1861 England Census

 

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The Will of William Stilwell

 

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.

 

 

This Will was kindly transcribed and sent in by Elizabeth.

 

 

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