or be put unto in or about the Execution of this
my Will or the Trusts hereby in them reposed or in any wise relating thereto
And Lastly I do nominate constitute and appoint my said brothers John Miller and Richard Miller joint Executors of this my Will and do hereby revoke and make void all former and other Will and Wills by me made and do declare this only to be and contain my last Will and Testament
In Witness whereof I the said Jane Miller the testatrix have to this my last Will and testament
contained in this and the five preceeding sheets of paper set my hand and seal (to wit) my hand
at the bottom of the said five preceeding sheets and my hand and seal to this sixth and last sheet
thereof this eighth day of April in the year of our Lord One thousand Eight hundred and twenty
Jane Miller
Signed Sealed Published and declared by the above named Jane 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 thereto the Word “Eighth” in the
above written date of the said Will being partly written on an Erasure
Chas. Hoar Maidstone - Geo Burr Junr.
Proved at London the 12th November 1835 before the Judge by the Oaths of John Miller & Richard
Miller the Brothers the Executors to whom Adm[inistrati]on was granted having been first sworn by Commission duly to Administer.
Exd.
Transcribed by Shelagh Mason 31st March 2021
Return to Kent GenealogyWill of Jane Miller