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Will transcribed by Janet Meads 2016
The Will of James Miller,
Gentleman - 1875

WILL OF JAMES MILLER GENTLEMAN 4TH JUNE 1875

This is the last Will and Testament of me James Miller of Burton Latimer in the County of Northampton Gentleman. I appoint my friends William Woolston of Wellingboro’ in the said County of Northampton gentleman and Frederick Gravely of the same place Draper Executors and Trustees of this my Will. And I bequeath to each of them the said William Woolston and Frederic Gravely the sum of Five pounds in consideration of the trouble they will have in executing the trusts of this my Will. I bequeath to each of my three Nieces  Jemima Hilton the widow of Thomas Hilton late of Wellingboro’ aforesaid Shoemaker deceased, Jane Warner the Wife of Thomas Warner of Finedon in the said County of Northampton Shoemaker and Rebecca Sturges the Wife James Sturges of Great Doddington in the said County of Northampton Labourer the sum of Five pounds. I bequeath all my wearing apparel unto the said Thomas Warner absolutely. I give and bequeath all my household goods furniture and implements  of household books plate linen china and glass And also all my ready money securities for money and credits And all other my personal estate and effects whatsoever and wheresoever not hereinbefore otherwise disposed of Unto my daughter Emma Jane Miller who now resides with me and is aged twenty years or thereabouts absolutely She paying thereout my funeral and testamentary expenses and just debts and the several pecuniary legacies hereinbefore bequeathed. I give and devise all my real estates whatsoever and wheresoever (except estes vested in me as a Trustee or Mortgagee)Unto the said Wm Woolston and Frederic Gravely their heirs & assigns In trust during the life of Jane Patrick of Burton Lattimer aforesaid Widow in the discretion of my Trustees or Trustee to let for any term or terms not exceeding seven years And to repair drain improve and manage the same to pay all expenses & reasonable outgoings And to adjust and settle accounts with any tenant or tenants And to pay or apply out of the clear income arising therefrom the same of One pound per week to or for the benefit of the said Emma Jane Miller And to invest & accumulate any surplus of such income And to hold such accumulations In trust for the said Emma Jane Miller absolutely if she shall survive the said Jane Patrick and I declare that if the said Emma Jane Miller should predecease The said Jane Patrick Then and in such case the surplus of the income of my said real estates & all accumulations thereof shall go to and be In trust for the child or children of the said Emma Jane Miller then living as shall then have attained or shall thereafter attain the age of twenty one years of such (if any) her child or children then dead leaving issue such children and issue (if more than one) to take in equal shares as Tenants in common. But so that the issue of any such deceased child or children shall take by way of substitution the share only which his her or her parent would if living have taken. But if there should be no child or other issue of the said Emma Jane Miller who should attain the age of twenty one years Then In trust for such of my said three nieces the said Jemima Hilton, Jane Warner and Rebecca Sturges as shall be living at the failure of the proceeding trusts in favour of the child or children of the said Emma Jane Miller my said nieces to take more than one in equal shares. And subject to the uses and trusts aforesaid from immediately after the decease of the said Jane Patrick I give and devise all my said real estates (except as aforesaid) Unto the said Emma Jane Miller her heirs and assigns for ever for her separate and inalienable use and free from the power or control of any husband with whom she may intermarry. But if the said Emma Jane Miller should die in the lifetime of the said Jane Patrick Then I bequeath to the said Jane Patrick during her life an annuity of fifteen pounds and twelve shillings to be paid monthly on the first day of every calendar month with a proportional part in respect of such Annuity and proportional part to be charged upon my said real estates And to be recoverable by the said Jane Patrick whenever the same shall be in arrear for twenty one days with all intermediately accrued arrears And all costs by distress or by entry upon and receipt of the rents and profits of all or any part of the said real estates the possession under any such entry to be without impeachment of waste the first payment of the said annuity to become payable on the first of the said monthly days of payment which shall happen after the decease of the said Emma Jane Miller And subject to and charged with the said Annuity and to the powers hereinbefore given for recovering the same I direct my said Trustees or Trustee to stand possessed of my said real estates In trust for the surviving husband (if any) of the said Emma Jane Miller during his life And subject thereto In trust for the child or children of the said Emma Jane miller then living as shall then have attained or shall thereafter attain the age of twenty one years of such (of any) her child or children then dead leaving issue leaving issue such children & issue (if more than one) to take in equal shares as tenants in common. But so that the issue of any such deceased child or children shall take by way of substitution the share only which his her or their parent would if living have taken. And in case the said Emma Jane Miller should not marry or if there be no such child or issue of her marriage  Then In trust for my said three nieces the said Jemima Hilton, Jane Warner and Rebecca Sturges their heirs and assigns for ever as joint tenants And I empower my Trustees or Trustee for the time being