And whereas in or about the year one thousand eight hundred and thirteen I purchased from the
Right Hon'ble Thomas Baron le Despenser certain Glebe lands* and buildings and the
Corn Tithes arising from the lands in the parish of Aylesford aforesaid held under the Dean and
Chapter of Rochester by lease for twenty one years renewable upon the usual conditions
* Glebe land - an area of land within an ecclesiastical parish used to support a parish priest.
Now I do hereby charge the said Glebe lands tythes and premises with the Legacies or Sums of two
thousand and five hundred pounds of lawful sterling money to or in favor of each of my daughters
and one thousand pounds to or in favor of each of my sons not being an eldest son so he shall be
living at the time of my decease to each of whom I do hereby give and bequeath such legacys or sums
of two thousand and five hundred pounds and one thousand pounds apiece accordingly
And I direct that the same shall be paid or transferred for the use and benefit of my said daughters and sons
within five years next after my decease by the person or persons who by virtue of this my Will shall
possess the said Glebe Estates and premises together with interest thereon from the time of my
decease to the time of payment at the rate of five per cent such interest to be paid into the proper
hands and for the immediate benefit of my sons and daughters
And in case the daughters shall then be married or have attained twenty one and the sons shall have attained that age, but if not then into the hands of my brother in law Percival Hart Dyke Esqr to be by him applied for the advantage of my said daughters and sons as he in his discretion shall think fit the said respective legacies to be had and enjoyed by my said daughters and sons over and above any portion to which they may become entitled under my marriage settlement and subject to the said legacies and the secured rent and fines and other charges incident to the reversion of the said lease
I give and bequeath the said Glebe land buildings and tythes unto the person or persons who by virtue of the limitations contained in my said settlement shall become entitled to or be in the actual possession of my real estate in the parish of Aylesford aforesaid and to his her or their executors admors. and assigns
Also I give and devise the reversion or remainder in fee expectant on failure of issue male and beside the reversion and in all and every my manors messuages lands tenements and heredits. [hereditaments] whereof or wherein I or any person or persons in trust for me are or is seized in possession reversion remainder or expectancy with all and singular their appurts. [appurtenances] and all other my real estate whatsoever in default of issue male of my body as of or unto and to the use of all and every the daughter and daughters of my body lawfully begotten or to be begotten to be equally divided between or amongst them if more than one share and share alike as tenants in common and not as joint tenants And to the heirs of the several and respective body and bodies of such daughters lawfully issuing
And in case any one or more of such daughters shall happen to die without issue of her or their body
or bodies then as to the part or share of her or them so dying without issue to the use of the survivor
or survivors or others or other of them lawfully if any such Survivors to take as tenants in Common
and not as joint tenants And in case all such daughters but one shall happen to die without issue of their bodies or if there
shall be but one such daughter then to the use of such surviving or only daughter and the heirs of her body lawfully issuing
and for default of issue To the use and behoof of my Sister Mary Atkinson now the Wife of the Revd. William Atkinson and her
assigns for and during the term of her natural life
And from and after the determination of that estate by forfeiture or otherwise To the use of my said
brother in law Percival Hart Dyke and Sir Henry Hawley Baronet of Leybourne Grange in
Leybourne in the said County of Kent and their heirs for and during the natural life of my said Sister Mary Atkinson
In Trust to support and preserve the contingent uses and estate hereinafter limitted
from being defeated or destroyed and for that purpose to make entries or bring actions as the case
shall or may require but not to cause any of the profits thereof to their own use but to permit and
suffer my said Sister Mary Atkinson and her assigns to receive take and enjoy the rent and profits
thereof to and for her and their own use during her natural life
And immediately from and after the decease of my said Sister Mary Atkinson to the use and behoof of the Revd. Charles Cage of Milgate in the parish of Thurnham in the said County of Kent Clerk and Nicholas Roundell Toke of Goddington in the said County Esqr. their executors admors. and assigns for and during the term of five hundred years Upon the trusts and for the uses intents and purposes hereinafter declared concerning the same
And from and after the end expiration or other sooner determination of the said term and subject thereto to the use and behoof of the first son the said body male or the body of such first son lawfully issuing and for default of such issue to the use and behoof of the second son of the body of my said Sister Mary Atkinson lawfully begotten or to be begotten and the heirs male of the body of such of the third fourth fifth or sixth and all and every other the son and sons of the body of my said Sister Mary Atkinson lawfully begotten or to be begotten severally in successive tail and the remainder one after another as such sons shall be in seniority of age and priority of birth
