And I give and bequeath All and singular my Household Goods and Furniture Plate Linen China Pictures Books Cloathes Wearing Apparel Watches Trinckets and personal Ornaments unto my two daughters Sophia Henrietta Elizabeth Scholey, Widow and Marianne Louise Henrietta Readshaw Morley (the Wife of John Readshaw Morley Esquire) equally to be divided between them my said two daughters Share and Share alike
Also I give and bequeath unto all and every of my Servants who shall be living with me at the time of my decease a Years Wages
And I give devise and bequeath unto the said John Readshaw Morley, William Howard of Sloane
Street Chelsea Esquire, William Hulke the Elder of Deale aforesaid Surgeon and James Leith of the
same place Gentleman their Heirs Executors Administrators and Assigns All and every my Freehold
and Copyhold Messuages or Tenements Buildings Lands and Hereditaments and all other my real
Estate whatsoever and wheresoever whether in possession reversion remainder of expectancy or
whereof or wherein any person or persons is or are seized or interested In Trust for me with their Appurtenances
And also all and every my Leasehold Messuages or Tenements Buildings Lands and Premises
whatsoever and wheresoever with their Appurtenances and all the renewable and other Estates Right
Title and Interest which I now have or shall or may have in the said Leasehold Premises at the time of
my decease together with the several Leases thereof which shall be then subsisting
To hold all and singular the said Hereditaments and Premises unto the said John Readshaw Morley, William
Howard, William Hulke and James Leith their Heirs Executors Administrators and Assigns
according to the nature and quality of the same respectively
Upon this special Trust and confidence nevertheless in them reposed and to the end intent and purpose that they the said John Readshaw Morley, William Howard, William Hulke and James Leith or the Survivors or Survivor of them their or the Heirs Executors Administrators and Assigns of such Survivor do and shall with all convenient Speed after my decease absolutely sell and dispose of the said Freehold Copyhold Leasehold and real Estates either entirely and altogether or in parcels by Public Auction or Private Contract to any person or persons willing to purchase the same or any part thereof for such price or prices as to my said Trustees or Trustee for the time being shall seem reasonable with power to purchase in the said Estates or any part thereof if put up for Sale by Public Auction without being liable to the loss which may happen thereby And do and shall enter into, make and execute all such Contracts Agreements Conveyances Securities Assignments and Assurances as shall be deemed requisite or necessary for effectuating such Sale or Sales And do and shall stand possessed of and interested in the Money arising therefrom Upon the Trusts and for the purposes hereinafter expressed of and concerning the same
I give and bequeath all and singular my Monies Securities for Money Monies in any of the Public Stocks or Funds of this Kingdom or elsewhere debts Goods Chattels and Effects and all other my Personal Estate whatsoever and wheresoever and of what kind or nature soever the same may be or consist at the time of my decease (not hereinbefore by me specifically bequeathed and subject to such Payments of my just debts Funeral and Testamentary Expences and Legacies aforesaid) unto them my said Trustees John Readshaw Morley, William Howard, William Hulke and James Leith their Heirs Executors Administrators and Assigns
Upon Trust with all convenient Speed after my decease to sell dispose of call in compel payment of and convert into Money the same or all such part thereof as shall not consist of Money and stand possessed of and interested in the Money arising therefrom and of and in such part of my Personal Estate as shall consist of Money Upon the Trusts and for the purposes hereinafter expressed of and concerning the same
And my Mind and Will is And I do hereby declare that they my said Trustees and the Survivor of them and the Heirs Executors Administrators and Assigns of such Survivor shall and do stand possessed of and interested in all the Monies to arise and be produced by the Sale and Sales of my Freehold Copyhold Leasehold and real Estates and of and in the Monies to arise by the Sale disposition calling in compelling Payment of and conversion of my said Personal Estate and Effects not consisting of Money and of and in such part of my said Personal Estate as shall consist of Money Upon the Trusts and to and for the Intents and Purposes and with under and subject to the powers provisoes and declarations hereinafter expressed declared and contained of and concerning the same (that is to say)
As to one Moiety or equal half part of the said Trust Monies In Trust to lay out and invest the same
in the purchase of a competent Share or competent Shares of the Parliamentary Stocks or Public
Funds of this Kingdom or at Interest upon Government or real Securities in England and from time to
time at their discretion to alter vary and transpose the same for or into other Stocks Funds or
