First I give and devise all those my Messuages Mill Farm and Lands situate lying and being in Horsforth in the Parish of Guisley in the County of York with the Appurtenances and now or late in the tenure or occupation of William Hague his Assigns or Under tenants and also all that Messuage or Tenement with the Yards Gardens Backsides and Appurtenances thereunto belonging situate lying and being in the Parish of Bradford in the said County of York and now or late in the Tenure or Occupation of Mr. Joseph Priestly subject to the Estate for life of my Uncle Mr. Bayamin [Benjamin] Butler of and in the said last mentioned Messuage
And also all that my Field or parcel of Land lying and being in or near Norton Lane in the Parish of Bradford aforesaid and late in the Occupation of Thomas Hardcastle but now or late of the said Joseph Priestly his Assigns or Under tenants Unto the heirs of my Body lawfully begotten or to be begotten
And for default of such Issue unto my Niece Mary Cottam her heirs and Assigns for ever in lieu and discharge of any Sum or Sums of Money which I may have saved for her out of the allowance ordered by the Court of Chancery for the Maintenance of her Brother Charles Cottam
Item I give devise and bequeath all and every the freehold and leasehold Manors Messuages Lands Tenements and Hereditaments or Parts or Shares thereof which my dear Wife Sarah Milner was seized and possessed of before our Intermarriage and which she previous to our Marriage conveyed and assured or agreed to convey and assure to me and my heirs unto my said Wife Sarah Milner and her Assigns for and during the term of her natural life And from and after her decease unto the heirs of my body lawfully begotten and to be begotten And for default of such Issue unto my said Wife Sarah Milner her heirs Executors Administrators and Assigns for ever
Item I give and devise all and every my Manors Messuages Lands Tenements Advowson and Hereditaments situate lying and being in the said County of Kent not hereinbefore otherwise disposed of with their and every of their Rights Members and Appurtenances unto the heirs of my Body lawfully begotten and to be begotten and for default of such Issue I give and devise unto my Sister Mary Cottam and her Assigns for and during the joint Lives of her and my said Wife one Annuity or Yearly Rent Charge of Fifty Pounds of lawful Money of Great Britain to be issuing and payable and how received and taken out of all and every my said Manors Messuages Lands Tenements Advowson and Hereditaments not before disposed of and to be paid by four quarterly Payments on the fifth day of January the fifth day of April the fifth day of July and the tenth day of October by even portions quarterly to be paid free from and without any deduction or abatement thereout for or in respect of any Taxes Charges or Impositions imposed or to be imposed by Authority of Parliament or otherwise howsoever the first Payment thereof to begin on such of the said days of Payment as shall next happen after my said Wife shall come into the Possession of my said Manors Messuages Lands and Hereditaments and if the same Annuity or any part thereof shall be behind ad unpaid over or after any of the said Days of Payment on which the same ought to be paid as aforesaid by the space of twenty days
Then and in such Case it shall and may be lawful to and for my said Sister or her Assigns unto and upon the said Manors Lands and Heredits. charged therewith or any part thereof to enter and Distrain for the same and the distress and distresses then and there found to take carry and have away and also to sell such Distresses until she shall be paid the said Annuity and all Arrears thereof and her Costs and Charges sustained by reason of the Non payment thereof and subject to the said Annuity of Fifty pounds before given to my said Sister during her and my Wife’s joint Lives
I give and devise the same Manors Messuages Lands Tenements Advowson and Hereditaments last mentioned their and every of their Rights Members and Appurtenances unto my said Wife Sarah Milner and her Assigns for and during the term of her natural life she keeping the same and the Buildings thereunto belonging in good and tenantable repair and from and after her Decease unto my said Sister Mary Cottam and her Assigns for and during the term of her natural life she keeping the same and the Buildings thereunto belonging in good and tenantable repair
And from and after her decease unto the Reverend Mr. Samuel Denne of Wilmington in the said County of Kent Clerk his Executors Administrators and Assigns for and during the term of five hundred Years without Imposition of Waste upon the trusts hereinafter mentioned and declared of and concerning the same And from and after the End Expiration or other sooner determination of the said term Unto my Nephew Charles Cottom and the heirs of his Body lawfully begotten and to be begotten and for default of such Issue Unto my said Niece Mary Cottom and the heirs of her body lawfully begotten and to be begotten And for default of such Issue unto my own Right Heirs forever
Provided always and I do hereby declare that the said term and Estate if Five hundred Years herein before devised and limitted to the said Samuel Denne his Executors Administrators and Assigns is limitted and devised to him and them Upon Trust and to the Intent and purpose that in case my said Niece Mary Cottam shall live to attain the Age of twenty one years or be married Then he the said Samuel Denne his Executors Administrators and Assigns shall and do within three Calendar Months next after the decease of the Survivor of my said Wife and Sister by and out of the Rents Issues and Profits of the said Manors Messuages Lands Tenements Hereditaments and Premisses comprized in the said Term of Five hundred Years or by Sale or Mortgage or other Disposition of the same or of a competent Part thereof for all or any part of the said term of Five hundred Years or by all or any the Ways and Means aforesaid levy and raise the Sum of four thousand Pounds of lawfull Money of great Britain and pay the same to my said Niece Mary Cottam at her Age of twenty one Years or day of Marriage which shall first happen if such time of Payment happen after the Decease of my said Wife and Sister and the Survivor of them but if in the life time of them there within three Calendar Months next after the death of such survivor with Interest at the rate of four pounds per centum per Annum from the Death of such Survivor and not without the consent of my said Wife and Sister or the Survivor of them testified in writing under their hands and seals of the Hand or Seal of such Survivor
