I Give and Devise all that my Messuage or Tenement with the yards Gardens Backsides and Appurts. [Appurtenances] thereunto belonging and therewith used and enjoyed Scituate lying and being in the Parish of Bradford in the County of York and now inhabited by Mr. John Cottam Unto my Cousin German the Reverend Mr. Benjamin Butler and his Assigns for and during the Term of his Natural life and from and after his decease Unto my Nephew the Reverend Joseph Butler (now living and residing with me) his Heirs and Assigns for ever
Item I Give and Devise all and every my Messuages Lands Tenements and Hereditts. [Hereditaments] with their and every of their Rights Members and Appurts. [Appurtenances] Scituate lying and being in the Hamlets or Villages of Pudsey and Bramley in the Parishes of Valcorley? and Leeds or either of them or elsewhere in the said County of York not herein before otherwise disposed of (Other than and Except all that Field or View or Parcel of Land being the New Jurate and Adjacent to the Chappel Land in Pudsey aforesaid and now or late in the Occupation of William Boys and heretofore inclosed and reconveyed by the Freeholders of Pudsey aforesaid to me Unto and to the use of my Nephew Mr John Cotton and to his assigns for and during the Term of his natural life without Impeachment of Waste
And I Give and Devise unto my Niece Mary Cottam Wife of the said John Cottom and her Assigns for and during the Term of her natural Life One Annuity or yearly Rent Charge of Fifty pounds of Lawful Money of Great Britain to be issuing and payable and has received and taken out of all and every the said Messuages Lands Tenements and Hereditts. before mentioned to be Devised to the said John Cottam for life as aforesaid the same to be paid by equal half yearly Payments on (the) Two usual Days or Day of Payment in the year (that is to say) the Feast of the Annunciation of the Blessed Virgin Mary and of Saint Michael the Archangel without any deduction or abatement thereout for or by reason of any Taxes Charges or Impositions or to be imposed by Authority of Parliament or otherwise howsoever the first payment thereof to begin and to be made on such of the said Feast Days as shall first and next happen after the decease of the said John Cottam
And if the said Annuity or any part thereof shall happen to be behind and unpaid by the Space of Twenty Days next after either of the said Feast Days or Day of Payment on which the same ought to be paid as aforesaid being lawfully demanded That then and so often it shall and may be lawful to and for my said Niece Mary Cottam and her Assigns into and upon the said Messuages Lands Tenements and Hereditts. charges therewith as aforesaid to enter and distrain for the same and the Distress and Distresses then and there found to detain and keep or otherwise demean according to Law until she or they shall be fully paid and satisfied all such arrearages with Costs and charges in and about the making and keeping thereof
And from and after the Decease of the said John Cottam I Give and Devise the same Messuages Lands Tenements and Hereditts. with the Appurts. (Except as aforesaid) Subject to the Payment of the said Annuity or yearly Rent there of Fifty pounds, and to the Power & Remedy for the Recovery thereof and charged and chargeable therewith Unto and to the use of Charles Cottam (Son of the said John Cottam) and the Heirs Male of his Body Lawfully to be begotten And for default of such Issue Unto and to the use of the said John Cottam his Heirs and Assigns for ever
Provided always and my Will is that it shall and may be lawful to and for my said Nephew John
Cottam by Indenture under his hand and Seal to Demise or Lease the Messuages Lands Tenements
and Hereditts. hereinbefore Devised to him for his life as aforesaid or any part thereof unto any
person or persons for any Term or Number of Years not Exceeding Twenty one years in Possession
and not in Reversion Remainder or Expectancy so as upon every of such Leases there be reserved and
made payable during the continuance thereof respectively the best Improved yearly Rent that can be
reasonably had for the same without taking any Sum or Sums of Money or other things by way of
fine or Jus..ine ? for or in respect of such Lease or Leases and so as none of the Lessees have power to
nominate Wast * by any Express words therein to be contained
* Wast or Waste - whereby a change in property occurs.
