Will of John Milner

of Dover (and Aylesford), Kent

I confirm the settlement made in contemplation of my marriage with my dear Wife Frances Sarah Tylden Pattenson and I give devise bequeath and appoint to my said dear wife her heirs executors administrators and assigns all the real and personal estate property and effects which I now am or at the time of my decease shall be seised and possessed of or entitled to To hold the same unto and to the use of her my said Wife her heirs executors administrators and assigns according to the nature and quality thereof respectively

and I hereby appoint my said Wife my sole Executrix of this my Will and I do hereby revoke all former Wills

In Witness whereof I have hereunto set my hand and seal this twenty eighth day of August in the year of Our Lord one thousand eight hundred and thirty eight
J. Milner

Signed sealed published and declared by the above named John Milner the Testator as and for his last Will and Testament who in his presence at his request and in the presence of each other have subscribed our names as witnesses
Ralph Thos. Brockman Solr. Folkestone - Edmd. Kingsford His Clerk - Robt. M. Chainney Folkestone, Gentleman.

Brighton Feby. 1846:
In alteration of my Will made a few years ago under the care of Messrs. Brockman & Watts

I give and bequeath 4 years after my decease the Sum of £240 to my my (sic) truly affectionate Brother Henry now Lieut. Col. in Her Majesty’s Army to be paid from my portion off the estate or legacy left me by my dear Sister Mary Anne
the remainder to my affectionate and beloved Wife and at her death to her Sister Eliza
and at the death of both to my said Brother Henry for his sole disposal

I also give to my said Brother Henry the amount of title money now or mortgage left my by my Father at the death of my dear and affectionate wife

I bequeath to my Brother in law Cooke Pattinson whom I wish & appoint sole Executor of this Codicil my dressing case and gold rings my Gold watch to my dear Wife the Cockatto to Eliza and my Gold Shirt Pin to Col'l. Griffiths J. Milner

Signed in the presence of Feby 1846
Witness James Sarel - Thomas Evans

This is a Codicil to the last Will and Testament of me John Milner of Preston Hall in the County of Kent late a Captain in the East India Company’s Service

Whereas I have recently become possessed of and estate in Kent known as the Preston Hall Estate near Maidstone in the County of Kent aforesaid by the death of my brother Charles Milner

Now I give and devise and bequeath all the messuages lands and hereditaments which have come to or descended to me by the death of my said Brother unto my Brother Henry Milner now a Colonel in Her Majesty’s 94th Regiment of Foot Soldiers
To hold to my said Brother Henry his heirs and assigns for ever subject nevertheless and I do hereby charge and make chargeable thereout
to my dear wife Frances Sarah one clear annuity or yearly rent charge to be issuing and payable out of the same Estates of six hundred pounds yearly * and every year during her natural life to be paid to her by four equal quarterly payments the first payment to commence and be made on the next quarterly day on which rents are usually paid which shall happen next after my decease
And I do hereby will and declare that in case the said annuity shall become in arrear my said wife shall (in addition to any remedy at Law or in Equity which my said Wife shall have or be entitled to) have the same remedy by distress as Landlords now have on leases or by common demise

And I declare that the provision I have had by made for my said Wife shall be for her sole and separate use and benefit and be free from the debts control or engagements of any husband she may happen to have and that her receipts alone notwithstanding coverture shall be good and effectual discharges for any payments of the said annuity to be made to her

and from and after the decease of my said dear wife in case her Sister Eliza Tylden Pattenson who now lives with us should happen to survive her I give and bequeath into the said Eliza Tylden Pattenson one clear annuity or yearly sum of two hundred pounds * to be issuing and payable out of the before mentioned estates to which I have become entitled as aforesaid And I hereby charge the same with the payment thereof accordingly

And I declare that such last mentioned annuity shall commence at the decease of my said wife and shall be payable by four quarterly payments the first quarterly payment commence and be made on the quarter day next after my wifes decease and shall continue during the natural life of the said Eliza Tylden Pattenson and shall be for her sole and separate use and benefit and be from the debts control or engagements of any husband she may happen to have and her receipts for all payments to her to be effectual (discharges) notwithstanding coverture And I do hereby declare that she shall have similar remedies for recovery of all arrears as are hereinbefore given to my said Wife

And I appoint my Brother in law Cooke Tylden Pattenson of Horden [near Maidstone] in the County of Kent Esquire joint Executor with my said Wife of my said Will and this Codicil which I direct shall be added to and taken as part of my said Will which Will I hereby confirm in all respects

In Witness whereof I have hereunto set my hand and seal this third day of October one thousand eight hundred and forty six
J. Milner

Signed and sealed by the Testator John Milner as a Codicil to his last Will and Testament in the presence of us who in his presence and in the presence of each other have hereunto subscribed our names as Witnesses
Chas. Chisholm Rector of Southchurch Essex - George Wood Solr. Rochford Essex

