Wills (ERO D/ACR 21/817 Joseph Milnes 1838 1844)

26.1.1838 (Thursday 26 January 1838)

document 93000965

I Joseph Milnes of Earls Colne in the county of Essex innkeeper hereby revoking all former wills by me made do declare this only to be my last will and testament first I do nominate and appoint Oliver Johnson of Earls Colne aforesaid gentleman to be executor and trustee of this my will I direct that all my just debts and funeral and testamentary expenses to be paid and discharged as soon as conveniently may be after my decease and request that my funeral be conducted with as little expense as consistently can be I direct that the business in which I am now engaged shall be carried on under the direction of my said executor and trustee by my said wife and such of my children as may be residing with her for such time not exceeding three calendar months from the time of my decease as my said executor and trustee shall think proper and at the expiration of the said three calendar months or sooner I direct the same to be put off and disposed of in such way and manner as he shall in his discretion consider most advantageous to my estate I give to my said executor and trustee a discretionary power and authority either to allow my wife Eliz Milnes at the time of putting off the same business to take such articles of my household furniture as he may consider sufficient to furnish a house or apartment suitable for her own residence only independently of any of my children or to allow her out of the general fund of my estate and effects a sum of money sufficient to purchase articles of furniture to the like extent in either of which case I give to my said wife the use only of such articles of furniture during her life and direct that an inventory thereof shall be taken and signed by her and after her decease I direct the same to be sold and the clear money arising from such sale INSERTED to the trust fund which will at that time be dividable amongst my children as hereinafter mentioned I give and devise unto the said Oliver Johnson all that my freehold messuage tenement or inn called The White Lion with the yards gardens brewhouse outhouses stables and premises with the appurtenances thereto belonging situate in Earls Colne aforesaid and now in my own occupation to hold the same unto the said Oliver Johnson and his heirs upon trust that he or they shall and do either as soon as conveniently may be after the decease of my said wife or at any time during her life as he or they shall in their or his absolute discretion think proper sell and absolutely dispose of the said messuage or tenement and premises with the appurtenances and the fee simple and inheritance thereof either by public auction or private contract or partly by public auction and partly by private contract and either together or in lots to any person or persons whomsoever for the best price or prices that can be reasonably gotten for the same and the monies arising from such sale or sales and the rents and profits of the said premises until sold after all charges and expenses thereout deducted I direct shall be placed to the credit of my personal estate and be disposed of therewith as hereinafter is mentioned and I do hereby declare that the receipt and receipts of my said trustee or his heirs under his or their hand or hands shall be good sufficient discharge and discharges to the purchaser or purchasers of the said messuage or tenement and premises herein before devised to be sold and to his her and their heirs executors administrators and assigns for so much of such purchase money or monies as shall be therein expressed to be received and that after obtaining such receipt or receipts such purchaser or purchasers shall in no wise be bound or obliged to see to the application of such purchase money or monies or be answerable or accountable for any loss or misapplication or nonapplication thereof or of any part thereof and I give and bequeath unto the said Oliver Johnson his executors and administrators all my household goods and furniture plate linen china and glass brewing utensils stock in trade book debts ready money and securities and all other my personal estate and effects whatsoever and wheresoever upon trust subject to the before mentioned direction as to carrying on any business and the discretionary provision in furniture for my said wife to collect in such parts of my said personal estate and effects as may be outstanding and sell and dispose of such parts thereof as shall not consist of money so as to convert the whole thereof into money and to lay out and invest the same together with the monies arising from sale of my said real estate herein before devised to be sold in his or their name or names upon government or real securities and vary such securities at his or their discretion and stand possessed of the same upon trust to pay the interest and dividends thereof as the same shall become payable and the rents and profits of the s aid real estate until the same shall be sold as herein before directed unto her my said wife Eliz Milnes during the term of her natural life for her own absolute use independently of any husband with whom she may hereafter intermarry or his control debts or engagements and for which her receipt alone notwithstanding any such second coverture shall be a good and sufficient discharge to my said trustee his heirs executors or administrators and immediately after the decease of my said wife upon trust to pay and divide all the said trust monies stocks funds and securities and all interest and dividends then due thereon upon and equally amongst my children Ann Mary Milnes Eliza Milnes Alice Milnes Barbara the wife of Wm Drew Benj Geo Milnes and Geo Milnes share and share alike for and their own disposal with benefit of survivorship between them my said children to the exclusion of my eldest son Jas Milnes for whom I have in my lifetime provided in business in case any or either of them shall happen to die without leaving lawful issue and in case any or either of them my said children shall die in the lifetime of my said wife or after her decease before division of the said trust monies as aforesaid leaving lawful issue then upon trust to pay and divide the part or share parts or shares of such of them as shall so die as last aforesaid unto and between such their issue in equal shares at his her or their age or respective ages of twenty-one years and the dividends and interest of each child's share to be in the meantime either funded to accumulate or applies for his or her benefit as my said trustee his heirs executors of administrators shall in his or their discretion think proper and lastly I do hereby will and declare that my said trustee and executor shall be chargeable only for such monies and effects as he shall actually receive by virtue of this my will or the trusts thereof and that he shall not be answerable or accountable for any loss happening to the said trust property or any part thereof so as the same happen without his wilful default or neglect and also that it shall be lawful for him on all occasions to reimburse himself out of the said trust property and monies which shall come to his hands all such costs dam ages and expenses as he shall sustain or be put unto in or about the execution of this my will or any of the trusts hereby in them reposed in witness whereof I have to this my last will and testament set my hand and seal this 26.1.1838 Joseph Milnes signed sealed published and declared by the said Joseph Milnes the testator as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses Matts Gardner builder Coggeshall Thos Sadler solicitor Coggeshall