And that (the) Money of such Leases there be contained a Clause of Recovery for non Payment of the
Rent or Rents to be thereby respectively reserved and that such Lessee and Lessees to whom such
Lease or Leases shall be made Seal and deliver Comon [Common] parts of such Lease and Leases
Item I Give and Devise all that Field or peice or parcel of Land before menconed to be Excepted being Now In to be with the Appurts. Unto my said Nephew John Cottam his Heirs and Assigns for ever But it is being my Will and Desire that the some Feild or piece or parcel of Land shall from time to time and at all times hereafter be and remain and behold and enjoyed with and for the Use and Benefit and Advantage of the School at Pudsey aforesaid and of the School Master thereof for the time being I do require the said John Cottam that he or his heirs will as soon as conveniently may be after my Decease well and sufficiently Convey, Settle and Assure the said Fields or piece or parcel of Land to such Trustees as he or they shall think proper to name for the use and benefit of the said School at Pudsey aforesaid in such manner as he or they shall think proper
Item I Give and Devise unto each and every of my Nieces the Sum of Three hundred pounds apiece
To my Cousin Frances Moore Widow the Sum of Two hundred pounds
To such of the younger Children of my Cousin John Hatfield the Sum of One hundred pounds
To my Godson George Smith the Sum of One hundred pounds
To my Godson Granville Wheeler Esquire the Sum of One hundred pounds
To my God Daughter Mrs. Astley the Sum of One hundred pounds
and to my God Daughter Cecilia Martin the Sum of One hundred pounds
All which said Legacies I order and Direct to be paid within one year next after my decease
Item I Give and bequeath unto my Housekeeper Sarah Thomas for and during the term of her Natural life In case she shall live with me at my Decease One Annuity or Yearly Rent Charge of Twenty pounds of lawful Money of Great Britain to be Issuing and payable and had received and taken out of all and every my Messuages Lands Tenements and Hereditts. Scituate lying and being in the said County of Kent the same to be paid by Equal half yearly Payments on Two usual Feast Day or Days of Payment in the Year (that is to say) the Feast of the Annunciation of the Blessed Virgin Mary and of Saint Michael the Archangel without any Deduction or abatement thereout or by reason of any Taxes of Charges or Impositions imposed or to be imposed by Authority of Parliament or otherwise howsoever The first Payment thereof to begin and to be made on such of the said Feast Days as shall first and next happen after my Decease
And if the said Annuity of any part thereof shall happen to be behind and unpaid by the Space of Twenty Days next after either of the said Feast Days or Days of Payment on which the same ought to be paid as aforesaid being lawfully demanded that then and so often it shall and May be lawful to and for the said Sarah Thomas and her Assigns into and upon the said Messuages or Tenements Lands and Hereditts. charged therewith as aforesaid to enter and distrain for the same and the Distress and Distresses then and there found to detain and keep or otherwise deman according to Law until she or they shall be fully paid and satisfied all such Arrearages with Costs and Charges in and about the making and keeping thereof
Item I Give and Devise all and every my Manors Messuages Lands Tenements Advowsons and Hereditts. whatsoever situate lying and being in the said County of Kent with their and every of their Rights Members and Appurts. Subject to the Payment of the said Annuity of Twenty pounds and to the power and Received for the Recovery thereof and charged and chargeable therewith and also (Subject to and charged and chargeable with the Payment of all and every the Legacies and Sums of Money herein before mentioned to be by me Given, and been valued in Case my Personal Estate shall be or become deficient to pay the same) Unto my said Nephew Joseph Butler his Heirs and Assigns for ever
And my Will and Desire is that the said Joseph Butler shall and do assume have use and take upon himself the Surname of Milner only and use and bear my Arms and shall in all Deeds Writings Letters and other Instruments of Writing be called and stiled [styled] by the Surname of Milner only and set and subscribe his Surname of Milner only to all and every of such Deeds Writings and Instruments And my further Will and Desire is that the said Joseph Butler shall as soon as conveniently may be after my Decease have his Doctors Degree in due form
Item I Give and bequeath to my said Housekeeper Sarah Thomas the Sum of Ten pounds for Mourning;
To my Maid Servant Ann Hoath the Sum of Thirty pounds and the further Sum of Ten pounds for Mourning;
To my Servant John Harman the Sum of fifty pounds and the further Sum of Ten pounds for Mourning;
And to my Servant John Phips the Sum of Twenty pounds and the further Sum of Ten pounds for Mourning
And my Will is that if the said Sarah Thomas Ann Hoath John Harman and John Phips or any of them shall quit and leave my Service before my Decease then the Legacys of him her or them so quitting or leaving my service in my life time shall wase [waste] and be void
And I Give to each and every of my other Servants who shall be living with me at my Death (Except the said Sarah Thomas Ann Hoath John Harman and John Phips) one years Wages or Salary over and above what shall be due to them respectively at the time of my Decease
And my Will is that the said Legacies of Fifty pounds to the said John Harman Thirty pounds to the said Ann Hoath and twenty pounds to the said John Phips shall be paid to them respectively within three Calendar Months next after my Decease
And Whereas it is my desire that a School should be Established at Aylesford * aforesaid for the
teaching and instructing such and so many poor Children of the said Parish of Aylesford in Reading
Writing and Arithmatick [Arithmetic] (aka the “3 R’s”) as shall from time to time be thought fit and
Ordered and directed by my said Nephew Joseph Butler his heirs or Assigns Owners and Proprietors
of my Mansion House called Preston Hall aforesaid
* From Ed. Hasted’s History and Topography of the County of Kent:
“THE REV. MR. [JOSEPH] MILNER, in pursuance of his uncle, Dr. Charles Milner's will, settled 20l.
