Will of William Hilder

Date: [unknown] [unknown]
Location: Robertsbridge, Sussex, England, United Kingdom
Surname/tag: Hilder-586

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William Hilder (bef.1765-1816)

William Hilder 1816

PROB 11/1589

This is the last will and testament of me William Hilder of Robertsbridge in the Parish of Salehurst in the County of Sussex Gentleman made published and declared this tenth day of May in the year of our Lord one thousand eight hundred and sixteen First I give and bequeath unto my beloved wife Jane Hilder to and for her own absolute use and benefit and disposal all and singular such of my household goods and implements of household furniture plate linen china books liquors and eatables which shall be in about and belonging to my dwelling house and premises at the time of my decease Also I give and devise unto Edmund Springett of Hawkhurst in the county of Kent Gentleman and John Smith of Brightling in the county of Sussex aforesaid Gentleman their heirs and assigns all that my customary or copyhold messuage or tenement wherein I now dwell with the garden hereditaments and premises thereto belonging or appertaining situate lying and being in Robertsbridge aforesaid and holden of the Manor of Robertsbridge upon trust that they the said Edmund Springett and John Smith or the Survivor of them or the heirs of such Survivor do and shall permit and suffer my said wife Jane Hilder and her assigns to have the use and occupation and to receive and take to and for her own absolute use and benefit the rents issues and profits of the said messuage or tenement Garden hereditaments and premises for and during the full time and term of her natural life unless she shall prefer and consent to the Sale and disposal thereof in her lifetime And also upon trust that they the said Edmund Springett and John Smith or the Survivor of them or the heirs of such Survivor do and shall as soon as conveniently may be after the decease of my said Wife or at any time in the lifetime of her my said wife by and with the consent and approbation of her my said wife sell dispose of surrender and assure the same messuage or tenement Garden hereditaments and premises hereinbefore devised then as aforesaid by public sale or auction or private contract unto any person or persons who shall be willing to become and be the purchaser or purchasers thereof for the most money that can be reasonably had for the same and do and shall for that purpose make and execute such deeds surrenders confirmations and assurances as they the said Edmund Springett and John Smith or the Survivor of them or the heirs of such Survivor shall think fit And I do hereby declare my Will to be that upon the payment of the money to arise by or from such sale it shall and may be lawful to and for the said Edmund Springett and John Smith or the Survivor of them his heirs executors or administrators to give and sign any receipt or receipts for the money to arise by or from such sale or any part thereof which receipt or receipts shall be good and sufficient discharge and discharges to any purchaser or purchasers his her or their respective heirs executors administrators or assigns for so much of the said purchase money as shall be therein acknowledged to be received and such purchaser or purchasers shall not afterwards be obliged to see to the application of such purchase money or be answerable or accountable for any loss misapplication or nonapplication thereof or of any part thereof also upon trust that they the said Edmund Springett and John Smith or the Survivor of them or the Executors or administrators of such Survivor do and shall pay and divide the monies which shall arise by or from such sale as aforesaid unto and equally amongst all and every my sons and daughters Charles Hilder George Hilder Jane Hilder and Sarah Hilder share and share alike to and for their own several and respective uses and benefit but if any or either of my said children shall not have attained his her or their age or ages of twenty one years at the time of the decease of my said wife the part and share of him her or them so under age or such part as my said trustees or the Survivor of them his Executors or Administrators shall think proper shall not be paid until he she or they shall attain his her or their respective age or ages of twenty one years and the interest dividends and produce thereof in the meantime to be paid and applied for and towards his her or their respective maintenance and support And in case any or either of them my said son and daughters shall happen to die before his her or their several parts or share of and in the said trust monies shall become due and payable as aforesaid without leaving issue of this her or their body or bodies lawfully begotten then in trust to pay assign transfer and divide such respective parts or share of him her or them so dying without such issue unto and amongst all and every the Survivors of them share and share alike as and when his her or their original part or shares shall and will respectively become due and payable as aforesaid And my will is that all and every the share and shares so directed to survive shall from time to time survive together with the original share and shares until such original share and shares shall become payable I give and devise unto my said Sons Charles Hilder and George Hilder their heirs and assign all that and those my messuage or tenement cottages buildings farm lands woodlands and premises commonly called or known by the name of Ockham or by whatsoever other name or names the same is or are called or known situate laying and being in Salehurst aforesaid containing by estimation two hundred and twenty acres whether of the same there be more or less and now in the occupation of myself and my undertenants or assigns (all which said premises are subject to and chargeable with an Annuity or rent charge of twenty five pounds a Year unto my sister Mary the wife of John Edward Despard for her life under and by virtue of the Will of my late father John Hilder deceased) to hold the said messuage or tenement cottages building farm lands woodlands and premises and every part thereof with their Appurtenances (subject to the said annuity or rent charge of twenty five pounds a year to my said sister for her life) unto and to the use of my said sons Charles Hilder and George Hilder as tenants in common and not as joint tenants and to their respective heirs and assigns for ever subject nevertheless and I do hereby charge and make chargeable al and singular the same hereditaments and premises to and with one clear annuity yearly rent charge or sum of one hundred Pounds of lawful money current in Great Britain unto my said wife Jane Hilder for and during the term of her natural life to be paid by even and equal quarterly payments the first quarterly payment thereof to be made in three months next after my decease And which said annuity rent charge or sum of one hundred Pounds I do hereby give grant and devise unto my said wife and her assigns for her life as aforesaid to be issuing and payable out of the said hereditaments and premises so given and devised unto my said sons Charles Hilder and George Hilder their respective heirs and assigns forever and to be payable to my said wife and her assigns free and clear of and from all and all manner of taxes impositions charges and deductions whatsoever already or hereafter to be taxed laid or imposed thereon