Source: TNA, PROB 11/1483
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This is the last Will and Testament of me Sir John Carter of Portsmouth in the County of Southampton Knight being in health and perfect mind First I do hereby give all my Estates and property I now have or may have at the time of my Decease both real and personal wheresoever situated to my Trustees hereafter named to the uses and trusts as I so by this my last Will order and direct and they have full power and authority to sell mortgage or dispose of the same as I could so in my life time that they should pay and discharge all Debts or incumbrances that may be due from me at the time of my Decease to any person or persons whatsoever that may have lawful Claim to the same they my said Trustees have likewise power to sell or dispose of my share or shares or parts of any business I may be connected in or with under the firm of William Pike and Company or any other firm thereby to prevent any trouble or inconvenience to my said Partners Trustees Guardians or Executors by reason of any Child or Children I may leave under the age of twenty one years and further if any of my real or personal Estates or property after discharging my Debts should remain unsold they my said Trustees have full power to sell and dispose of the same to the best advantage in their power and to lay out the money or monies arising from the same or any Security or Securities they approve to be divided as hereafter by me directed and I do hereby give and bequeath to my wife Dorothy all my household furniture plate linen China and Wine for her own use and benefit and likewise my said wife to be paid out of my property the Sum of one hundred pounds within fourteen Days after my decease then the rest residue and remainder of my Effects both real and personal I give and bequeath between my said Wife Dorothy and the Child or Children I have or may have by her to be equally divided share and share alike as Tenants in Common and not as Joint Tenants but my will and meaning is that the Interest or income arising from the share or part of any of my said Child or Children is to be paid to their mother in order for maintaining Educating and apprenticing any of them till they attain the age of twenty one years but if any of my said Child or Children should marry before the age of twenty one years with the Consent of their mother then the share or shares of such Child so married and he she or they should die before the age of twenty one years they have full power to dispose of the same otherwise in Case of the Death of any Child or Children of mine before the age of twenty one years or being unmarried then such shares or parts to be equally divided between my said Wife and remaining Child or Children as before directed in this my said Will whereas there is standing in the Stocks or Funds of this Kingdom the Sum of two thousand pounds in the names of Trustees at my marriage the Interest of which is to be the sole property of my said Wife independent of any bequest or share given her by this my Will she my said Wife renouncing any claim of dower And lastly I do hereby nominate and appoint my said Wife Dorothy Henry Bonham Esquire of Petersfield and Arthur Atherley Esqr of Southampton my Trustees Executors & Guardians to my said Child or Children that I may leave at the time of my Death with full power to act in any respect as I was during my life time as witness hereto I have this twenty third day of February 1792 set my hand and Seal and signed my name at the bottom of each Side John Carter LS Signed sealed and published as my last Will and Testament in my presence and in the presence of each Witness hereunto subscribed Samule Luke William Morgan Jas Mercer I do hereby make this as a Codicil to my last Will and Testament which is dated the 23rd of Feby 1792 to prevent any trouble and to explain as far as in my power my intentions concerning the business I am concerned in and in Partnership with Henry Borten Esqr Wm Carter [sic ... should be Henry Bonham, not Borten] Geo T Goodenough and Arthur Atherley Esqrs under the firm of William Pike & Co and under the firm of Pike and Spicer or either of them and whereas we are under terms co??????? in the brewing Trade and distillery trade in an extensive manner and as such Partner I am secured and possessed of or intitled to a share or shares of in Sundry Public houses employed in the said trade or other houses or shares of houses considered as belonging to the said trade in or near Portsmouth the town of Portsea Gosport the Isle of Wight and several other Places or of and in Mortgages or other Charges and incumbrances affecting public houses and other houses and property the managemen of the said business or trades being under my direction to account from time to time ?????? the other parties interest therein for the profits arising thereby and Articles of agreement were executed for continuing the said Business as or in the nature of a Copartnership for a term of years which has since expired and the same are continued at present on the footing of such articles now I hereby authorize direct and impower my said Executors and Trustees named in my said will to preserve and continue my shares and interest in the said Trades in the same manner as if I were living or as near thereto as may be and to sign and execute such or the like articles ^ of agreement which they in their ^ as heretofore