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On the 22nd day of May 1873
the Will of
William Stilwell
late of Shotter Mill in the Parish of
Linchmere in the County of Sussex Coal Merchant deceased, who
died on the 26th February 1873 at Shotter Mill aforesaid was
proved in the Principal Registry of Her Majesty’s Court of
Probate, by the Oath of William Stilwell Harding of the Parish
of Fernhurst in the said County Carpenter (son of Testator’s
Widow Catherine Stilwell)
one of the Executors named in the Will he
having been first sworn duly to administer, power being reserved
of granting Probate of the said Will to Daniel Knight the other
Executor named in the Will
Effects under £200
No Leaseholds
This is the last Will and Testament of me
William Stilwell of Shottermill in the Parish of Linchmere in
the County of Sussex Coal Merchant whereby I revoke all former
Wills and Codicils by me at any time heretofore made I give and
bequeath unto my dear wife Catherine Stilwell all my household
furniture plate linen and china absolutely for her own use and
benefit and I give devise and bequeath all and every my personal
estate monies and securities for money and monies that may be
owing to me at the time of my decease unto William Stilwell
Harding (son of my said dear wife) and Daniel Knight of Thursley
in the County of Surrey Farmer and the survivor of them his
heirs executors administrators and assigns whom I appoint
Trustees and Executors of this my Will upon trust that they my
said trustees and the survivor of them and the heirs executors
administrators and assigns of such survivor do and shall as soon
as conveniently may be after my decease sell and dispose of all
such parts of the rest and residue of my personal estate (except
a policy of assurance) as shall not consist of money or
securities for money and shall collect and get in all debts and
other monies that may be owing to me at the time of my decease
and invest the monies to be realized and received from my said
personal estate as and when the same shall be received in their
or his names or name upon Government or real securities or on
mortgage of freehold or any other estates and be and shall stand
possessed of the said personal estate and the interest or other
annual income to be received therefrom upon the trusts
hereinafter declared concerning the same And as to all and every
my said freehold copyhold and leasehold estates by me herein
before given and devised to my said trustees I declare my will
to be that they shall receive the rents and profits thereof
until sold and stand possessed of such rents and profits upon
the trusts hereinafter declared and I declare that it shall be
lawful for my said trustees and the survivor of them his heirs
executors administrators and assigns at any time with the
consent in writing of my said wife to sell and dispose of all my
said estates freehold copyhold and leasehold absolutely and from
and after the decease of my said wife or in the event of her
marrying again then it shall be lawful for my said trustees and
the survivor of them his heirs executors administrators and
assigns at their and his discretion at any time and in such
manner and form as they or he shall think most proper to
absolutely sell and dispose of all my said estates and I direct
that my said trustees and the survivor of them his heirs
executors administrators and assigns shall invest the monies to
arise from the sale of my said estates in their or his names or
name upon Government or real securities or on mortgage of
freehold or any other estates and be and shall stand possessed
of the same securities and the interest or other annual income
to be received therefrom upon the trusts following that is to
say as to all rents to arise from my said freehold copyhold and
leasehold estates until sold and all the income to arise from
the monies that may be produced from the sale thereof and also
as to all the interest or annual income to arise from my said
personal estate upon trust to receive the said rents interest or
annual income and thereout pay the annual premium on a policy of
assurance for two hundred and fifty pounds effected by me on the
lives of Mr and Mrs Clapshaw in the Sovereign Life Assurance
Office London and after paying such premiums as aforesaid do and
shall pay all the rest and residue of the rents or other annual
income to arise from my said estates or from the monies to be
produced from the sale thereof and the income to arise from all
and every my said personal estate unto my said wife Catherine
Stilwell during so long as she shall remain my widow and
unmarried And from and after the decease of my said wife or
marriage again of my said wife I direct my said trustees and the
survivor of them his heirs executors administrators and assigns
to stand and be possessed of all my said freehold copyhold and
leasehold estates and the monies to arise from the sale thereof
when sold and all my said personal estate and the securities for
the same upon trust to divide the same into two equal parts and
as to one moiety or equal half part thereof do and shall pay the
same unto my daughter Elizabeth if she shall be then living for
her own use and benefit but if she shall die in the life time of
my said wife leaving issue living at the time of the death or
marriage again of my said wife then I direct my said trustees
and the survivor of them his heirs executors administrators and
assigns to pay the said one moiety of the produce of all the
said trust premises unto such issue of my said daughter share
and share alike as tenants in common and if there shall be but
one child of my said daughter then the whole of such one moiety
to be paid to such one child and if my said daughter shall die
without leaving any issue but leaving a husband then I direct my
said trustees and the survivor of them his heirs executors and
assigns from and after the death of my said wife or her marrying
again to pay the income to arise from the said one moiety of all
the said trust premises unto such husband of my said daughter
for and during the term of his natural life and in the event of
my said daughter dying without leaving any issue and without
leaving a husband or leaving a husband then immediately from and
after his decease and the decease of my said wife or her
marrying again I direct my said trustees and the survivor of