or upon my said wife in respect thereof by authority of Parliament or otherwise howsoever And if it shall happen that the said annuity or rent charge of one hundred Pounds or any part thereof shall be behind or unpaid by the space of twenty days next over or after any of the said days or times of payment whereon the same is hereby appointed or directed to be paid then and so often it shall and may be lawful to and for my said wife into and upon the said hereditaments and premises so charged with the same Annuity or any part thereof to enter and distrain and the distress and distresses then and there found to take sell and dispose of until she or they shall be paid the said Annuity or rent charge of one hundred Pounds and all arrears thereof together with the charges of such distress and sale and in case the said Annuity or rent charge or any part thereof shall be behind and unpaid by the space of forty days next over or after either of the said days or times of payment (altho’ no demand be made thereof) then and so often it shall and may be lawful to and for my said wife and her assigns into and upon the said hereditaments and premises or any part thereof in the name of the whole to enter and the same to have hold and enjoy and to receive and take the rents issues and profits thereof & of every part thereof to and for her and their own use and benefit until she or they thereby or thereout shall be fully satisfied and paid the said Annuity or rent charge and all arrears thereof And also so much thereof as shall accrue and grow due during such time as she or they shall continue in possession of the same premises after and by reason of such Entry as aforesaid together with all such costs charges loss and damage which she or they shall be put unto or any ways sustain by reason of the nonpayment thereof at such days or times of payments as aforesaid Also I give and bequeath unto my said two daughters Jane Hilder and Sarah Hilder the sum of two thousand pounds apiece of lawful money of Great Britain to be paid to them as and when they shall respectively attain their several ages of twenty one years to and for their own respective absolute uses and benefit Also I give and bequeath unto the said Edmund Springett and John Smith the Sum of twenty five pounds apiece of lawful money current in Great Britain to and for their own several and respective use and benefit Also I give and devise unto the said Edmund Springett and John Smith their heirs and assigns all and every other my messuages lands tenements hereditaments and real estates and parts and shares of messuages lands tenements hereditaments and real estates whatsoever and wheresoever situate lying and being and whether in possession reversion reminder or expectancy which I or any person or persons in trust for me or to my use or uses am or are seized of or any ways entitled unto (not hereinbefore otherwise disposed of) with their and every of their rights members and appurtenances Upon trust that they the said Edmund Springett and John Smith or the Survivor of them or his heirs do and shall as soon as conveniently may be after my decease part sever and divide all and every the several messuages lands tenements and hereditaments devised to me and my brother James Hilder as tenants in common and our respective heirs and assigns in and by the last Will and Testament of our late father John Hilder deceased in such way and manner as they my said trustees of the Survivor of them or his heirs shall think proper and do and shall pay such Equivalent out of the residue of my real or personal estate hereby devised and bequeathed to them or the monies to arise by or from the Sale or Sales thereof respectively or any part thereof or receive such Equivalent upon such partition as they my said trustees or the Survivor his heirs or assigns shall in their or his judgment see fit and proper and also upon trust that they my said trustees or the Survivor of them or his heirs do and shall sell dispose of surrender and convey the said messuages lands tenements hereditaments and real estates and parts and shares of messuages lands tenements hereditaments and real estates last hereinbefore devised to them as aforesaid (except such part or parts parcel or parcels thereof as shall or may by them or him be settled allotted or conveyed to my said brother James Hilder his heirs and assigns upon such partition as aforesaid) together with such part or parts parcel or parcels thereof as shall or may be settled and allotted or conveyed to them my said trustees or the survivor of them his heirs or assigns upon such partition as aforesaid with their respective appurtenances and the fee simple and inheritance thereof either entirely and together or in parcels by public Sale or Auction or by private contract or Partly by Public sale or auction and partly by private contract unto any person or persons who shall be willing to become and be the purchaser or purchasers thereof or of any part or parcel thereof for the most money that can be reasonably had for the same and do and shall for the several and respective purposes of such partition or partitions or Sale or Sales as aforesaid make and execute all such deeds conveyances confirmations Surrenders and assurances as they the said Edmund Springett and John Smith or the Survivor of them or his heirs shall think fit And I do hereby declare my will to be that upon payment of the monies to arise either as an equivalent upon such partition or partitions by such sale or Sales or of any part thereof respectively it shall and maybe lawful to and for the said Edmund Springett and John Smith or the survivor of them or his heirs to give and sign any receipt or receipts for the monies to arise upon such partition or partitions by such sale or sales or any part thereof respectively which receipt or receipts shall be good and sufficient discharge and discharges to the said James Hilder or to any purchaser or purchasers his her or their respective heirs executors administrators and assigns for so much of the said equivalent or purchase money as shall be therein acknowledged to be received and the said James Hilder and such purchaser or purchasers his her or their respective heirs executors administrators or assigns shall not afterwards be obliged to see to the application of such purchase money or be answerable or accountable for any loss misapplication or nonapplication thereof or of any part thereof respectively Also I give and bequeath unto the said Edmund Springett and John Smith their executors administrators and assigns all and singular the rest residue and reminder of my ready money securities for money rights credits stock cattle husbandry tackle and all and singular other my goods chattels effects and personal estate of whatsoever nature or kind and wheresoever (not hereinbefore bequeathed) upon trust that they my said trustees and or the Survivor of them or the executors or administrators of such survivor shall and do as soon as conveniently may be after my decease sell and convert into ready money all such part and parts thereof as shall not consist of money or securities for money & call receive & get in all such part & parts thereof as shall consist of money or Securities for Money and I do hereby direct and declare that the said Edmund Springett and John Smith and the Survivor of them his executors and administrators do and shall stand possessed of and interested in as well the monies to arise by and from the