And Upon this further Trust that he the said Samuel Denne his Executors Administrators and Assigns shall and do from and after the decease of the Survivor of them my said Wife and Sister by and out of the Rents and Profits of the said Manors Lands and Hereditaments or any part thereof raise and levy such intercourse and in the mean time for my said niece from the death of the Survivor of my said Wife and Sister and until the said Sum of Four Thousand Pounds shall become payable as he or they in his or their discretion shall think fit not exceeding one Year with another the Interest of the said Sum of Four Thousand Pounds after the Rate of four Pounds per Centum per Annum
Such Yearly Sum or Sums for Maintenance to commence and be accounted from the decease of the Survivor of my said Wife and Sister and to be paid to or for my said Niece at the four most usual Feast Days or Days of Payment in the Year (that is to say) the Feast of the Annunciation of the Blessed Virgin Mary, the Nativity of St. John Baptist of St. Michael the Archangel and of the Birth of our Lord Chirst [Christ!] by Equal portions the first Payment thereof to begin and to be made on the first of the said Feast Days happening next after the decease of my said Wife and Sister
And Upon this further Trust and Confidence that he the said Samuel Denne his Executors Administrators and Assigns shall and do until the said Sum of four thousand Pounds shall become Payable permit and suffer such person and persons to whom the next and immediate Reversion and Remainder of the said term of five hundred Years shall for the time being belong or appertain by Virtue of this my Will to receive and take the Residue of the Rents and Profits of the same Manor, Lands and Premisses over and above so much thereof as shall from time to time be paid or become payable for the Maintenance and Education of my said Niece as aforesaid
Provided always that no such demise Sale or Mortgage as aforesaid shall be made until the said Sum of Four Thousand Pounds shall become Payable as aforesaid Provided also that in case the said Sum of four thousand Pounds and also such Maintenance in the mean time and until the said Sum of four thousand pounds shall become Payable as aforesaid shall be by the said Samuel Denne his Executors Administrators or Assigns raised and levied by the ways and means in that behalf before mentioned or shall be by the person or persons next entitled to the Freehold and Inheritance of the said Manors Lands and Premisses expectant on the said Term of five hundred Years paid or to the good liking of the said Samuel Denne his Executors Administrators or Assigns secured to be paid according to the true Intent and Meaning of this my Will
Then and in either of the said cases and at all times thenceforth the said Term of Five hundred Years of and in the said Manors and Premisses or so much thereof as shall remain unsold and undisposed of for the purposes aforesaid the Trustees charges relating to the term if any being first paid and discharged shall cease determine and be utterly void to all Intents constructions and purposes any thing in this my Will contained to the contrary notwithstanding
Provided always and my will is that it shall and may be lawful to and for my said Wife and Sister respectively as and when they shall respectively come into and be in the actual possession of the Manors Messuages Lands Tenements and Hereditaments hereinbefore devised to them for their Lives as aforesaid or any part thereof or be actually entitled to the Rents and Profits thereof by Virtue of the Limitations in this my Will by Indenture under their respective Hands and Seals to demise and Lease the same or any part or parts thereof whereof they shall respectively be in the actual possession or to the Rents and Profits whereof they shall respectively be entitled other than an except any Capital Messuage or Mansion House called Preston Hall and the Barns Stables Outhouses Buildings Yards Gardens Lands and Appurtenances thereunto belonging and therewith by me now used and occupied which my said Wife and Sister may let for their respective natural lives but for no longer
Then 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 Continuation thereof respectively the best and most improved Yearly Rent that can or may be reasonably had or gotten for the same without taking any Sum or Sums of Money or other thing by way of Fine or Income for or in respect of such Lease or Leases and so as none of the said Leases be made Dispunishable of waste by any express words therein to be contained And so in every of such Leases there be contained a Clause of Recovery for nonpayment of the Rent or Rents to be thereby respectively reserved and so as the Lesee or Lesees to whom such lease or leases shall be made Seal(ed) and delivered Counterparts of such Lease or Leases
Provided also and my further Will is that it shall and may be lawful to and for my said Wife and Sister respectively as and when they shall respectively come into and be in the actual possession of the said Estates hereinbefore devised to them for their respective lives as aforesaid or any part thereof or be actually initled to the Rents and Profits thereof by Virtue of the Limitations in this my Will contained to fell and cut down such Timber standing and growing thereon as shall have stood its proper time and get its full growth and also such Timber standing and growing in the Woods of and belonging to the same Estates as the same is and becomes fit to fell in the course of felling the underwoods thereof in such and the same manner as my late Uncle Doctor Charles Milner deceased and myself have usually done and to sell and convert the same to and for their own use respectively
