Will of John Mylam
Surgeon of Lewisham, Kent
Will: September 15, 1737
Probate: May 24, 1748
Substitute Administration: December 23, 1762
(Death of executrix/wife Grace Mylam; administration of residue granted to son, John Mylam)
Beneficiaries: sister Elizabeth Herbert?;
wife Grace Mylam;
son John Mylam;
friends Joseph Maddy & George Cornwall.
Property: Freeholds, money, chattel.

 

Will of John Mylam
Transcribed by Oliver Milam

In the Name of God Amen
I John Mylam of Lewisham in the county of Kent Surgeon being thro mercy of sound mind memory and understanding but considering the uncertainty of this mortal life I do make my last will and testament in manner form following (that is to say) first my will and desire is that such just debts as I shall or may happen to owe at the time of decease and the charges of my funeral be punctually paid and satisfied and I do hereby give and bequeath unto my loving sister Elizabeth the widow of Henry? Herbert? the sum of twenty pounds and unto my two friends Joseph Maddy gentleman and George Cornwall gentleman the sum of five pounds apiece and after the payment of my debts and the legatyes aforesaid and the charges of my funeral my mind and will is that the rest residue and remainder of my personal estate in whatsoever the same doth or may consist or wheresoever the same is or may be at my decease shall be divided into three equal parts and one third part thereof I do give and bequeath unto my dear beloved wife Grace Mylam to and for her own use and disposal and the other two third parts thereof I give and bequeath unto my dear and well beloved son John Mylam to be paid and delivered over to him at his age of one and twenty years if he shall live to attain that age and the interest produce and increase thereof in the meantime I will order and direct shall be had and received by his mother my said wife for his maintenance and education and I do hereby desire my said wife to consult with and be advised by my said executors the said Joseph Maddy and George Cornwall and the survivor of them in the education of my said son but in case my said wife shall happen to marry again during the infancy of my said son then and from thereforth I do will and hereby direct that the interest and increase of my said sons two thirds of my said personal estate shall be received by the said Joseph Maddy and George Cornwall gentlemen or the survivor of them and by them or the survivor of them shall be applied to and for the education and maintenance or use and benefit of my said son and upon and after such marriage I desire the said Joseph Maddy and George Cornwall and the survivor of them to take upon them or him the care and guardianship of my said son until his age of one and twenty years and if my said John shall happen to dye under that age and without lawfull issue then and in such case I give unto my said two friends Joseph Maddy and George Cornwall and the survivor of them and the executors administrators and assignees of such survivor of them one half part of my said sons two third parts of my personal estate in trust for the sole and separate use of my said sister Elizabeth Herbert? notwithstanding any coverture she shall or may be under but if my said sister shall be then dead and immediately from and after her decease then in trust to and for the equal use and benefit of all her children as to the remaining half of my sons two third parts of my said personal estate (in case of his death under age) I give the interest and produce thereof unto my said my dearly beloved wife during her life and after her decease I give and bequeath the said remaining part unto the said Joseph Maddy and George Cornwall and the survivor of them and the executors administrators and assignees of such survivor of them in trust for the sole and separate use of my said sister if she shall be then living and after the decease of my said sister then for the equal use and benefit of all her children aforesaid and I do hereby order and direct that the said Joseph Maddy and George Cornwall shall not be at any charge or exposure whatsoever but that they or either of them shall and may have and retain to him or themselves or otherwise be paid or allowed all such costs charges and expenses which they or either of them shall or may be at together with all such reasonable recompense as they or either of them shall require for their respective trouble in or about the performance of this my will and all every or any trust herein contained or any matter cause or thing relating thereunto in any manner of wise? and I do hereby give devise and bequeath unto my said well beloved wife Grace Mylam as well all that my freehold messuages or tenements near the church in Rotherhith? in the county of Surry as also all my freehold estates in the parish of Bennington and All Saints Hertford? and all other my freehold estates which I am or shall be seized or possessed of at the time of my decease with all and every the appurtenances and the rents issues and the profits thereof for and during the term of her natural life and from and immediately after her decease I do give and bequeath all my said freehold estates to the only proper use and behoofs of my said son John Mylam his sons and assignes forever and I do hereby make nominate and appoint my said dear and loving wife Grace Mylam sole executrix of this my will until such time as she shall happen to marry again and thus I do name and appoint them the said Joseph Maddy and George Cornwall to be joint executors with her and to act therein as they shall see occasion as aforesaid and in case of my said wife’s death during the infancy of my said John then I do likewise appoint my said two friends Joseph Maddy and George Cornwall to be executors during the minority of my said son and so revoking all former and other wills by me at any time heretofore made and declared either by word or in writing I publish and declare this to be my last will and testament and none other or otherwise in witness whereof I the said John Mylam have to this my last will and testament contained in two sheets of paper to each sheet set my hand and seal this fifteenth day of September in the eleventh year of the reign of our Sovereign Lord King George the Second and in the year of our Lord one thousand seven hundred and thirty seven John Mylam sign’d seal’d publish’d and declared by the said John Mylam the testator as and for his last will and testament in the presence of us who have hereunto subscibed our names as witness in the presence and at the request of the said testator and in the presence of each other of us John Bartholomew Mary Oborn William Norris

This will was proved at London before the Worshippfull Robert Chapman Doctor of Laws Surrogate of the Right Worshipfull John Butterworth Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted the twenty fourth day of May in the year of our Lord one thousand seven hundred and forty eight by the oath of Grace Mylam widow the relict of the deceased and sole executrix named in the said will to whom administration was granted of all and singular the goods chattel and credits of the said deceased being first sworn duly to administer the same.

On the twenty third day of December 1762 inventory with the will annexed of the goods chattel and credits of John Mylam late of Lewisham in the county of Kent deceased left unadministered by Grace Mylam widow the relict of the said deceased and sole executrix named in the said will now also deceased was granted to John Mylam the natural and lawful son and surviving beneficiary legatee named in the said will having been first sworn duly to administer.