And the several and respective heirs male of the body and bodies of all and every such son and sons lawfully issuing, the elder of such son and sons and the respective heirs male of his and their body and bodies issuing and for default of such issue to the use and behoof of all and every the daughter and daughters of my said Sister Mary Atkinson lawfully begotten or to be begotten to be equally divided between or among them if more than one share and share alike as tenants in common and not as joint tenants and of the several and respective heirs of the bodies of all and every such daughter and daughters lawfully issuing and in case any one or more of such daughters shall happen to die without issue of her or their body or bodes then as to the part or share of her or them so dying without issue to the use of the survivors or survivor of them and others or other of them such survivors to take as tenants in common and not as joint tenants
And the several and respective heirs of the bodies of such survivors or survivor or others or other of them and if all such daughters but one shall happen to die without issue of their bodies or if there shall be one such daughter then to the use of such surviving or only daughter and the heirs of body lawfully issuing and for default of such issue unto my right heirs for ever
Provided always and I do hereby declare that the devise so by me made to or in favor of my said Sister Mary Atkinson and the issue of her body in failure of my own issue is upon this express condition ... ....... in that the person or persons or persons who under or by virtue of the Limitations herein contained shall come unto and be in the actual possession of my said real estate shall always take and use the Surname and bear the Arms of Milner
And I do so hereby declare that the said term and estate of five hundred years of and in my said devised estates hereinbefore limited to the said Charles Cage and Nicholas Roundell Toke their Executors Admors. and assigns is so limited to them upon such trusts and to and for such intents and purposes and under and subject to such provisoes declarations and limitations as are hereinafter mentioned expressed and declared of and concerning the same (that is to say)
That in case my said Sister Mary Atkinson shall happen to have an eldest or only son and also one or more of her child or children whether a daughter or daughters younger son or sons or both of her body lawfully to be begotten then Upon Trust that they the said Charles Cage and Nicholas Roundell Toke and the Survivor of them his executors admors. and assigns shall and do by and out of the rents issues and profits of the said manors messuages lands tenements and heredits. and premises hereby devised 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 of the ways or means aforesaid or such other ways or means as they or the Survivor of them or the executors or admors. of such survivor shall think fit, levy and save such sum and sums of money the portion and portions and maintenance of all and every such daughters and younger sons as is and are hereafter mentioned (that is to say)
If there shall be but one such child (and) be the same a daughter or a younger son the sum of four thousand pounds of lawful sterling money for his or her portion the same to be paid to such child if a son at his age of twenty one years or some competent part thereof to be advanced for his benefit and preferment in the world and if a daughter 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 Sister Mary Atkinson, but if in her lifetime within three Calendar months next after her decease with interest after the rate of four pounds per Centum [4%] per annum from the death of my said sister and not sooner unless with the consent of my said Sister Mary Atkinson testified in writing under her hand and seal and attested by two or more Credible Witnesses
And if there be two such children and no more then the sum of four thousand pounds of like money for their portions and if there shall be three or more such children then the sum of six thousand pounds of like money for their portions the portions of such children (if more than six) to be shared and divided between them in such parts and proportions and payable such time or times and with such maintenances in the meantime not exceeding the interest of their respective portions after the rate of four pounds per centum per annum [4%] from the death of my said sister and not sooner unless with the consent of my said Sister Mary Atkinson testified in writing under her hand and seal and attested by two or more Credible Witnesses shall direct and appoint
And in default of such direction and appointment then the same portions to be equally divided between and amongst them share and share alike to be paid to such of them as shall be sons at the age of twenty one years or some competent part thereof to be sooner advanced for the benefit and preferment in the world of any such son or sons in case the said Charles Cage and Nicholas Roundell Toke or the Survivor of them of the executors or admors. of such survivor shall so think meet and to such of them as shall be a daughter or daughters at her or their respective age or ages of twenty one years or days of marriage which shall first happen if such respective times of payment happen after the decease of my said Sister Mary Atkinson but if before the certain three calendar months next after her decease with interest after the rate of four pounds per centum per annum from the day of the death of my said Sister and not sooner unless with such consent and so testified as aforesaid