partition or partitions sale or sales of my said messuage lands tenements hereditaments and real estate and parts and shares of messuages land tenements hereditaments and real estate lastly hereinbefore devised to them as aforesaid as also by and from my said personal estate to for and upon the several uses intents and purposes and under and subject to the several powers provisoes and declarations hereinafter mentioned and expressed that is to say Upon trust that they my said trustees or the Survivor of them or the executors or administrators of such survivor do and shall pay off and discharge all and singular my just debts funeral and testamentary expenses and also pay and retain the several and respective legacies and sums of money hereinbefore by me given and bequeathed also upon trust that they my said trustees or the Survivor of them or the executors or administrators of such survivor do and shall pay assign transfer and divide all the rest residue and remainder of such monies unto and amongst my said sons and daughters Charles Hilder George Hilder Jane Hilder and Sarah Hilder equally between and amongst them share and share alike as and when they shall respectively attain their several ages of twenty one years to and for their own several and respective uses and benefit but if my said daughters or either of them shall not have attained their or her ages or age of twenty one years at the time of my decease the said legacies or sums of two thousand pounds apiece hereinbefore bequeathed to my said daughters respectively and if any or either of them my said sons and daughters shall not have attained his her or their age or ages of twenty one years at the time of my decease the share or shares of my said sons and daughters so under age as aforesaid of and in the remainder of the said trust monies shall not be paid until he she or they shall attain his her or their respective age or ages of twenty one years and the interest dividends and produce thereof in the mean time to be paid and applied for and toward his her or their respective maintenance clothing education and support and in case my said daughters or either of them shall happen to die before their or her said legacies or legacy of two thousand pounds shall become due and payable as aforesaid or any or either of my said sons and daughters shall happen to die before his her or their several parts or shares of and in the remainder of the said trust monies shall become due and payable as aforesaid without leaving issue of his her or their body or bodies lawfully begotten then I do hereby order and direct my said trustees or the Survivor of them his Executors or administrators to pay assign transfer and divide such respective legacies parts or shares of him her or them so dying without issue unto and amongst all and every the survivors of them my said sons and daughters share and share alike as and when his her or their said original monies parts or shares shall and will become due and payable as aforesaid And my will is that all and every the share and shares so directed to survive shall from time to time receive together with the original share and shares until such original share and shares shall become payable but in case either of them my said daughters shall happen to die before her or their such legacies or legacy of two thousand pounds shall become due and payable as aforesaid or any or either of my said sons and daughters shall happen to die before his her or their several parts or shares of and in the reminder of the said trust monies shall become due and payable as aforesaid and leaving such issue then I do order and direct that my said trustees or the survivor his Executors or administrators do pay assign transfer and divide such respective legacies parts or shares of him her or them so dying and leaving such issue unto such his her or their issue share and share alike if more than one and if but one then to such only child the payment thereof to such of them respectively as shall not have attained their several ages of twenty one years when their said parts or shares shall or may become due and payable to be postponed until they shall respectively attain their said several ages and the interest dividends and produce thereof to be in the meantime paid and applied for and towards their respective maintenance and support Provided always and I do hereby declare that the several gifts and bequests hereinbefore made to or in favor of my said wife are intended to be in lieu bar and full satisfaction of and for allsoever thirds and free bench at Common law or by custom or otherwise which she my said wife can or may have claim or be intitled to in or out of all or any of the messuages land tenements hereditaments and real estate or parts or shares of messuages lands tenements hereditaments and real estate whatsoever and wheresoever whether freehold or copyhold which I am now or at any time or times hereafter shall or may be seized possessed of or intitled unto for any Estate of inheritance in possession or for any other …… …. or interest And I do hereby constitute and appoint the said Edmund Springett and John Smith joint Executors of this my will and also together with my said wife Guardians of the person and property of all and every my said sons and daughters during their respective minorities and my will is And I do hereby direct that my said trustees and executors or either of them their heirs executors or administrators shall not be charged or chargeable with or accountable for any more of the aforesaid trust estates monies and premises than they respectively shall actually receive or shall come to their hands by virtue of this my will nor with or for any loss or losses which shall happen of the same estates monies and premises or any part or parts thereof so as such loss or losses happens or happen without their wilful default nor one of them for the other of them or for the acts deeds receipts disbursements of the other of them but each of them only for his own separate acts deeds receipts or disbursements And also that it shall and may be lawful to and for my said trustees and executors and each of them their and each of their executors and administrators in the first place by and out of the aforesaid trust estates monies and premises to deduct and reimburse themselves and himself respectively and to pay each other all such losses costs charges and damages and expenses as they or either of them shall respectively sustain expend or be put unto for or by reason of the several trusts hereby in them respectively reposed in relation to the same estates monies and premises respectively or the management and execution of this my will or any thing in any wise relating thereto together with a reasonable allowance for their trouble journies and loss of time in and about the same And lastly I do hereby revoke all former wills by me made and declare this to be my last In Witness whereof I the said William Hilder the Testator have to this my last will and Testament contained in eleven sheets of paper to the first ten sheets thereof set my hand and to this last sheet my hand and seal the day and year first above written Wm Hilder Signed sealed published and declared by the said testator William Hilder as and for his last will and testament in the presence of us who have hereunto subscribed our names as witnesses thereto at his request in his presence and in the presence of each other Sam Kennett' Wm Whitbread Jas Martin