them his heirs executors administrators and assigns to pay the
said moiety of all the said trust premises unto the said William
Stilwell Harding if then living to and for his own use and
benefit and if the said William Stilwell Harding shall be then
dead then do and shall pay the same unto and equally among his
children then living share and share alike as tenants in common
and if the said William Stilwell Harding shall die leaving no
issue living but leaving a widow then I direct my said trustees
and the survivor of them his executors administrators and
assigns to pay the income of the said moiety of all the said
trust premises after the death of my said wife or her marrying
again unto such widow for and during the term of her natural
life and in the event of all the before mentioned devises
bequests and trusts failing then I direct my said trustees to
pay the said one moiety of all the said trust premises unto and
equally among my next of kin who shall be living at the time of
my decease and to their respective executors administrators and
assigns share and share alike as tenants in common to whom I
give the same And as to the remaining moiety or equal half part
of all the said trust premises I direct my said trustees and the
survivor of them his heirs executors administrators and assigns
after the death of my said wife or her marrying again to pay the
same unto the said William Stilwell Harding if he shall be then
living for his own use and benefit but if he shall die in the
lifetime of my said wife or her marrying again leaving issue
living at the time of the death of my said wife or her marrying
again then I direct my said trustees and the survivor of them
his heirs executors administrators and assigns to pay the said
last mentioned moiety of the produce of all the said trust
premises unto such issue of the said William Stilwell Harding
share and share alike as tenants in common and if there shall be
but one child of the said William Stilwell Harding then the
whole of such last mentioned moiety of all the said trust
premises to be paid to such one child of the said William
Stilwell Harding then the whole of such last mentioned moiety of
all the said trust premises to be paid to such one child and if
the said William Stilwell Harding shall die without leaving any
issue but leaving a widow then I direct my said trustees and the
survivor of them his heirs executors administrators and assigns
from and after the death of my said wife or her marrying again
to pay the income to arise from the said last mentioned moiety
of all the said trust premises unto such widow of the said
William Stilwell Harding for and during the term of her natural
life and in the event of the said William Stilwell Harding dying
and without leaving issue and without leaving a widow or leaving
a widow then immediately from and after her decease and the
decease of my said wife or her marrying again I direct my said
trustees and the survivor of them his heirs executors
administrators and assigns to pay the said last mentioned moiety
of all the said trust premises unto my said daughter Elizabeth
if then living to and for her own use and benefit and if my said
daughter be then dead then do and shall pay the same unto and
equally among her children then living share and share alike as
tenants in common and if my said daughter Elizabeth shall die
leaving no issue living but having a husband then I direct my
said trustees and the survivor of them his heirs executors
administrators and assigns to pay the income of the said last
mentioned moiety of all the said trust premises after the death
of my said wife or her marrying again unto such husband for and
living the term of his natural life and in the event of all the
before mentioned devises bequests and trusts failing in respect
of the said last mentioned moiety of the said trust premises
then I direct my said trustees and the survivor of them his
heirs executors administrators and assigns to pay the said last
mentioned moiety of all the said trust premises unto and equally
among my next of kin who shall be living at the time of my
decease and to their respective executors administrators and
assigns share and share alike as tenants in common to whom I
give the same Provided always and I declare that the receipt and
receipts of my said trustees and the survivor of them his
executors and administrators for the time being of this my Will
shall be a good and absolute discharge and good and absolute
discharges for all and every sum and sums of money payable to
them or him under or by virtue of this my Will and that the
person or persons paying the same shall not be liable or
accountable for the misapplication or nonapplication thereof or
be obliged to see to the application thereof Provided also and I
declare that if my said trustees or either of them shall die or
decline to act or be desirous of being discharged from acting as
a trustee or trustees of this my Will it shall be lawful for the
trustees or trustee for the time being and the executors or
administrators of the surviving trustee to nominate any other
person or persons to be a trustee or trustees in his or their
place and stead and that thereupon all the said trust
hereditaments and premises shall be conveyed and assigned to the
new trustee or trustees so to be appointed and that such new
trustee and trustees when so appointed shall and may act in the
trusts aforesaid and shall have the same powers and authority in
all things relating to the trust premises as if he or they had
been named in and appointed a trustee or trustees in and by this
my Will In witness whereof I have hereunto signed my name this
fifth day of July one thousand eight hundred and sixty seven –
Wm Stilwell – Signed by the testator William Stilwell as and for
his last Will and Testament in our presence and we at his
request and in his presence and in the presence of each other
have hereunto subscribed our names as witnesses the work “think”
in the second page having been first interlined – John Bridger,
Fernhurst Sussex, James Burt, Linchmere, Sussex.
Proved at London 22nd May 1873 by the oath
of William Stilwell Harding (son of testator’s widow Catherine
Stilwell) one of the Executors to whom Admon was granted Power
reserved of making the like grant to Daniel Knight the other
Executor. |