WILL OF WILLIAM MILLER, 5/5/1789

Will: 5/5/1789
Codicil: 8/8/1789
Will proved on 2/1/1790

Note: Wills proved at the Prerogative Court of Canterbury, when the deceased's property was in more than one diocese (Sherborne and Henstridge), otherwise, locally.

Transcribed by Colin L. Miller, 2008.

Source of catalog reference: http://www.opcdorset.org/SherborneFiles/SherborneWills.htm
Source of document: National Archives, Public Records Office Documents Online, catalog reference: Prob. 11/1188, image reference: 302.

People mentioned in the will:

William Miller, Gentleman of Sherborne
Edward Talbort [AF], Glasier of Sherborne, joint executor
Daniel Penney, Stonemason of Sherborne, joint executor
Edmund Batten, previous owner of Henstridge property
George Miller, son of William
Leonora Miller, wife of William, joint executrix
Lucy Harris Miller, daughter of William
Charlotte Miller, daughter of Willaim
W. Conard, witness
Charlotte Lawrence, witness
Wm. Busnell (Burnel?), witness
John Hillier, joint executor, added in codicil of 8/8/1789
Sir William Wynns, Knight, Doctor of Laws, Master Keeper or Commissary of the prerogative court of Canterbury

Will of William Miller-1790

I William Miller, of Sherborne in the County of Dorset, Gentleman, being of sound mind memory and understanding do make publish and declare this be my last will and testament in manner following (that is to say) first I give and devise unto my friends and relations Edward Talbort of Sherborne aforesaid Glasier and Daniel Penny of the same place a Stonemason all that my Freehold Messuage and Lands situate lying and being at Henstridge in the County of Somerset which I lately purchased of Edmund Batten Gentleman and their heirs in trust for my son George Miller his Heirs and Assigns until he shall attain the age of twenty six years [1811] but nevertheless to permit and suffer Leonora my Wife for and during my said Son's minority and she continues my Widow to retrieve and take the Rents Issues and profits thereof for and towards his Maintenance Education and bringing up in life of my said son George Miller And it is further my Will that by and out of my said Estate at Henstridge above given to my said Son that he shall immediately when and as soon as his two sisters Lucy Harris Miller and Charlotte Miller shall attain their respective ages of twenty five years pay equally between them the sum of three hundred Pounds and in Case either of my said Daughters shall happen to die before she shall attain such Age of twenty five years then and in such Case I hereby order and direct that the whole of such Sum of three hundred Pounds shall be paid by my said Son to such surviving Daughter Also all the rest of my Freehold and Household Estates whatsoever and wheresoever I give devise and bequeath unto my dear wife Leonora and her Assigns for and during her natural Life in case she shall so long continue my Widow for and towards the bringing up in Life of my three Children And that when my said Two Daughters Lucy Harris Miller and Charlotte Miller shall attain their said Ages of twenty five years that then my said Wife do and shall by and out of such my said Freehold and Leasehold Estates pay equally between them the sum of three hundred Pounds and in case either of my said Daughters shall happen to die before she shall attain such her age of twenty five years then and in such case I hereby order and direct that the whole of such sum of three hundred Pounds shall be paid by my said wife to such surviving Daughter and I so hereby charge my said Freehold and Leasehold Estates above given to my said Wife with such last mentioned Sum of three hundred Pounds And from and after such my said Wife's decease or Marriage I give and devise all those my Freehold Estates unto my said Son George Miller his Heirs and Assigns for ever But in case my said Son shall happen to die in the lifetime and widowhood of my said dear Wife and before he shall attain the age of twenty six years then and in such case I give and devise the same last mentioned Freehold Estates as well as my said Estate at Henstridge unto and between my said two Daughters Lucy Harris Miller and Charlotte Miller their Heirs and Assigns for ever as Tenants in Common and not as joint Tenants And further it is my will that in case all my said children shall happen to die leaving no Child or Children lawfully begotten then and in such case I give and devise the same unto my said Wife Leonora And from and after her decease it is my Will and desire that my said Wife so and shall at her decease give and devise all such my Freehold Estates unto and amongst all or some part which she shall most approve of my family of the name of Miller And also all such my Leasehold Estates whatsoever and wheresoever I give and bequeath unto my dear Wife and her Assigns for and during all my several Terms Estate and Interest therein But subject nevertheless in part of payment of the last mentioned Sum of three hundred Pounds herein before given to my said Daughters Also all the rest of my Goods Chattels Monies and Securities for Money Stock of Cattle Corn Grain and Implements of Husbandry whatsoever after payment of my just Debts and funeral Expenses I give and bequeath unto my said Wife the said Edward Talbort and Daniel Penny their Executors and Administrators In Trust for my said Son George Miller and my Daughters Lucy Harris Miller and Charlotte Miller And that they my said Trustees So and shall immediately after my decease make a just and perfect Inventory thereof But nevertheless to permit and suffer my said Wife to use and enjoy the same for and during the term of her natural Life and she continues my Widow and from and after such my said Wife's decease or Marriage then it is my Will that the whole of such Stock and Implements of Husbandry Monies and Securities for Money shall be equally divided between such of my said Children as shall be then living share and share alike And Lastly I do hereby make nominate and appoint my Dear Wife Leonora the said Edward Talbort and Daniel Penny to Joint Executrix and Executors of this my Will hereby revoking and making Void all former and other Wills by me at any time heretofore made in witness whereof I have to this my last Will contained in two sheets of paper to the first of such Sheets set my hand and the other my hand and Seal this fifth day of May in the year of our Lord one thousand seven hundred and eighty nine, William Miller [LS] Signed sealed published and declared by the Testator William Miller as and for his last Will and Testament in the presence of us who at his request and in his presence and in the presence of each other have Subscribed our Names as witnesses hereto
W. Conard
Charlotte Lawrence
Wm Busnel [Burnel?]

Whereas I William Miller of Sherborne in the County of Dorset have made and duly executed my last Will and Testament in writing bearing date the fifth day of May one thousand seven hundred and eighty-nine. Now I hereby declare this present writing to be a Codicil to my said Will and I do direct the same to be annexed thereto and to be taken as part thereof I do here nominate John Hillier joint Executor with Edward Talbort in the Room of Daniel Penny And I do leave give and bequeath to Leonora my Wife all my Goods Chattels Money and Securities for Moneys Stock Cattle Corn Grain and Implements in Husbandry whatsoever at her disposal if she continues my Widow But if she Marries the whole Stock shall go to the three children George, Lucy and Charlotte of all kinds I so order that my Wife Leonora settlement to be paid out of my free Lands that was settled before Marriage And I do hereby ratify and confirm my said Will in all the other particulars hereof in Witness whereof I the said William Miller have to this Codicil set my hand and Seal this Eight day of August in the year 1789 William Miller [LS] Signed Sealed published and declared by the said Testator William Miller as and for a Codicil to be amended to his last Will and Testament and to be taken as part thereof in the presence of us
W. Conard
Charlotte Lawrence

This Will was proved at London with a codicil the first day of February in the year of our Lord one thousand seven hundred and ninety before the Right Honorable Sir William Wynns, Knight, Doctor of Laws, Master Keeper or Commissary of the prerogative court of Canterbury lawfully constituted by the oath of Leonora Miller the Relict of the deceased and one of the Executors named in the said will to whom administration was granted of all and singular the Goods Chattels and Credits of the said deceased having been sworn by commission duly to administer power reserved of [making] [the] like grant to John Hillier and Edward Talbort the other Executors named in the said Will when they or either of them shall apply for the same.