Securities of a like nature
And Upon further Trust during the life of her my said daughter Sophia
Henrietta Scholey to pay the Interest Dividends and annual produce of the said Stocks Funds to or
permit the same to be received by her my said daughter Sophia Henrietta Scholey for her own use and benefit
And from and immediately after her decease Then Upon Trust that they my said Trustees or Trustee for the time being do and shall stand possessed of and Interested in all and singular the same Stocks Funds and Securities and the dividends Interest and annual produce thereof In Trust for all and every the Children and Child of my said daughter Sophia Henrietta Scholey who being a Son or Sons shall attain the Age of twenty one Years or who being a daughter or daughters shall attain that age of marry equally to be divided between or among such Children (if more than one) and if there shall be but one such Child the whole to be In Trust for that Child his or her Executors Administrators and Assigns
And if there shall be no such Child Then I will and direct that they my said Trustees and the Survivors and Survivor of them and the Heirs Executors Administrators and Assigns of such Survivor do and shall stand possessed and interested of and in the before mentioned Moiety of the aforesaid Trust Monies and the Stocks Funds and Securities in or upon the same shall be laid out or invested and the dividends Interest and annual produce thereof Upon such and the same Trusts in all respects and subject to such powers of Appointment as are hereinafter limited and expressed to and for the benefit of my said daughter Marianne Louise Henrietta Readshaw Morley and her Husband John Readshaw Morley and the Issue and next of kin of my said daughter Marianne Louise Henrietta Readshaw Morley concerning the Surplus or Residue of the other or remaining Moiety or half part of the aforesaid Trust Monies after such Appropriation and Investment of the Sum of One thousand four hundred and fifty pounds thereout as hereinafter mentioned or such of them a shall be then subsisting undetermined and capable of taking Effect
And as to the other or remaining Moiety or half part of and in the said Monies to arise and to be produced by such Sale calling in and compelling payment of and conversion of my said Freehold Copyhold Leasehold real and personal Estates as aforesaid And of and in such part of my said personal Estate as shall consist of Money
I do hereby Will and direct that they my said Trustees and the Survivors and Survivor of them and the Heirs Executors Administrators and Assigns of such Survivor do and shall stand possessed and interested in the same In Trust in the first place by and out of the same to lay out and invest the Sum of One thousand four hundred and fifty pounds of lawful Money of Great Britain in the purchase of a competent Share or competent Shares of the Parliamentary Stocks or Public Funds of Great Britain or at Interest upon Government or real Securities in England to be from time to time altered varied or transposed as aforesaid
And shall and do pay the Interest Dividends and annual produce thereof unto to permit the same to be received by the said John Readshaw Morley and Marianne Louise Henrietta Readshaw Morley his Wife and the Survivor of them during their his or her life And from and immediately after the decease of the Survivor of them the said John Readshaw Morley and Marianne Louise Henrietta Readshaw Morley his Wife
Then I will and direct that they my said Trustees or Trustee for the time being shall and do stand possessed of and interested in the said Sum of One thousand four hundred and fifty pounds * and the Stocks Funds and Securities in or upon which the same shall or may be laid out or invested and the dividends Interest and annual produce thereof In Trust for all and every the Children and Child of my said daughter Sophie Henrietta Elizabeth Scholey who being a Son or Sons shall attain the Age of twenty one Years or who being a daughter or daughters shall attain that age of marry equally to be divided between or among such Children (if more than one) and if there shall be but one such Child the whole to be In Trust for that one Child his or her Executors Administrators and Assigns
And if there shall be no such Child then in trust for all and every the children and child of my said daughter Marianne Louise Henrietta Readshaw Morley who being a Son or Sons shall attain the Age of twenty one Years or who being a daughter or daughters shall attain that age of marry in such and the same manner in all respects with such and the like limitations ever to the next of kin of the said Marianne Louise Henrietta Readshaw Morley as is hereinafter limited and expressed concerning the ultimate Surplus or Residue of the said last mentioned Moiety of the aforesaid Trust Monies after such appropriation of the said Sum of One thousand four hundred and fifty pounds as aforesaid
And I do hereby further Will and direct that they my said Trustees and the Survivors or Survivor of them and the Heirs Executors Administrators and Assigns of such Survivor shall and do stand possessed of and interested in the ultimate Surplus or Residue of the said last mentioned Moiety or half part of the aforesaid Trust Monies (after such appropriation and investment of the said sum of one thousand four hundred and fifty pounds thereout as aforesaid