Provided always that notwithstanding the postponing the payment of such portion and portions until after the decease of my said Sister Mary Atkinson all and every such portion and portions shall be considered as vested interests in such of the younger sons as shall attain the age of twenty one years and in such of the daughters as shall attain that said age or be married in the lifetime of my said Sister unless Provided also that in case any of the same children being a son or sons shall die or being an eldest son or only son before the said age of twenty one years or being a daughter or daughters shall die before the said age unmarried Then the portion or portions of him her or them so dying or if such son so becoming an eldest or only son before or so much thereof as shall not have been sooner (used) for the preferment of any such son shall go and be paid unto and amongst the survivors or survivor of them, but subject to such determination or appointment to be made thereof between or amongst them by my said Sister as aforesaid and in default of thereof then to be equally divided between them share and share alike (if more than one) when the original portion or portions of surviving child or children shall by virtue of this my will become payable
And my will and mind is that all and every the share and shares so directed to survive shall from time to time survive together with the original portion and portions unto such original portion or portions shall by virtue of this my Will become payable so always that no one such child shall have above the sum of four thousand pounds between them nor any three or more of them above the sum of six thousand pounds between them for their portions
And Upon this further Trust that they the said Charles Cage and Nicholas Roundell Toke their
executors admor. and assigns shall and do after the decease of my said Sister by and out of the rents
issues and profits of the said manor and messuages lands and premises or any part thereof raise and
levy such maintenance in the meantime for the same child or children until their respective portions
shall become payable as they in their discretion shall think fit not exceeding one year with another the
interest of their respective portions after the rate of four pounds per centum per annum such yearly
sums for maintenance to commence and be accounted from the day of the death of my said sister and
to be paid to or for such child or children respectively at the four most usual feasts or days of
payment in the year (that is to say)
The feast of the Annunciation of the Blessed Virgin Mary; of the Nativity of Saint John the Baptist; of
St. Michael the Archangel and of the Birth of our Lord Christ, the first of such payments to begin and
be made on the first of those feast dates next happening after the decease of my said Sister
And Upon further Trust that they the said Charles Cage and Nicholas Roundell Toke their executors admor. and assigns shall and do until some part of the said portions shall become payable permit and suffer such person and persons to whom the next and immediate reversion (and) remainder of the said manors lands and heredits. expectant on 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 rent and profits of the same manors messuages lands and heredits. over and above so much thereof as shall from time to time be paid or payable for the maintenance of such child or children as aforesaid
Provided also that no such demise sale or mortgage as aforesaid shall be made until some one of he said portion of the said younger children shall become payable as before said Provided also And I do hereby declare my Will to be that from and after the several trusts hereinbefore declared of and concerning the same term of five hundred years shall in all things become not be fulfilled performed or become incapable of taking effect according to the tenor and true 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 hereinbefore devised manors lands heredits. and premises or so much thereof as shall remain unsold and undisposed of for the purposes aforesaid the trustees charged relocation to the trusts of the said term being first paid and satisfied shall cease determine and be utterly void to all intents and purposes any thing in this my will contained to the contrary thereof in any wise notwithstanding
Item all my money and securities for money Goods chattels effects and all other my personal estate whatsoever and wheresoever and of what nature kind or quality soever the same may be not hereinbefore otherwise disposed of after and subject to the payment of my debts and funeral expences I give and bequeath the same and every part thereof unto my eldest son which may be living at my decease (see end notes) to be paid unto him at his age of twenty one years But in case such son shall die unmarried under the said age of twenty one years then and in such case I give and bequeath the same unto every the daughter and daughters of my body lawfully to be begotten, if more than one share and share alike and to be paid unto them at their several and respective ages of twenty one years or days of their respective marriages which shall first happen
And in case any one or more of such daughters shall happen to die unmarried under the said age of twenty one years then the share or shares of her or them so dying without issue to go to the survivors or survivor of my said daughters to be equally divided between or among them if more than one share and share alike at such time or times as her or their original share or shares shall become payable and if all such daughters but one shall happen to die unmarried under the age of twenty one years then to such surviving daughter and to be paid to her at her age of twenty one years or day of marriage which shall first happen
But in case I shall leave no issue of my body or leaving such all shall also die under the said age of twenty one years and unmarried then and in such case I give and bequeath unto Elizabeth Belcher the sum of one hundred pounds of lawful money of Great Britain to be paid unto her within six months next after my decease by my executors hereinafter named and in such case
I give and bequeath the Rest and Residue of my said personal estate after and subject to the payment of the said legacy hereinbefore by me bequeathed unto my said Sister Mary Atkinson her executors and admors.