to apply all or any part of the income of my said real estates after the death of the said Emma Jane Miller or any share therein to which any object of the preceeding trusts may for the time being be actually or presumptively entitled being a minor and if a female not under coverture in or towards his or her benefit with or without reference to the ability of his or her parents (if any) to maintain him or her or promote his or her benefit. And I direct that the surplus of such income shall be accumulated by such investments as my said Trustees or Trustee for the time being shall think fit such accumulations. I direct shall go in or augmentation of the share from such the same shall have proceeded and be in like manner applicable for all purposes. And I direct that the tenant for life of my said real estates shall during his estate keep the buildings in good and substantial repair And insured in the names or name of my said Trustees or Trustee in some respectable Office or Offices of Insurance against damage by fire to the full value thereof. And that the monies be received under every such Insurance shall be applied in reinstating the property in respect whereof the same shall become payable And that if any such person should neglect to effect such repairs as aforesaid within six calendar months after being thereunto requested in writing by my said Trustees or Trustee or to effect or keep on foot such insurance or to produce to my said Trustees or Trustee upon demand the receipt for each premium thereon within fourteen after the same shall have first become payable it shall be lawful for (but not incumbent on) my said   Trustees or Trustee out of any trust monies in their or his hands to effect such repairs and to keep on foot such insurance and to deduct the expenses thereof with into thereon after the rate of Five pounds per cent per annum from any monies which shall then or afterwards be payable to such person or to recover such expenses and ……… with all costs incidental to the recovery thereof by distress or entry upon and perception of the rents and profits of any hereditaments to which such person shall be entitled for any estate or ……….. I devise and bequeath all such estates as are or shall be vested in me as a Trustee or Mortgagee with their appurtenances Unto and to the use of the said Wm Woolston and Frederic Gravely their heirs executors administrators and assigns according to the nature and tenure thereof respectively subject to the equities affecting the same respectively. Provided Always and I do hereby declare and direct that in case the said Wm Woolston and Frederic Gravely or either of them or any future Trustees or Trustee of this my Will shall die or decline or become unable or unwilling to act in or having acted shall be desirous of being discharged from the trusts of this my Will before the same shall be fully executed and performed Then and in every such case and so often as the same shall happen it shall be lawful for the surviving or continuing Trustees or Trustee for the time being of this my Will (and for this purpose a renouncing or retiring Trustee shall if capable and willing be deemed a continuing Trustee) or for the executors or administrators of the last surviving Trustees to nominate and appoint any fit person or persons to supply the places or place of the Trustee or Trustees so dying or declining or becoming unable or unwilling to act or desirous of being discharged as aforesaid. And upon every or any such appointment the number of Trustees may from time to time be augmented And upon or immediately after any such appointment All and singular the trust estate and premises shall be conveyed and transferred at the expense of the trust estate so that the same may be vested in such new Trustees or Trustee (either solely or jointly with the surviving or continuing Trustees or Trustee as the case my require) his her or their heirs executors administrators & assigns Upon such of the trusts hereinbefore declared as shall be then subsisting and capable of taking effect and every such new Trustee shall (as well before as after such conveyance or transfer) have the same powers and authorities as if he had been by name originally applied a trustee of this my Will. Provided also and I further declare that each Trustee of this my Will shall be chargeable only with such monies as he shall actually receive by virtue of the trusts aforesaid notwithstanding his joining in any receipt for the sake of conformity And that any one or more of the said Trustees shall not be answerable for the acts receipts neglects or defaults of the other or others of them nor for involuntary losses And also that it shall be lawful for every such Trustee to reimburse himself out of the monies which shall come to his hands by virtue of the trusts aforesaid. And also to allow his Co-trustee or Co-trustees all costs and expenses and fees to Counsel for advice which he or they shall incur or be put unto in the execution of the aforesaid trusts or in relation thereto. And lastly I hereby revoke all Wilsl by me at any time heretofore made and declare this only to be and contain my true last Will and Testament In whereof I the said James Miller have to this my last Will and Testament contained in this and the four preceeding sheets of paper set my hand this twenty fourth day of June One thousand eight hundred and seventy five

James Miller

Signed and acknowledged by the above named James Miller as and for his last Will and Testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses

Jno. Sanders

Henry Archer

Clerk to Mr. M. Reid Sharman Solc. Wellingborough

Testator died 14 October 1877 Will proved at Peterborough by both executors 3rd November 1877

                                        Effects sworn under £300



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