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Will of Elizabeth Gillbee

of Milton next Gravesend, Kent


Source: PCC
Transcribed by Margaret Galt
This is the last Will and Testament of me Elizabeth Gillbee of Milton next Gravesend in the County of Kent widow.
ffirst I give and devise all that my messuage or tenement wherein I now reside situate in the Terrace in Milton next Gravesend aforesaid unto my daughter Mary Tadman and my sons Nicholas Gillbee and James Gillbee their heirs and assigns upon trust to sell , ?? or dispose of the same and to apply the monies arising form such sale in manner hereafter directed But it is my wish that before they shall make sale thereof to any indifferent person my said daughter Mary and my said sons Nicholas and James (not withstanding their situation of trustees) shall respectively in succession have the option of becoming the purchaser thereof at the sum of six hundred pounds

also I give and bequeath unto my said daughter Mary Tadman all my wearing apparel of every description whatsoever
also I give and bequeath unto my youngest son John Clarabut Gillbee the sum of ten punds of lawful money of Great Britain
also I give and bequeath a like sum of ten pounds to my son in law Henry Meriton
also I give and bequeath the sum of fifty pounds of like money to my great grandchild Henry Pollart/Pollatt(?)
and to my servant Eleanor Bird the sum of twenty pounds

and from and after the payment of my just debts funeral charges the costs of proving this my will and the incident expenses attending to the execution thereof) I give and bequeath all the rest and residue of my ready money securities for money monies in the public stocks or Funds debts plate linen china books (crossed out) goods chattels rights credits estate and effects whatsoever and wheresoever and of what nature funds or quality over unto my said daughter Mary Tadman and my said sons Nicholas Gillbee and James Gillbee their executors administrators and assigns upon trusts and to and for the intents and purposes herein after expressed and I do hereby declare that the gift devise and bequest hereinbefore made unto my said daughter and sons of my real and personal estates are so respectively made upon the trusts and to and for the uses intents and purposes following that is to say upon trust to pay and apply as well in produce of the sale of said freehold messuage as also all my personal estate (except such part as is hereby specifically bequeathed) in manner following that is to say

one sixth part of share thereof unto and between my grandchildren James Gillbee and Sarah Gillbee the two younger children of my deceased son William Gillbee their executors administrators and assigns
one other sixth part or share thereof unto my said daughter Mary Tadman her executors administrators and assigns
one other sixth part of share thereof unto my said son Nicholas Gillbee his executors administrators and assigns
one other sixth part thereof unto and among all and every the children of my son Earl Gillbee their executors administrators and assigns

and as to the remaining sixth part of share thereof I do devise that the same shall be invested by my said trustees in some or one of the public stocks or funds in their own names or the names of such of them as shall be living at the time of my decease to be by them or their survivors or survivor of them applied as such times and in such proportions and for such purposes as they the manor part of them for the time being shall judge to be most accordant with the views and wishes which they sufficiently understand me to entertain in this respect and when and so soon as such view shall have been offered or shall cease to operate with advantage then I do direct the principal monies so invested as foresaid or sixth part there as shall remain unapplied to be divided between and among the said two younger children of my said eldest son and my said Daughter and sons Mary Tadman Nicholas Gillbee and James Gillbee and that children of my said son Earl Gillbee (my said grandchildren respectively taking between and among them two several fifth parts of such remaining(?) share,

and I do hereby direct the several parts or shares of my said grandchildren to be paid to them respectively at the age of twenty five years provided always and I do direct that in case of the death of either of my said grandchildren before his or her share shall have become payable leaving lawful issue such issue shall receive the share to which the the father or mother would have been entitled if living But in case of the death of both of my said two grandchildren James and Sarah the son and daughter of my said son William without such issue the I do direct that their respective shares shall go and be paid unto my grandson William Gillbee their elder brother and I am desirous that it should be understood that in limiting to the said two younger children the share originally designed for their brother I am induced to do so not from any difference in the degree of affection which I bear to all my said three grand children but because I am aware how amply the said William Gillbee my grandson has been provided for from the estate of his said father

Provided also and it is my intention that any debt which may be owing to me at the time of my decease from either of my said children respectively shall be brought into and allowed in account upon the division of my property and for facilitating the sale of my said freehold messuage I do direct the receipt of receipts of my said executors or the survivors or survivor of them or the heirs or assigns of such survivor of all to be a sufficient discharge to the purchaser of purchasers who shall not be liable to see to the application of his or her purchase money

and I do hereby nominate and appoint my said daughter Mary Tadman and my said sons Nicholas Gillbee and James Gillbee joint exors of this my will and I do hereby direct that such of my said trustees and executors shall retain or be reimbursed all costs incurred in the execution of this my will and shall be chargeable only each of them with and for his or her own deceipts and wilful defaults and not the one for the other of them and that neither of them shall be answerable for any involuntary loss which may happen in the execution of the trusts hereby in them reposed and I do herby revoke and make void all former wills by me made In witness whereof the said Elizabeth Gillbee the testatrix have to this my last will and testament contained in three sheets of paper set my hand and seal (that is to say) to each sheet thereof put(?) my hand and to this last sheet my seal this twenty sixth day of April in the year of our Lord one thousand eight hundred and fifteen. Elizabeth Gillbee Signed and sealed published and declared by the said Elizabeth Gillbee the testatrix as and for her last will and testament in the presence of us who in her presence at her request and in the presence of each other have subscribed our names as witnesses hereto
Ann Thompson, Mary Chalk, servant to Mrs Gillbee Jn Mills Evans.

I Elizabeth Gillbee of Milton Square/Estate(?) in the parish of Milton in the County of Kent widow do make & declare this to be a codicil to my last will & Testament and do desire the same to be taken and considered as on the part of my last will and Testament whereas by my will I have directed that my freehold house & premises in which I now reside at Milton Estate in the parish of Milton in the county of Kent should be offered to my daughter Mary Tadman at a fair & reasonable price and in case of her refusing or declining to become the purchaser thereof then that the same should be put up to sale

Now I hereby revoke the said direction and do in lieu thereof direct that my executors and trustees should put the said house and premises up to sale by public auction and that the said house and premises should be sold to the best bidder and hereby revoke all and every devise and bequest which I may have by my will given and bequeathed to my daughter Mary Tadman and do hereby give and bequeath whatever bequests or interests the said Mary Tadman might have derived under and by virtue of my will unto my sons Nicholas Gillbee and James Gillbee for them to dispose of in such manner and to whom and at such time of times as they or either of them may think proper

I hereby also give and bequeath unto my faithful attendant Eleanor Bond as an additional mark of my respect further and over and above any bequest I may have made to here by my will the sum of ten pounds

In witness whereof I have herein to set my hand and seal this first day of April one thousand eight hundred and eighteen Eliz Gillbee Signed and sealed published and declared by the said Elizabeth Gillbee as and for a Codicil to the last will and testament in the presence of us who at her request and in her presence and in the presence of each other have hereunto set and subscribed our names this day and year first above written as witnesses hereto
John Gill Charles Attwaters Mary Chalk

Proved at London with a Codicil 8th Decr 1820 before the worshipful Charles Cook Dr of Law & SurrL by the oath of James Gillbee the son and one of the exors to whom admon was granted being sworn duly to admr power reserved to Mary Tadman wd the daur & Nicholas Gillbee the son also & other exors.


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Will of Elizabeth Gillbee
Created by Maureen Rawson