Yeovil's Virtual Museum

1820 will of Thomas POTTER MILLES

Esquire

 

This is the last Will and Testament of me Thomas Potter Milles of Yeovill in the County of Somerset Esquire I give and bequeath to my wife Elizabeth Milles All the ready money I may have in my possession or in the possession of any Banker or Bankers or other person or persons and all the debts which may be due and owing to me on bond note or otherwise at the time of my decease to and for her own absolute use and benefit I also give and bequeath to my said wife All the diamonds which were hers before my marriage or which are now hers and also all my household goods and furniture wines and other liquors and all my horses carriages harness bridles saddles hay and corn and to and for her own absolute use and benefit I give and bequeath to my said wife for her life all the rest and residue of my personal estate goods chattels and effects except such as I may be entitled to under settlement made on the marriage of my father and mother and from and immediately after her decease I give and bequeath All my goods plate linen and books to my eldest son and all the rest of my said personal estate goods chattels and effects except such as I may be entitled to under the said settlement as aforesaid I give and bequeath to my child or children living at the time of my decease or born in due time afterwards to be divided equally between them if sons only and if but one child then I give and bequeath the same to such child but if I should have a daughter or daughters or should have a daughter or daughters born in due time after my decease then I direct that the same personal estate's goods chattels and effects (except as aforesaid) shall immediately after my said wife's decease be divided and paid as follows that is to say two third parts thereof to my son if only one son or to my sons if more than one equally to be divided between them upon his or their attaining the age of twenty one years and the remaining third part to my daughter if only one or to my daughters if more than one equally to be divided between them on her all their attaining the said age or day or days of marriage provided always that in case all my children shall die in the lifetime of my said wife then I do hereby give and bequeath my said personal estate goods chattels and effects (except as aforesaid) and except the diamonds head ornament and earrings which were mined before my marriage unto my said wife her executors administrators and assigns absolutely to and for her and their own use and benefit and the said diamond head ornament and ear rings I give unto my brother hereinafter named provided always that in case my said wife shall depart this life before my child or children shall attain his or their age or ages of twenty one years then it is my Will and I do hereby direct that the residue of my said personal estate goods chattels and effects so give to my said wife for her life only (except such as I may be entitled unto as aforesaid under my fathers and mothers settlement) shall be vested in Thomas Tringham Smith of Bolton Street London Esquire and George Harbin of Newton house in the parish of Yeovil aforesaid Esquire their executors administrators and assigns and I accordingly give and bequeath the same to them In Trust for my child or children in the proportions and in manner aforesaid And as to the personal estate goods chattels and effects which I may be entitled to under the said settlement I give and bequeath the same and every part thereof to the said Thomas Tringham Smith and and George Harbin at their executors administrators and assigns Upon trust for my said wife for her life and from and immediately after her decease Upon trust for all and every of my children if more than one to be equally divided between them and if but one then to such one only to be paid and assigned to them on their respectively attaining the said age of twenty one years And I hereby authorise and empower the said Thomas Tringham Smith and George Harbin and the survivor of them and the executors and administrators of such survivor with the consent and approbation of my said wife if living and if dead of their or his own authority to pay or apply any part of the share or shares of my said children or of any or either of them of and in the said personal estate goods chattels and effects which I may be entitled to as aforesaid under the said settlement or any part of the residue of my said personal estate goods chattels and effects so given to my said wife for her life only as aforesaid [Margin note: interlined in the original] for the putting or placing him her or them to or in any business profession or employment or otherwise for his her all their preferment or advancements in the world notwithstanding the part or share or parts or shares of his her or them shall not then have become payable or a vested interest or vested interests provided always and I do hereby declare and direct that it shall be lawful for the said Thomas Tringham Smith and George Harbin or the survivor of them his executors or administrators at any time and from time to time which and as often as they shall think it expedient or advisable with the consent and approbation of my said wife if living testified by some writing signed by her own hand and after her decease then of the proper authority of such trustees or the survivor of them his executors or administrators to sell transfer and dispose of or vary all or any of the funds or securities whereupon the said trust monies shall be laid out or invested and to lay out and invest the money to arise by such sale or transfer or disposition in the purchase of other or the same or like stocks or funds or in or upon other government or real security is in the joint names of them the said Thomas Tringham Smith and George Harbin or the survivor of them his executors or administrators And all such now or other stocks funds or securities as aforesaid shall stand and be in the names of such trustees and the interest dividends and annual produce thereof and of every part thereof shall be applicable and applied upon and for such and the same trusts [word illegible] intents and purposes as the original funds and securities and the dividends and interest thereof [word illegible] subject to and applicable at the time of such sale and disposition or variants thereof provided also & it is my Will that in case there shall be no child of mine or issue of any child of mine living at the time of the decease of my said wife or being such if every of them being [word illegible] or sons shall depart this life under the age of twenty one years without having lawful issue or being a daughter or daughters shall depart this life under the age of twenty-one years and unmarried then I do hereby will and to direct that they the said Thomas Tringham Smith and George Harbin and the survivor of them his executors and administrators shall stand possessed as well of such part of the said trust premises respectively which I may be entitled to as aforesaid under the said settlement as aforesaid as shall not be sold or disposed of as also of the monies arising by the sale or sales of such parts thereof if any as shall have been so sold and the funds and securities upon which the same shall be invested In trust for my brother William Hickes Milles his executors adm[inistrat]ors and assigns and to be paid and assigned accordingly All the rest and residue and remainder of my personal estate goods chattels & effects whatsoever and wheresoever I give and bequeath to my said wife her executors administrators and assigns absolutely and I appoint her my said wife whole and sole Executrix of this my last Will and Testament And lastly I do hereby direct and declare that the said Thomas Tringham Smith and George Harbin and each of them their and each of their executors administrators and assigns shall be charged and chargeable only for such monies as they shall respectively actually received that they shall not be answerable or accountable for each other but each for his accounts receipts neglects and defaults respectively and that they shall not nor shall either of them be answerable or accountable for any loss that may happen to the said trust monies or premises unless such loss happen by or through his or their own wilful default respectively and then and in that case such person or persons respectively shall single in and alone be answerable for such loss as shall arise from his or their own act or default and that it shall be lawful for them the said Thomas Tringham Smith and George Harbin and each of them their and each of their executors adm[inistrat]ors & assigns by and out of the said trust monies and premises which shall come to their respective hands to deduct and retain to and reimburse himself and themselves respectively all such costs charges damages and expenses as they or either of them shall on may suffer sustain explained disburse layouts the acts or be put unto in or about the execution of the trusts aforesaid or in relation thereto In witness whereof I the said Thomas Potter Milles have to this my Will contained in three sheets of paper subscribed my name to the first sheets and have subscribe and set my hand and seal to this third and last sheet this seventeenth day of January in the year of our Lord One thousand eight hundred and twenty-nine