In Trust to assign transfer and pay the same unto such person or persons and in such manner and form in all respects as she my said daughter Marianne Louise Henrietta Readshaw Morley notwithstanding her coverture shall from time to time and at any time or times during her natural life by and Deed or Deeds Writing or Writings under her hand and Seal and attested by two or more credible Witnesses or by her last Will and Testament in Writing or any Codicil or Codicils thereto to be by her signed and Published in the presence of and attested by the like number of Witnesses direct or appoint And in default of such direction or appointment and so far as such direction or appointment shall extend
And in the mean time Subject thereto In Trust to lay out and invest the Ultimate Surplus or Residue of the last mentioned Moiety or half part of the said Trust Monies (after such appropriation thereout as aforesaid) in the purchase of a competent Share or competent Shares of the Parliamentary Stocks or Public Funds of this Kingdom or at Interest upon Government or real Securities in England to be from time to time altered varied and transposed for or into other Stock Funds or Securities of a like nature but that every such Investment Alteration Variation and transposition shall during the life of her my said last mentioned daughter be made with her consent in Writing
And Upon further Trust that they my said Trustees or Trustee for the time being do and shall during the life of her my said daughter Marianne Louise Henrietta Readshaw Morley pay the Interest Dividends and annual produce of the last mentioned Stocks Funds and Securities to such person or persons and for such purposes as she my said last named daughter shall appoint by Writing under her Hand or for want of such Appointment into her own Hands for her own sole separate and peculiar use and benefit independently and exclusively of the said John Readshaw Morley her Husband and without being liable or subject to his Controul Debts Interference or Engagements and upon her single receipt for the same
And from and immediately after her decease Then upon further Trust to pay the Interest dividends
and annual produce of the said last mentioned Stocks Funds and Securities unto the said John
Readshaw Morley and his assigns during his life And from and immediately after the decease of the
Survivor of them the said John Readshaw Morley and Marianne Louise Henrietta Readshaw
Morley his Wife Then I Will and direct that they my said Trustees and the Survivor of them and the
Heirs Executors Administrators and Assigns of such Survivor do and shall (Subject and without
prejudice to the power of Appointment hereinbefore given) stand possessed of and interested in the
Ultimate Surplus or Residue of the said last mentioned Moiety or half part of the aforesaid Trust
Monies and the Stocks Funds and Securities in or upon which the same shall be laid out or invested
And the dividends Interest and annual produce thereof In Trust for all and every the Children and
Child of her my said daughter Marianne Louise Henrietta Readshaw Morley who being a Son or
Son shall attain the age of twenty one years or who being a daughter or daughters shall attain that
Age or marry equally to be divided between or amongst such children if more than one And if there
shall be but one such Child the whole to be In Trust for that one Child his or her Executors Administrators and Assigns
And if there shall be no such Child Then Upon such Trusts and for such Intents and purposes as are expressed and declared of and concerning the said first mentioned Moiety of the aforesaid Trust Monies for the benefit of my said Daughter Sophia Henrietta Elizabeth Scholey and her Issue
And if no such Issue shall become absolutely entitled thereof Then Upon Trust to pay assign and transfer the same unto such person or persons as shall be the next of kin of her my said daughter Marianne Louise Henrietta Readshaw Morley according to the Statute made for the distribution of Intestates Estates
Provided always That until the respective portions of the said Children of my said two daughters before named shall become vested under and by virtue of this my Will it shall be lawful to and or my said Trustees or Trustee for the time being (Subject nevertheless and without prejudice to any prior Interest therein to pay and apply for or towards the maintenance and education of any such Children All or any part of the Income of his or her then presumptive portion and accumulate the Residue for the benefit of the person or persons who shall become absolutely entitled to the Fund from which such accumulations shall have proceeded and to be considered as part of the same