This is a Codicil to the last will and Testament of me William Hilder of Robertsbridge in the Parish of Salehurst in the County of Sussex Gentleman bearing date the tenth day of May now last past and which I desire may be considered and annexed to and be taken as part thereof Whereas I have by my said will given and devised unto Edmund Springett and John Smith therein named their heirs and assigns all and every other my messuages lands tenements hereditaments and real estates & parts & shares of Messuages Lands Tenements Hereditaments and real Estates whatsoever and wheresoever situate lying and being and whether in possession reversion remainder or expectancy which I or any person or person in trust for me or to my use or uses was or were seized of or any ways intitled unto (not thereinbefore otherwise disposed of) with their and every of their rights members and appurtenances upon trust to part sever and divide all and every the several messuages lands tenements and hereditaments devised to me and my brother James Hilder as tenants in common and our respective heirs and assigns in and by the last Will and Testament of our late Father John Hilder deceased Also upon trust to sell dispose of surrender and convey the said estates and parts and shares of estates so devised to them (except such part or parts thereof as should or might by them or him be settled allotted or conveyed to my said brother James Hilder his heirs and assigns upon such partition as aforesaid) together with such part or parts thereof as should or might be settled allotted or conveyed to them my said trustees in such manner as in and by my said will is mentioned and expressed And whereas I have since the making and publishing my said will parted and divided with my said brother James Hilder the several estates so devised to us in and by the said Will of our said late Father and the same estates have been respectively conveyed and surrendered by us to or for each other or for our respective uses according to the several shares and allotments made by us thereof Now in order to prevent any doubts that may be entertained or arise whether or not the several hereditaments and premises so allotted conveyed and surrendered to me as aforesaid will pass by or under my said will as therein is mentioned the same hereditaments and premises having been allotted conveyed and surrendered since the making and publication thereof I do give and devise all and every the same hereditaments and premises with their appurtenances to my said trustees the said Edmund Springett and John Smith their heirs and assign upon the same trusts and for the same ends intents and purposes as my said messuages lands tenements hereditaments and real Estates and parts and shares of messuages lands tenements hereditaments and real estates are in and by my said will and devised to them my said trustees And I do hereby in all other respects ratify and confirm my said will and all the gifts devises bequests matters and things therein contained In Witness whereof I the said William Hilder have hereunto set my hand and seal the twenty eighth day of May in the Year of Our Lord One thousand eight hundred and sixteen Wm Hilder This Writing was signed sealed published and declared by the said testator William Hilder as and for a Codicil to his last will and testament in the presence of us who have hereunto subscribed our names as witnesses thereto at his request in his presence and in the presence of each other Sam Kennett Wm Whitbread Jas Martin