executed or any other articles discretion shall think necessary for continuing the said Trades and my shares and Interest therein and to Join and concur in all necessary acts and things and to execute all Deeds and Instruments for the continuance of my shares and interest in the said Joint Trades or Copartnership during such terms as now is or hereafter shall be agreed upon & from time to time to settle and adjust the accounts thereof and to give receipts and discharges for the share and shares of Profits which shall from time to time become due to my Estate on account of the said Trades and also that in Case the term of Years in such Articles to be mentioned shall elapse or sooner at the discretion of my said Executors and Trustees to renew the same and enter into like or other Articles for continuing the said Trades for any further term of years or other period as my said Executors or Trustees ^ shall ^ or their Heirs Executors and may renew the said agreement from or Admors of the said time to time as often as the Case shall require also survivors of them that it shall be lawful for my said Exors or my said Executors or Trustees to advance and pay any part of the monies Trustees which shall come to their hands by any of the means aforesaid toward increasing the Capital & Joint Stock of the said Brewery & Distillery and for carrying on the same in a more extensive manner or otherwise for the apparent benefit of the said Trade ^ but this my Codicil is not ^ provided that all to prevent the Sale of my said share or shares in the parties interested any part of the houses or property belonging to the therein do in like said Trades should it be necessary to discharge any of manner advance my Debts that may be owing or due from me supposing such Sums of Money my other property shall not discharge the same or as shall bear an my said Executors or trustees should think the adequate proportion disposal of the said Trades or property connected with to the Monies to it will be for the most advantage to my said Children be advanced by & or Child as mentioned in my said will In Witness out of my Estates whereof I have this twentieth Day of Feby according to our 1794 set my hand and Seal John Carter LS several Shares and Signed sealed and published as a Codicil to my said Interest in the said will and Testament by me in and by the said Witnesses Trades in the presence of each other the Erasements and Interlineations or words put in being first made Josh Collins John Lawes Danl Collins Parish Officers of Portsea Whereas before the Death of my Father John Carter Esquire I made my last will & Testament charging all my Estates wheresoever situated freehold leasehold and personal to pay all or any Debts that may be due from me at my decease which property I now charge and confirm and also whatsoever property either freehold or leasehold came to me under his will and Settlement on his marriage and I likewise at his Death came into possession of the house in Saint Thos Street in the occupation of Mr Marder and the Stable in the said Street in my own occupation as heir at Law to the said Freeholds now my will is to the said house and stable is to exonerate the said freeholds from all charges of any Debts that may be owing or due from me at my decease and that good to my only Son John Carter as heir at Law and not by devise or will that I have made or may hereafter make and further since the making of my said will my two Daughters Ann & Susanna are married to Captn Eveligh and Capn Giffard on whom I charged or settled on part of my Freehold Estates L100 annually to each of them now the said Charge of L100 per year is to be part of what may come to them at my Death under my said Will and my other Children are to be entitled to L100 pr year each of my said property to be on the same footing as my said Daughters and If either of my Children now living at the date of this my Codicil to my said will should be married and leave Child or Children the said Child or Children shall be intitled to their Father or Mothers share that is one sixth part of my property except should my wife Survive me then she is to be intitled to L100 per year during her life and at her Death to come equally to my Children which during her life will be one seventh part as by my will she was to be equal to each of my Children and I further mean that what my said Wife shall take as her share or part of my property at her Death is to be equally divided to my Child or Children or their heirs as before mentioned as Witness my hand and Seal this 9th Day Decr 1807 John Carter LS Signed sealed and delivered on the the other side and the two first sides with the Initials of my name in my presence and in the presence of each Witness as a Codicil to my said Will Elizabeth Carter William Edgell Wyatt Ma?? 29 R?? John Adam Carter This Will was proved at London with two Codicils the thirteenth Day of August in the Year of our Lord one thousand eight hundred and eight before the Right Honorable Sir William Wynne Knight Doctor of Laws Master keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oaths of Dame Dorothy Carter Widow the Relict of the deceased and Arthur Atherley Esqr the surviving Executors named in the said Will to whom admon was granted of all and singular the Goods Chattels and Credits of the said deceased they having been first sworn by Commission duly to administer
Last Modified: Thursday, 15-Sep-2011 19:43:34 NDT