So always nevertheless that such Timber or so much thereof as from time to time shall be necessary shall always and in the first place be applied in rejoining my said Estates and the Houses Buildings and Fences thereunto belonging and the remainder thereof to be the property of my said Wife or Sister respectively who shall fall and cut down the same trusting and putting a Confidence in both my said Wife and Sister that neither of them will fall or cut down any growing Timber or such as will improve and ought t be left standing for the benefit of my said Estate or the person or persons who by Virtue of this my Will may be entitled to the Inheritance of my said Estate
Item I give unto my said Wife the use Wear and Enjoyment of all my Plate Linnen China Books Pictures Household Goods and Furniture of and in my Dwelling House and the offices and Gardens thereunto belonging for and during the term of her natural life and from and after her decease I give the Use Wear and Enjoyment of the same Plate Linnen China Books Pictures Household Goods and Furniture to my said Sister Mary Cottam for and during the term of her natural life and from and after her decease I give and bequeath the same Plate Linnen China Books Pictures Household Goods and Furniture unto my said Nephew Charles Cottam his Executors and Administrators
And I do direct that as soon as conveniently may be after my decease my Executors hereinafter named do cause a true and perfect Schedule or Inventory to be made and taken of all the said Plate Linnen China Books Pictures Household Goods and Furniture and that my said Wife shall within sixty days after my decease give a Receipt for the said Plate Linnen China Books Pictures Household Goods and Furniture at the foot of the said Inventory or a true copy thereof and deliver the same to my said Nephew Charles Cottom
Item I give to the Poor of the Parish of Aylesford the Sum of twenty Pounds;
to the Poor of the Parish of Ditton the sum of ten Pounds
and to the Poor of the Parish of Burham the Sum of ten Pounds
all which Sums I direct to be distributed as soon as conveniently may be after my decease by my Executrix hereinafter named
Item as to all the rest residue and remainder of my Moneys and Securities for Money Goods Chattels and personal Estate whatsoever and wheresoever and of what nature kind or quality soever the same (may) be after and Subject to the Payment of my debts Legacies and Funeral Expences I give and dispose of the same in manner hereinafter mentioned (that is to say)
In case I shall leave any Child or Children of my body lawfully begotten living at my decease or born in due time afterwards Then I give and bequeath the same unto such Child or Children to be equally divided between or amongst them if more than one share and share alike the Shares of Sons to be paid at their respective ages of twenty one years and the Shares of Daughters to be paid at their respective ages of twenty one years or days of Marriage and my Will is that the Interest thereof in the mean time shall be applied towards their respective Maintenance and Education
But in case I shall leave no child or children living at my decease or born in due time afterwards or being such Child or Children all of them shall die unmarried under the age of twenty one Years Then I give the several Legacies and the residue of my Personal Estate in manner hereinafter mentioned (that is to say)
I give and bequeath unto my said Sister Mary Cottam the Sum of one hundred Pounds;
to my said Niece Mary Cottam the sum of one hundred Pounds;
To my Uncle the Revd. Mr. Benjamin Butler the Sum of One hundred Pounds;
to my Wife’s Sister Mrs. Elizabeth Belcher the Sum of Fifty Pounds;
to my Wife’s Cousin Mrs. Frances Champneis the Sum of fifty Pounds;
to the before named Samuel Denne the Sum of Fifty Pounds
and to my Godson Nathaniel John Puck the Sum of Fifty Pounds
All which Legacies I direct shall be paid within one Year after my decease
And as to the residue and remainder of my Personal Estate (after and subject to the Payment of my debts and Funeral Expences and the several Legacies before bequeathed in case the same shall vest and become payable I give and bequeath the same and every part thereof and all my Estate and Interest therein unto my said Wife Sarah Milner her Executors and Administrators and I do nominate constitute and appoint my said Wife Sarah Milner sole Executrix of this my last Will and Testament
In Witness whereof I the said Joseph Milner the Testator have to this my last Will and Testament
contained in six sheets of Paper and also to a Duplicate hereof set my hand and seal (to wit) my hand
to the first five sheets and m hand and seal to this last sheet dated the day and year first above written
Jos. Milner
Signed Sealed Published and declared by the above named Joseph 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
Charlotte Belcher - Eliza Thomson - A.H. Dyne
This Will was proved at London on the twenty eighth day of August in the Year of our Lord one Thousand seven hundred and eighty four before the Right Worshipful Peter Calvert Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of Sarah Milner Widow the Relict of the deceased and sole Executrix named in the said Will to whom Administration was granted of all and singular the Goods Chattells and Credits of the said deceased she having been first sworn duly to administer
Notes:
The Reverend Joseph Milner DD of Preston Hall, Aylesford was buried on 5th August 1784 at SS Peter & Paul, Aylesford. No age is given.
Wife Sarah Milner was also buried at Aylesford on 5th October 1803.
Transcribed by Shelagh Mason, 25th April 2020
Return to Kent GenealogyWill of Joseph Milner