and my will and mind is that they the said Charles Cage and Nicholas Roundell Toke their executors or admors. shall not be charged or chargeable nor accountable for any more of the said trust estates money and premises than they shall respectively actually receive or shall come to their respective hands by virtue of this my will nor with or for any loss which shall happen of the same estate moneys and premises or any part thereof so as such loss happen without the wilful defaults nor shall one of them be answerable or accountable for the other of them or for the heirs executors or admors. act or deed of the other of them but each of them only for his own acts deeds and defaults
And also that it shall and may be lawful to and for the said Charles Cage and Nicholas Roundell Toke their Executors and admors. in the first place by and out of the aforesaid trust estate moneys and premises to deduct and reimburse him and their executors respectively all such loss costs Charges damages and expences as they or either of them shall be put unto for or by reason of the said trusts hereby in them reposed or in the management and execution thereof or any other thing in anywise relating thereto
And I do constitute and appoint the said Percival Hart Dyke and Sir Henry Hawley Guardians of all and every my children until my Sons shall respectively attain their respective ages of twenty one years and my daughters the said ages of twenty one years of be married respectively which shall first happen and to have the said Custody maintenance and education of them and their estates respectively during the terms aforesaid
And I do make constitute and appoint the said Percival Hart Dyke and my eldest son Charles Milner Executors of this my last
Will and Testament and I do revoke all former Wills by me made
In Witness whereof I the said Charles Milner the Testator have to this my 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 hereto
Jno Dudlow of West Malling Solr. - J.N. Dudlow of the same place, Solr. - Jas. Reynolds Clerk to Mr. Dudlow
Proved at London the 20th February 1836 before the Worshipful John Lanbury Doctor of Laws and Surrogate by the Oaths of Sir Percival Hart Dyke Baronet theretofore Percival Hart Dyke Esqr. and Charles Milner Esqr. the Son the executors to whom admon. [administration] was granted having been first sworn duly to Admr. [Administer].
Notes: Please do NOT accept these notes as accurate – but to be requiring checking and and confirmation (but
I hope they are OK). Source: FindmyPast – images of original parish register pages where possible were used.
Charles Milner, Ba. married Miss Harriet Dyke, Sp. on 2nd August 1791 at St. Botolph, Lullingstone,
Kent. Witnesses were: Dixon Dyke, Anne Dyke, Thomas Dyke.
Miss Harriet James Dyke was the daughter of Percival Hart Dyke Esquire and Anne of Orpington, christened 17th June 1807 at Lullingstone.
Children of Charles and Harriet Milner: (Where Ch. = Christening, Bu = Burial.)
Ch. 6 Dec 1792 Harriet Philadelphia – Ch. at SS Peter & Paul, Aylesford and Bu. there in 1793.
Ch. 15 Mar 1799 Mary Ann (Bu.: 13 Jun 1836 aged 37 at Aylesford);
Ch. 28 Sep 1800 Harriet Sarah (Bu.: 5th June 1802 at Lullingstone);
Ch. 8 Dec 1801 Charles (Bu.: 26 Sep 1846 aged 44 at Aylesford)
– all the above were christened at SS Peter & Paul, Farningham
Ch. 5 Apr 1804 John (Bu.: 13 Oct 1846 aged 42 at Aylesford;
Ch. 22 Jul 1805 Henry Robert; (Bu.: 22 Jan 1855 aged 49 at Barming Asylum);
Ch. 12 Aug 1808 Caroline Elizabeth
– all 3 above christened at SS Peter & Paul, Aylesford.
Charles Milner (of this Will), of Preston Hall, Aylesford, died and was buried on 15th January 1836, aged 73, at Aylesford.
Daughter Caroline Elizabeth married Bryan Higgens on 21 Jan 1831 at Aylesford.
Son John Milner, Ba., married Mary Long, Sp. on 9th October 1831 at All Saints, Hollingbourne.
Transcribed by Shelagh Mason, 26th April 2020
Return to Kent GenealogyWill of Charles Milner