Appeared Personally James Sarel and Thomas Evans both of No. 5 James Street Brightholmestone in the County of Sussex Assistant Chemists & Druggists & made oath that they are the subscribed Witnesses to a Codicil to the last Will and Testament of John Milner formerly of Preston Hall in the parish of Aylesford in the County of Kent afterwards of the Town and Port of Dover in the same County but late of Arundel Terrace in the Town of Brightholmestone aforesaid Esquire deceased the said Codicil being now hereunto annexed & dated & beginning thus
“Brighton Feby. 1846 : In alteration of my Will made a few years ago” and ending thus “the Cockatto to Eliza and my Gold Shirt Pin to Colr. Griffiths” & thus subscribed J. Milner

& the said James Sarel for himself sayeth that on the occasion of the attestation of the said Codicil the said deceased called at the Shop in which he this deponant is & then was assistant & producing a paper (being the very Codicil now hereunto annexed) informed him that it was a Codicil to his Will & requested him to Witness his Signature thereto & further asked him if there was another person who could also Witness the said Codicil That this deponant thereupon looking at the said Codicil observed the signature of the said deceased to wit J. Milner at the foot or and thereof & then called Thomas Evans from a distant part of the said Shop and while the said Thomas Evans was walking towards this Deponant he wrote the words “Signed in the presence “ & “Witness” appearing at the foot of the said Codicil and he further saith that as soon as the said Thomas Evans approached he this deponant signed his name on the said Codicil under the word “Witness” in the presence of the said deceased & of the said Thomas Evans the other attesting witness & that the said Thomas Evans thereupon signed his name in the presence of the said deceased and of this deponant in manner as now appears on the said Codicil

And these deponants jointly and severally further say that the said deceased did not sign his name to the said paper in their presence or say that he had signed his name to the said paper in their presence or say that he had signed his name thereon or speak of his signature thereto except as aforesaid But these deponants jointly and severall say that though the said deceased did not sign his name to the said Codicil in their presence that observed that his name was written thereon at the time they so signed their names as aforesaid
And the said James Sarel referring to the date appearing on the said Codicil to wit “Feby 46” for himself sayeth that the said Codicil was so attested by himself and his fellow deponant as aforesaid on the nineteenth day of May one thousand eight hundred & forty six & not in any day of the said Month of February & that he well remembers sending out certain medical preparations from the said Shop on the same day that he attested the said Will & that he made entries thereof in the day book kept for that purpose in the said Shop which entries he had recently referred to and has thereby assured himself that the said Will was attested by him on the said nineteenth day of May

And the said Thomas Evans for himself saith that he signed his name to the said Codicil in manner as deposed to by his fellow deponant but that the said deceased did not acknowledge the same to be a Codicil to his will or acknowledge his signature thereto to this deponant or say anything whatsoever in his hearing & also referring to the said date of the said Codicil he lastly saith that he has no reason to doubt as deposed by his fellow deponant that the said Codicil was so attested as aforesaid on the said nineteenth day of May one thousand eight hundred and forty six but that he cannot recollect precisely when the same was so attested though he verily believes the same must have been done subsequently to the Month of February in the said year
James Sarel Thomas Evans
On the sixth day of February 1847 the said James Sarel & Thomas Evans were duly sworn to the truth of this affidavit by virtue of the annexed Commission before me H.M. Wagner Vicar of Brighton in the County of Sussex and Commissioner.

Appeared Personally Edmund Kingsford of Folkestone in the County of Kent Writing Clerk and made oath that he is one of the subscribed witnesses to the last Will and Testament (with two Codicils thereto) of John Milner formerly of Preston Hall in the Parish of Aylesford in the County of Kent then of the Town and Port of Dover in the same County but late of Arundel Terrace Brighton in the County of Sussex Esquire deceased bearing date the twenty eight day of August 1838 and now hereunto annexed and he further made oath that on the 28th day of August aforesaid the said Testator duly executed his said Will by signing his name at the foot or and thereof in the presence of this deponant and of Ralph Thomas Brockman and Robert Marshall Chainney the other subscribed Witnesses thereto all of whom were present at the same time and this deponant and the said Ralph Thomas Brockman and Robert Marshall Chainney thereupon attested and sssssubscribed the said Will in the presence of the said Testator
Edmd. Kingsford
On the 13th day of May 1847 the said Edmund Kingsford was duly sworn to the truth of this affidavit by virtue of the annexed Commission Before me Thos. Pearce Minister of the Parish of Folkestone in Kent, Commissioner.

Proved at London with two Codicils 14th May 1847 before the Judge by the Oaths of Frances Sarah Milner (in the Will written Frances Sarah Tyleden Pattenson) Widow the Relict the Executor named in the Will and Cooke Tylden Pattenson (in the first Codicil written Cooke Pattenson) Esquire the Executor named in the said first Codicil to whom Admon. was granted having been first sworn by Comon [Commission] duly to Administer.

Notes:
* £600 yearly = approximates £67,000 a year today [Bank of England Inflation Calculator.]
£200 yearly = £22,300 a year today.

Transcribed by Mrs. Shelagh Mason, 30th May 2020

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