And also to pay and apply for the advancement placing out in the World or in any other manner they shall think fit for the benefit of any such Children All or any part of the portions to which they shall be respectively presumptively entitled under the Trusts aforesaid Provided also that in the mean time the Sale and Sales by me hereinbefore directed to be made of my said Freehold Copyhold Leasehold and real Estates shall respectively take place the Rents Issues and Profits thereof respectively shall be paid to or received by the person or persons who would for the time being be entitled to the Income of the net proceeds thereof in case such Sale or Sales had actually taken place
And I appoint the said John Readshaw Morley, William Howard, William Hulke the Elder and James Leith joint Executors of this my Will And I give to each of them my said Executors the Sum of Twenty pounds ** as an acknowledgement for the care and trouble they may have in the Execution of this my Will
And I declare my Will and Mind is that the Receipt or Receipts of the said John Readshaw Morley, William Howard, William Hulke the Elder or the Survivors or Survivor of them or the Heirs Executors Administrators or Assigns of such Survivor for any Sum or Sums of Money payable to them or him under or by Virtue of this my Will shall be good and effectual discharge or good and effectual discharges for the Sum or Sums of Money therein respectively mentioned to be received and that the person or persons paying the said Sum or Sums of Money and taking such Receipt of Receipts for the same shall not be afterwards answerable or accountable or the misapplication or nonapplication or be in any wise bound or concerned to see to the application of the Money therein mentioned and acknowledged to be received
Provided also and I declare my Will to be that if the said John Readshaw Morley, William Howard, William Hulke the Elder or any or either of them or any Trustee to be appointed in the place of them or either of them or any or either of their Heirs Executors or Administrators shall desire or desire to be discharged from or become incapable to act in the Execution of the Trusts of this my Will before the same Trusts shall be fully performed Then and so often as the same shall happen it shall be lawful for the surviving or continuing Trustees or Trustee for the time being or the Heirs Executors or Administrators of the last surviving Trustee by any Writing under their or his hands to appoint any other person or persons to be Trustee or Trustees in the place of the Trustee or Trustees so dying or desirous to be discharged from or becoming incapable to act
And when any new Trustee or Trustees shall be so appointed all necessary Acts deed and things shall be made done and executed for vesting the Trust Estates Monies and Premises accordingly And every such new Trustee shall have all the powers of the Trustee in whose place he shall be substituted
And I declare that my said Executors and the several Trustees and Trustee for the time being under this my Will shall be answerable for such Monies only as they respectively shall actually receive And that the one of them shall not be responsible for the Acts of the other or others of them nor for involuntary losses And that it shall be lawful for them respectively by and out of the Monies which shall come to their respective hands by Virtue of this my Will to retain to and reimburse themselves respectively and to allow to their respective Co-trustees for the time being all Costs and Expences which they or any of them shall incur of be put unto in the Execution of the Trusts hereinbefore contained in relation thereto
In Witness whereof I the said Sarah Milner the Testatrix have to this my last Will and Testament
contained in eight sheets of paper annexed thereto to the first seven Sheets thereof set my Hand to
this eighth and last Sheet thereof my Hand and Seal the nineteenth day of December in the Year of
our Lord One thousand eight hundred and twenty one
Sarah Milner
Signed sealed published and declared by the said Sarah Milner the Testatrix as and for her last Will
and Testament in the presence of us who have hereunto subscribed our Names as Witnesses thereto
in her presence at her request and in the presence of each other
Mary Bray - Jno May Deal, Solr. - J.W. Shrewsbury his Clerk
Proved at London the 20th July 1822 before the Judge by the Oaths of John Readshaw Morley, William Howard, William Hulke the Elder and James Leith the Exors. to whom admon. was granted they having been first worn duly to administer.
Notes:
Sophia Henrietta Milner, Sp., otp. married George Scholey, Ba., otp. at St. Leonard, Deal on
16th April 1803. Witnesses were: Jas. M. Bennett?, Eliz. Payler?, Sarah Milner, Mary Bray [FMP].
John Readshaw Morley married Louisa Milner 12th March 1801 in Paris, France. He was of
Richmond, Yorkshire; She of Deal, Kent. Witnesses were: Sarah Milner, Wm. Bousis, Frances
Morsen & Sophia Milner. [Source: Foreign Registers and Returns, British Armed Forces marriages, FMP].
John died & was buried 2nd March 1858, aged 81, at Calais & St. Omer. [Source: British Armed Forces And Overseas Deaths And Burials, FMP].
* £1,450 in 1821 is worth approx. £160,500 today. [Bank of England Inflation Calculator]
** £20 in 1821 is worth approx. £2,215 today.
Transcribed by Mrs. Shelagh Mason, 31st May 2020
Return to Kent GenealogyWill of Sarah Milner