1841 England Census

 

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The Will of John Hilton

 

This is the last Will and Testament of me John Hilton of Birkenhead in the County of Chester Contractor and Licensed Victualler. First I direct that all my just debts and my Funeral and Testamentary expenses shall be paid and discharged out of my personal estate by my Executrix and Executors hereinafter named as soon as conveniently may be after my decease. Secondly I give devise and bequeath all my messuages dwelling houses lands tenements hereditaments and real estate whatsoever and wheresover which I have any power to dispose of by this my Will (subject nevertheless to the several mortgages affecting the same) and also all my stock in trade as a Contractor and Licensed Victualler household goods and furniture debts sum and sums of money owing to me and all other my personal estate of what nature or kind soever. To my friends John Graham of Lower Bebington in the said County Contractor and Robert Harwood of Birkenhead aforesaid Licensed Victualler any my dear wife Catherine Hilton their heirs executors administrators and assigns in trust at their his or her discretion to get in sell and convert into money the same or such parts thereof and at such times as they he or she may deem expedient. And to invest the proceeds thereof and my ready money in the purchase of lands or on government or real securities in England or Wales with power to sell subject to special conditions and to buy in and resell any property and to rescind or vary any Contract for sale to accept comportions for debts to compromise or suspend claims made on behalf of or against my estate or to refer them to arbitration and to forgo or satisfy such claims as they he or she may deem it just or expedient so to deal with whether legally enforceable or not. And to vary the securities upon which my property at my decease or afterwards may be invested and to be seized and possessed of my said real and personal property in trust after paying all current expenses and my said debts and funeral expenses to pay the income therefrom unto my said wife during her widowhood for her support and for the maintenance of my daughter Mary Hilton. And if my wife should marry again then to pay one third part of such income to her during her life for her separate and inalienable use. And subject to the trusts aforesaid to convey and transfer my residuary real and personal estate unto my said daughter Mary Hilton her heirs executors administrators and assigns. Thirdly I declare that my real estate and such real estate as my trustees or trustee may hereafter purchase shall be considered as real estate until the same be actually sold. And I do hereby empower my said trustees or trustee to lease any part of the real estate which they her or she may hold upon the trusts of my Will for not more than twenty one years at a rack rent subject to security of the rent be in arrears for more than twenty one days. Fourthly I devise all estates vested in use as trustee or mortgagee to the uses of the said John Graham Robert Harwood and Catherine Hilton their heirs and assigns for the estates which I have therein upon the trusts to which the same are subject. Lastly I appoint my said trustees to be my executors revoking all former wills. And I declare that no trustee of my will shall be answerable for any co trustee or for any banker broker or other agent or for any money which he shall not actually receive or for any involuntary loss. And that each trustee may retain and allow to his co trustees out of any monies which may come to his or her hands all expenses to be incurred in the execution of the trusts of my will. In witness whereof I have hereunto set my hand this seventeenth day of September in the year of our lord One Thousand Eight Hundred and Forty Nine.

 

Signed by the said John Hilton in the joint presence

of us who in his presence have hereunto set our hands                                  John Hilton

As witnesses this seventeenth day of September in the                                        X

Year of our lord one thousand eight hundred and                                           his mark

Forty nine.

 

 

Charles Cook                          12 St Pauls Sqr, Liverpool

Matthew Jennette                    Hamilton St, Birkenhead

 

 

The 13th day of November 1849

John Graham, Robert Harwood and Catherine Hilton the executors in this Will named were sworn in Common form and they also made oath that the personal estate and effects of the testator within the diocese of Chester were under the value of eight hundred pounds.

 

 

The Testator died the 17th Sept 1849                                      Before me

                                                                                                William Clarke

                                                                                                Surrogate

 

 

Pro issued

Dated 21st September 1850

 

 

This Will was kindly transcribed and sent in by Gail.

If you feel that any of the persons named in the above will is a person that you are researching, then you can

 

 

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