First I give and devise unto Thomas Miller of Hunton aforesaid, Yeoman, and my Son John Day, All that my Messuage or Tenement, Buildings, Farm, Lands, Hereditaments and Premises situate, lying and being in the Parish of Marden, in the said County of Kent, and now in the Tenure or Occupation of my said Son John Day, his Assigns or Undertenants, with all and singular the Appurtenances, To hold the same unto and to the use of the said Thomas Miller and John Day, their Heirs and Assigns for ever, Upon the Trusts and to the Uses, intents and Purposes hereinafter mentioned, (that is to say),
Upon Trust that they, the said Thomas Miller and John Day and their Heirs shall and do pay and apply the clear rents, issues and profits thereof, after payment of Taxes and necessary repairs, for and towards the maintenance and education of Mary Martin, aged about eight years, (a natural Child of my late Daughter Mary Day deceased), and who now lives with me, for and during and until she shall attain the age of twenty one years,
And when and so soon as the said Mary Martin shall have attained the said age of twenty
Then upon Trust that they, the said Thomas Miller and John Day, or the Survivor of them,
or the Heirs of such Survivor, shall and do forthwith sell and dispose of the said Messuage, Farm
and Lands for the most Money that can or may be had or gotten for the same,
And shall and do, within three months next after the said Mary Martin shall have attained her said age of twenty one Years, pay, dispose of and divide the Monies arising from Sale of the said premises unto, between and amongst my three Sons, John Day, William Day and Thomas Day, my Daughter Deborah the Wife of the said Thomas Miller, and the said Mary Martin in equal parts, shares and proportions.
And my Will is that in case any or either of them, my said Children, shall happen to die before the said Mary Martin shall arrive to her said Age of twenty one years, and before the said monies shall have become due and payable, then that the Part or Share, Parts or Shares, of him, her or them so dying as aforesaid shall be paid to his, her or their legal Representatives, and that the receipt or receipts of the said Thomas Miller and John Day, or the Survivor of them, or his Heirs, shall be a sufficient Discharge or Discharges to the Purchasor or Purchasors for the Money arising by the Sale of the said Premises, And that such Purchasor or Purchasors shall not be answerable or accountable for the misapplication or nonapplication of the said Purchase money, or any Part thereof,
And in case the said Mary Martin shall happen to die before she shall have attained her said Age of twenty one years, Then I do hereby give and devise the said Messuage, Lands and Hereditaments unto and to the use of my said three Sons, John Day, William Day and Thomas Day, and my said Daughter Deborah, the wife of the said Thomas Miller, their Heirs and Assigns for ever, equally to be divided between them, share and share alike, as Tenants in common and not as Joint tenants,
And it is my will, and I do direct, that the said Mary Martin shall have and take all her late Motherís cloaths and apparel, and all other the goods, effects and things of her said late Mother now in my possession, to be delivered to her at her said age of twenty one years.
And whereas the said Thomas Miller now stands indebted to me on Bond in the sum of
One hundred and twenty Pounds, now I do hereby give and bequeath the said Sum of One
hundred and twenty Pounds unto my four Grandchildren, James Day, Mary Day, Elizabeth Day
and Easter Day, the four children of my late son James Day deceased, to be equally divided
between them, share and share alike, and to be paid, assigned and transferred unto them
respectively when and as they shall severally attain the age of twenty one years,
and in case of the death of any or either of my said four Grandchildren before they shall respectively attain the Age of twenty one Years, Then I do hereby give and bequeath the share and shares of him, her or them so dying unto my Son Thomas Day, his Executors and Administrators absolutely,
And it is my Will, and I do hereby direct, that the Interest of the said Sum of One hundred and twenty Pounds shall be paid and applied for and towards the maintenance and education, or otherwise for the benefit and advantage, of my said Granddaughter Mary Day, who now lives with the said Thomas Miller, during the respective Minorities of my said four Grandchildren, in such manner as to the said Thomas Miller, his Executors or Administrators, shall seem most proper or expedient.
Also I give and bequeath unto the said Thomas Miller and John Day, their Executors and Administrators, all the rest, residue and remainder of my Goods, Chattels, Monies, Securities for Money, Farming Utensils, Live and dead Stock, Chattels, Effects and Personal Estate of what Nature or kind soever that I shall die possessed of, interested in or intitled unto, Upon Trust that they, the said Thomas Miller and John Day, their Executors or Administrators, shall and do, as soon as conveniently may be after my decease, sell and convert into Money all such Part and Parts of my said Personal Estate not consisting of monies or securities for Money, and call, receive and get in all such Part and Parts thereof consisting of Monies or Securities for Money, or otherwise at their discretion continue such Part or Parts consisting of Securities for Money at Interest upon the same Securities, and shall thereupon lend or place out the monies arising from such Sale and to be called, received and got in as aforesaid (after and subject to the Payment of my Debts, Funeral Expences, the Costs of proving this my Will, and other incidental Charges in and upon some one or more of the Government Securities or Parliamentary Stocks or Funds of this Kingdom at Interest,
And do and shall stand possessed thereof Upon Trust to pay and apply the Interest,
Dividends and Proceed thereof, as the same shall from time to time become due and payable, for
and towards the maintenance and education of James Day, Mary Day, Elizabeth Day and Easter Day,
the four children of my said son James Day deceased, until Easter Day my youngest
Granddaughter shall attain her age of twenty one Years,
And when she shall have attained her said Age of twenty one years, Then I do hereby give and bequeath the said Trust Monies, and every Part thereof, unto the said Thomas Miller and my said Son John Day, in equal Parts, shares and proportions, and to their respective Executors, Administrators and Assigns absolutely.
And I do hereby nominate, constitute and appoint the said Thomas Miller and John Day
joint Executors of this my last Will and Testament, and also Guardians of the Persons and Estates
of the said Mary Martin and my said four Grandchildren James Day, Mary Day, Elizabeth Day
and Easter Day, during their respective Minorities,
Provided always that the said Thomas Miller and John Day, their respective Executors, Administrators and Assigns, shall be chargeable only for their respective Acts, Receipts, Neglects and Defaults in the execution of the aforesaid Trusts, and shall be at Liberty to deduct and retain their respective Costs, Charges and Expences to be occasioned by means of the said Trusts and in relation thereto.
And I do hereby revoke all former Wills by me made, and declare this only to be my last
Will and Testament.
In Witness whereof I, the said John Day, the Testator, have to this my last Will and Testament, contained in three Sheets of Paper, set my Hand and Seal, (to wit), my Hand to the bottom of the two preceeding Sheets, and my Hand and Seal to this third and last Sheet, this twentieth day of September in the Year of our Lorde one thousand seven hundred and Eighty three.
The Mark and Seal of John Day
Signed, Sealed, Published and Declared by the said John Day, the Testator, as and for his 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.
Stephen Read - Daniel Dance - Geo. Burt
8 Octr 1783
Thomas Miller and John Day the Son and the Executors within named were duly sworn, and also that the Effects of the deceased do not amount in Value to the sum of six hundred Pounds,
Before me, John Fisher, Surrogate
Tho. Skeffington Jun., Cl[er]k to Mr Altham
The Testator died Last Month.
This Will was proved on the fourth day of October in the Year of our Lord one thousand seven hundred and eighty three, before me, the worshipful John Fisher, Doctor of Laws, and Surrogate, by the Oaths of Thomas Miller, and John Day the Son of the said deceased, and Executors named in the said will, whereupon adm[inistrati]on was granted, they having been first sworn duly to administer.
Will of John Day