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This is the last Will and Testament of me
Robert Hilton of Bidston in the County of Chester Farmer made and
published this fourth day of February in the year of our Lord One
thousand eight hundred and Fifteen. First I will and direct that all
my just Debts and Funeral Expenses shall be paid and discharged. And
I will and direct that my Wife Ellen Hilton shall have receive and
take the Rents Issues and Profits of my Estate and Premises in
Stourton formerly the Property of her father Thomas Stanley for and
during the Term of her natural life. And I also will and direct that
my said Wife shall have so many and such part of my Goods and
Household Furniture as will furnish a Bed Room and Parlour suitable
for her. And I direct she may have the use of my Plate during her
Life and that an Account be taken of the same by my Executors
immediately after my Decease and that after the decease of my said
Wife the Plate be returned to my Executors and form part of my
Estate. I give and bequeath to my Step Daughter Mary Smith the
daughter of my said Wife the Sum of one hundred pounds. I give and
bequeath to the Children of Henry Smith, the Son of my said Wife,
the sum of one hundred pounds to be equally divided amongst them by
my Executors the share of each of them to be paid when and as he or
they arrives at the age of Twenty one years and in case of the death
of any of them before they attain that age the share of him or her
so dying shall go to the Survivor or Survivors equally and be paid
and payable at the same time when his or their original shares are
payable. I give devise and bequeath all the rest residue and
remainder of my Estate and Effects of what nature and kindsoever and
wheresoever unto my Brothers William Hilton and Richard Hilton and
to Thomas Francis of Lower Bebington in the County of Chester Farmer
their Heirs Executors Administrators and Assigns for ever Upon Trust
that they or the Survivors or Survivor of them and the Heirs
Executors and Administrators of such Survivor do and shall as soon
as they conveniently can next after my decease sell and dispose of
and convert the same into Money. And in the first place do and shall
invest or Mortgage on real of Government Securities a portion of the
Monies to arise from my said Estate and Effects sufficient to pay
one clear yearly Annuity or sum of Forty pounds to my said Wife
during her Life and I will and direct that my said Trustees do and
shall yearly and every year pay unto my said Wife the said clear
Annuity or Sum of Forty pounds during the term of her natural life
by two half yearly payments the first payment to be made at the end
of Six Calendar Months next after my Decease. And I do direct that
the said Annuity shall be paid to my said Wife to and for her own
sole and separate use and shall not be subject or liable to the
Debts Control or Engagements of any future Husband she may marry and
that her receipt alone (notwithstanding her Coverture) shall be a
sufficient discharge to my said Trustees for the same and subject to
the said Annuity and the provision for the same. Upon Trust that my
said Trustees and the Survivors and Survivors of them and the
Executors and Administrators of such Survivor do and shall pay and
divide the rest residue and remainder of my said Estate and Effects
unto and equally between and amongst all and every of my Brothers
and Sisters living at the time of my decease and to the lawful Issue
of such of them as shall be then dead such Issue to take the share
which his her or their Parent would have taken if living share and
share alike. Provided always and it is my Will and Mind,
notwithstanding any thing hereinbefore contained, and I do hereby
direct that the share and respective shares of my Brother John
Hilton and my Sister Margaret the Wife of William Wood of and to my
said Estate and Effects or the Monies arising from the Sale and
Proceeds thereof shall be remain and continue vested in my said
Trustees and the Survivors and Survivor of them and the Executors
and Administrators of such Survivor. Upon the Trusts and to and for
the several uses intents and purposes hereinafter mentioned
expressed and contained concerning the same that is to say Upon
Trust that they may said Trustees and the Survivors and Survivor of
them and the Executors and Administrators of such Survivor do and
shall put place and continue at Interest on Government or real
Security the said respective shares of my said Brother John and
Sister Margaret and it shall be lawful for them from time to time to
alter change and transpose such Securities in such manner as they
may think proper. And as to for and concerning the share of may said
Brother John In Trust that they pay the yearly Interest Dividends
and Proceeds of the same unto my said Brother John for and during
the Term of his natural life and from immediately after his Decease
do and shall pay and divide the same share unto and equally between
and amongst all and every the Child and Children of my said Brother
John that may be living at the time of his Decease or born in due
time afterwards and to the lawful Issue of such of them as shall be
then lead such Issue to take the share which his her or their Parent
would have taken if living share and share alike. And as to for and
concerning the share of my said Estate and Effects be given to or in
Trust for my said Sister Margaret Woods Upon Trust that they may
said Trustees and the Survivors and Survivor of them and the
Executors or Administrators of such Survivor do and shall pay the
yearly Interest Dividends and Proceeds thereof unto my said Sister
Margaret Woods for and during the term of her natural life and I
will and direct that the same shall be paid to her and to and for
her own sole and separate use and shall not be subject to the
Control Debts or Engagements of her present or any future husband
and that her receipt alone shall be a good and sufficient discharge
for the same, notwithstanding her Coverture, and from and
immediately after the Decease of my said Sister Margaret Woods Upon
Trust that my said Trustees and the Survivors and Survivor of them
and the Executors and Administrators of such Survivor do and shall
pay and divide the same share units and equally between and amongst
all and every the Child and Children of my said Sister Margaret
Woods that may be living at the time of her decease and to the
lawful Issue of such of them as shall be then dead such Issue to
take the share which his her or their parent would have taken if
living share and share alike. Provided Always and I do declare that
it shall be lawful for my said Trustees and the Survivors and
Survivors of them and the Executors and Administrators of such
Survivor from time to time to deduct and retain to themselves and
himself by and out of the Trust Premises all Costs Charges and
Expenses which they or any of them shall be put into carrying into
effect the Trusts hereby in them reposed or in any manner relating
thereto and that they nor any of them shall not be answerable or
accountable for any Loss which may happen to the said Trust Premises
without their or his wilful default nor the one of them for the
other of them nor for the acts deeds or defaults of the other of
them. And Lastly revoking all former and other Wills by me at any
time heretofore made I do declare this to be my last Will and
Testament and I do nominate and appoint the said William Hilton
Richard Hilton and Thomas Francis Executors of this my Will. In
Witness whereof I the said Robert Hilton have hereunto set my hand
and seal this fourth day of February one thousand eight hundred and
fifteen.
Signed seald published and declared by the
said Testator
Robert Hilton in and for his last Will and
Testament In the
presence of us who at his request in his
presence and in the Robert Hilton
presence of each other have subscribed our
names as
witnesses hereto
John Topham
Jn Fowler
Wm Daggers
The 5th day of July 1824 William
Hilton one of the Executors within named was sworn in Common Form
and he further made Oath that the personal Estate and Effects of the
Testator at the time of his death within the Diocese of Chester did
not Amount to the Sum of Four hundred and Fifty Pounds, Power being
Reserved to Richard Hilton and Thomas Francis the other Executors.
Before Me
Thomas Mawdesley
Surrogate
Testator died 28th January 1824
Probate issued Dated
5th July 1824
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