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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
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