The will of Sarah Mills, 1839

Will made 2 May 1837 . Testatrix died 5 Jan 1839 . Will proved 28 Feb 1839

   I Sarah Mills of Drury Lane in the County
of Middlesex Widow Do on this second day of May one thousand eight
hundred and thirty seven make and declare this to be my last Will and
Testament hereby revoking all former Wills made by me I give and bequeath
to each of my Children Hannah, Jane, Eliza (the Wife of Edward Cantwell), Sarah,
James Henry, Frederick William and Emily, and also to my brother in law John
Mills the Sum of five pounds for the purchase of mourning and the said
legacies and also whatever debts may be due from me at my death and my
funeral and testamentary expenses I desire to be paid out of the monies due to
me so far as they will extend and the deficiency out of my money in the
public funds. I give unto my said daughters Hannah, Jane and Sarah and the
said John Mills all my property whatsoever upon trust nevertheless to permit
my said daughters Hannah, Jane and Sarah to receive the Interest and dividends
of my property in the funds and to hold and enjoy my leasehold houses situate
No.129 Drury Lane, No.26 Wild Street Drury Lane and No.27 Wild Street aforesaid
(they paying the rent and performing the covenants to be paid and observed by
the Lessees thereof) and also to enjoy the use and benefit of my furniture and stock
in trade being in and upon my said house No.129 Drury Lane and other my
Effects (except wearing apparel which I give to all my daughters between them)
so long as upon condition that they my said daughters Hannah, Jane and
Sarah do carry on the business which I am now carrying on in the said house
and do properly and respectively maintain my said Sons James Henry & Frederick
William and my said daughter Emily until they have respectively attained the
age of twenty one years and when and as soon as all of my said Children
or in case any of them shall die all my surviving Children shall be of the
age of twenty one years or if my said daughters Hannah, Jane and Sarah
shall in the meantime refuse or neglect to carry on the said business or to
maintain my said Sons and Daughters as aforesaid Then I direct that my leases
business Stock and all other my property except money in the funds (and except
my furniture and household goods) shall be got in and sold for the best price
to be had for the same and the produce thereof invested in the funds and if
any of my said children shall then be under the age of twenty one years
I desire the dividends to arise therefrom and from the money now in the funds
to be divided between my said six Children (other than Eliza Cantwell) until they
shall have all attained that age in equal sixth parts and to be applied in
and towards the maintenance of such of them as are under that age and
when they have all attained the age of twenty one years then I desire the
whole of the said property to be divided between all my said seven Children
including Eliza Cantwell equally share and share alike and as to my furniture and
household goods I give the same at the time of the said division to all my said
daughters (except Mrs Cantwell) to be equally divided between them and it is my
will if my said Daughters Hannah, Jane and Sarah can at the time of such
division arrange between themselves to take my said leasehold houses or any of
them at a fair valuation that the same be fairly valued by some valuer to be
appointed by the said John Mills and that they do take the same of such
valuation in part and on account of their shares of my said property and if any
of my said daughters Hannah, Jane and Sarah shall die or shall marry or
leave the said business before all my said Children shall have attained the age
of twenty one years it is my will that the survivors or survivor others or
other of them shall continue to have the same use of all the said property but
upon the same conditions and trusts as aforesaid and shall also have the
same option of taking the said leasehold houses or any of them at a valuation
as aforesaid and if they or any of them shall waste or by any means loose the
Stock in trade in my business and other effects of which they have the use so that
the same shall not be at the division of the same amount as at my death
they shall be respectively charged with the loss as part of their shares and it is
my will that if any of my said Children shall die before the time of such division
without leaving issue living at the time of such division his or her share whether
original or accrued under this proviso shall go in equal shares between or to the
others or other of my said Children who shall be then living. It is my will
that upon the said division the Sum of fifteen pounds which is due to me from
my Son Frederick William and of thirty pounds which is due to me from my
Daughter Mrs Cantwell be deducted from their respective shares but that in the
mean time they be not called upon for the same And as to the share of my
said daughter Eliza Cantwell I desire that the same shall be held by my Executrixes
and Executor for the sole and separate use of her my said daughter during her
life free from the debts, control and engagements of her present or any future
husband and after her death upon trust for those who shall be her next of
kin exclusive of her said present or future husband (and I appoint my said
daughters Hannah Jane and Sarah and the said John Mills Executrixes
and Executor of this my Will and Guardians of my said Sons James Henry &
Frederick William and my daughter Emily) In witness whereof I the said Testatrix
Sarah Mills have to this my last Will & Testament contained in three sheets of
paper subscribed my hand and Seal that is to say my hand to the two first sheets
and my hand and Seal to this third and last sheet thereof the day and year
first written  -  Sarah Mills  -  SS  -  Signed Sealed Published and Declared by
the Testatrix Sarah Mills as and for last Will and Testament in the presence of
us who at her request in her presence and in the presence of each other have
hereunto subscribed our names as witnesses  -  Rob Webber 43 Bedford Row
Solr.  -  Thos. Pratt  -  Cors. Mahony S Clerks to Messrs. Webber & Bland
43 Bedford Row  -  James Mills  No.4 Arbour Terrace Commercial Road

Proved at London 28th Feby. 1839 before the Worshipful John Danbury
Doctor of Laws and Surrogate by the Oaths of Hannah O'Niell (wife of James
Augustus O'Neill
) Jane Mills Spinster and Sarah Tranchard (wife of James Eli
) the daurs of the decd three of the Executors to whom admon was granted
having been first sworn duly to administer, power reserved of making the like
grant to John Mills the other Executor.

[the note below appears in the right-hand margin, beside the above paragraph]


11th July 1840
John Mills one of the
Executors and one of the
Residuary Legatees in Trust
renounced as well the Probate
and Execution of the Will as
the Letters of Administration (with
the same annexed) of the Goods of
the Deceased


[Copy obtained from The National Archives Online by Natalie Witt]

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