Appeared Personally James Martin of Battle in the County of Sussex Attorney at Law Samuel Kennett of Robertsbridge in the Parish of Salehurst in the said County Grocer and William Whitbread of Robertsbridge aforesaid Yeoman and made Oath as follows and first the said James Martin for himself made oath that in the latter end of the month of June last he prepared a Codicil to the last Will and testament of the said deceased and that on the twenty eighth day of the said month of June he and his fellow deponents attended the execution of the said Codicil but which Codicil is by mistake dated the twenty eighth day of May instead of the twenty eighth day of June and the deponent further made oath that he well knows the said Codicil was executed on the twenty eighth day of June from the Memoranda and also for the circumstance of the said deceased having on the same day that he executed the said Codicil and preceding the execution of the said Codicil also executed a deed and Signed an acknowledgement of a fine levied in His Majestys Court of Common Please at Westminster to which the deceased was a party and which were also prepared by the deponent and he was one of the subscribing witnesses who attested the execution of the said deed by the said deceased and one of the Commissioners who took the acknowledgement of the said fine and such deed and acknowledgement of fine are respectively dated the day on which he executed the same and bear date the twenty eighth day of the said month of June and the said Samuel Kennett for himself maketh oath that he also was one of the subscribing witnesses of the Execution of a Codicil to the will of the said deceased and that he well knows that the said codicil was executed in the month of June and on the twenty eighth day of that month as well from other circumstances as by reason that he attended a Court Baron of the Lord of the Manor of Robertsbridge holden on the said twenty eighth day of June at the dwelling house of the said William Hilder at which Court this deponent was one of the Homage and the said William Hilder was at the same Court admitted tenant to some Copyhold hereditaments and which said Court Baron was holden and the said William Hilder was admitted previous to the execution of the said Codicil And the said William Whitbread for himself maketh oath that he also was one of the subscribing witnesses of the execution of a Codicil to the will of the said deceased and that he well knows that the said Codicil was executed in the month of June and on the twenty eighth day of that month from certain entries made in a journal kept in the business wherein he was engaged Jas Martin Sam Kennett William Whitbread The 24th day of January 1817 sworn by the said James Martin Samuel Kennett and William Whitbread before me J Jenkin Commr

Proved at London with a Codicil 12th February 1817 before the Judge by the oaths of Edmund Springett and John Smith the Executors to whom Administration was granted having been first sworn duly to Administer Transcribed by Rosie Ansell November 2014

Use of Bold and Italic script to identify names has been undertaken by Chris Hilder Chris Hilder (1 Mar 2023). This was done in an attempt to make the will easier to read.