[£20] per annum, payable out of part of his estate, towards the support of a charity school, for the benefit of the
poor children of this parish."
Therefore it is my Earnest Request and Desire to the said Joseph Butler (and which I make no Doubt but he will readily comply with) that he the said Joseph Butler or his Heirs shall and do as soon as may be after my Decease well and sufficiently convey settle and assure Lands Tenements or Hereditts. of an Estate of Inheritance in Fee Simple of the Yearly Value of Twenty pounds free from Incumbrances Except quit Rents Situate lying and being within the said Parish of Aylesford or within Ten Miles Distance of the said Parish of Aylesford or Grant Settle and assure an Annuity or Yearly Rent Charge of Twenty Pounds free from all Taxes and Deductions to be Issuing and Payable unto Lands Tenements Situate and being in the said Parish of Aylesford or within Ten Miles of the said Parish unto Proper Trustees to be named and Appointed for that purpose by him the said Joseph Butler or his Heirs for the Support and Maintenance of a Schoolmaster in the said Parish of Aylesford for the Purpose aforesaid and under and subject to such powers Rules and Orders for the nominating and Appointing new Trustees in the room of such Trustees as shall Dye and continuing the Trust and for the Government and Regulation of such Schoolmaster and school as the said Joseph Butler or his Heirs shall think fit
Item as to all the Rest Residue and Remainder of my Goods Chattels Stock Funds moneys and Securities for Money and all other my Real and Personal Estate whatsoever and wheresoever and of what nature kind or Quality soever the same be not herein before otherwise disposed of, (after and subject to the payment of my Just debts and Funeral Charges and the several legacies and Sums of Money and Bequests by me Given bequeathed and made) I Give and bequeath the same and every part thereof And all my Estate and Interest therein unto my said Nephew Joseph Butler his Heirs Executors Admors. [Administrators] and Assigns respectively
And I do make constitute and Appoint the said Joseph Butler full and Sole Executor of this my last Will and Testament
And I do hereby revoke all former Wills by me made
In Witness whereof I the said Charles Milner the Testator have to Two parts of this my last Will and Testament one being a
Duplicate of and of the same Tenor Effect and Contents with the other but each part by itself being by
me intended to contain my whole and onlie [only] Will Set my hand and seal (to wit) as to this part of
my Will (contained in this and the foregoing skin of parchment) I have signed my name at the Top of
each Skin and where both the Skins are fixed or Joined together have Signed my name and put my
Seal Dated the Day and year first above written
Charles Milner
Signed Sealed Published and Declared by the above named Charles Milner 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 thereunto
Fra: Brooks - Wm. Russell - Wm. Langton Williams
This Will was proved at London the Twenty sixth day of November in the year of our Lord One thousand Seven hundred and Seventy one before the Right Worshipful George Hay Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of the Revd. Joseph Butler Clerk the Nephew of the deceased and Sole Executor named in the said Will to whom admon. [administration] was Granted of all and Singular the Goods Chattells and Credits of the said deceased, he having been first sworn by Commission Duly to Administer.
Transcribed by Shelagh Mason, 24th April 2020
Return to Kent GenealogyWill of Charles Milner