Tho[ma]s Potter Milles

Signed sealed published and declared by the said testator Thomas Potter Mills as and for his last Will and Testament in the presence of us who at his request in his presents and in the presence of each other have hereunto subscribed our names as witnesses the interlineation in the second sheet been first made

Robert Phelips     WL White

 

Whereas my Father on leaving England in December the [word illegible] 1822 in consideration of my love & affection did sign a Deed of gift making over to me the whole of his property I therefore wish my Executrix to understand that I have set aside the interest arising from the £1875 Bank stock £2000 [word illegible] annuities & £296 the [word illegible] for the mutual support of my parents for their lives At their decease the principal to be divided according to the marriage settlement of my father & mother in equal moieties that is one moiety to my brother William Hickes Milles his heirs administrators & assigns Also that the £2000 now on mortgage to Mr Winter of St James Street London & of which sum he has given notice to pay off in six months from last Sept[embe]r & the said sum of £2000 to be purchased into 4 per cents of 1826 the interest of which is to go towards the support of my father for his life & at his death the principal and interest to revert to my heirs administrators & assigns I also hold to policies on the life of my father in the Equitable assurance Office the annual interest due for than it is to be charged to the money appropriated for my parents use The money arising from the policies which will fall to me my heirs administrators & assigns to be subject to the charge of my father's funeral expenses & just debts & after this is paid should the residue amount to more than £2500 then £500 to be paid to my mother Mrs Susan Milles & in case of her prior decease then the £500 to be paid to my brother William Hicks Milles his heirs administrators & assigns And whereas my Executrix will find I have two hundred p[e]r ann[um] [word illegible] and annuities standing in my name the interest of which is now carried to the account of my mother Mrs Susan Milles I declare that only one moiety belongs to me charged with the interest of one hundred p[e]r ann[um] to be paid to my mother for her life & the other moiety principal & interest to be disposed of by my Executrix agreeable to the full meaning & extent of the Will of my mother Mrs Susan Milles the interest of both moieties being continued to her for her natural life Given under my hand & seal this nineteenth day of February in the year of our Lord One thousand eight hundred and twenty nine

TP Milles

Witnessed

Rhoda Edward       Harbin Harbin  

 

Proved at London with a Cod[ici]l 19 March 1829 before the Judge by the oath of Elizabeth Milles Widow the relict the sole Executrix to whom Adm[inistrati]on was granted having been first sworn by Com[missi]on duly to administer

 

 

Transcribed by Bob Osborn