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Source: TNA, PROB 11/1196
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I John Green of the Town and
County of Poole Merchant being of perfect Memory and
understanding praised be God do make and declare this to
be my last Will and Testament in Writing in manner and
form following that is to say First I order and direct that
all my just Debts and Funeral Expences shall be paid and
discharged and to and with the Payment thereof I subject
all my real and personal Estate Also I give and
bequeath unto my well beloved Wife Sarah Green and unto
my good Friends Thomas Durell Esqr of the Royal Navy
and George Kemp of the Town and County aforesaid
Merchant the Sum of Ten Thousand Pounds Sterling upon
the Trusts hereinafter expressed vizt In Trust to place the
same at Interest either in the Bank of England or some
approved real Security or Securities and to pay or permit my
said wife to receive the whole Dividends and Interest thereof
for her support and Maintenance during her Widowhood
but in case she shall happen to marry again Then
upon Trust that the said Thomas Durell & George Kemp
or the Survivor of them shall immediately thereafter transfer
or assign one Moiety or half part of the said Ten
Thousand Pounds or the Stock or Securities wherein the
same shall be invested to my said wife Sarah for her own
sole use and disposal without being subject to the debts
controul or intermeddling of any Person with whome she
may so marry and as to the other Moiety of the
said Ten Thousand Pounds Then upon trust that the
said Thomas Durell and George Kemp shall stand and
be possessed thereof and of the Securities for the same
for the use and Benefit of all my children by my said
Wife who shall be living at my decease in equal
Shares and Proportions during their respective Minorities
and as soon as they shall severally attain to the age of
twenty one years Then In Trust that they shall divide
or assign the same Moiety or Securities to and amongst
such children share and share alike but if my said Wife
shall continue my widow during her natural life then In
Trust as to the said Ten Thousand Pounds or the Securities
taken for the same that the said Thomas Durell and
George Kemp or the Survivor of them shall immediately
after my said Wifes decease pay or transfer one Moiety
thereof to all my said children in equal shares and
Proportions if they shall then have attained their ages
of twenty one years but if any or either of them
shall be under the said Age when that event shall
happen then that they the said Trustees or the Survivor
of them shall lay out or apply the Dividends or Interest
arising from the Part or Shares of such Moiety
belonging to such Child or Children so under Age to his
her or their Advantage until he she or they shall be
capable of accepting a transfer or assignment of such
part or share and In Trust as to the other Moiety or
half part of the said Ten Thousand Pounds or the Securities
for the same that they the said Trustees or the Survivor
of them do and shall immediately after my said Wife's
decease (she dying my widow) pay and transfer such
Moiety to such of my said Children in such shares and
Proportions and in such manner as my said Wife shall by
any Deed or Instrument in writing or by her last will and
Testament in Writing direct or appoint but in default
of such direction or appointment to my said Children
equally Also I give and devise to my said wife Sarah
my Dwelling House with the Hereditaments and Appurts
wherein I now reside situate int he Town and County of
Poole aforesaid unto the said Thomas Durell and George
Kemp and to their Heirs and Assigns to the several users
and upon the several Trusts following that is to say
In Trust to permit and suffer my said Wife Sarah to
hold and enjoy the same or to receive the Rents and
Profits thereof to her own use during the term of her
natural Life and from and after her decease to the
use of my said Son John Green for and during the term
of his natural life and from and after the determination
of that Estate to the use and behoof of the said
Thomas Durell and George Kemp and their Heirs
during the life of my said Son In Trust to preserve
the contingent Remainders thereof hereinafter limitted
from being defeated or destroyed and for that purpose
to make Entries and bring Actions as Occasion shall
require yet nevertheless to permit and suffer my said
Son to receive the Rents and Profits thereof during his
life and from and immediately after the determination of
that Estate then to the use and behoof of the Issue
of the Body of my said Son lawfully to be begotten
for such Estate and Estates and in such manner as
my said Son John shall in and by his last Will and
Testament in Writing or by any Deed duly executed
direct limit or appoint and for want of such Direction
limitation or appointment to the use of all such Issue
and their Heirs as Tenants in common and not as
joint Tenants but if my said Son shall happen to
die leaving no such Issue Then I give and devise the said
Dwelling House and Premisses unto all my Daughters
who shall be then living and their respective Heirs as
Tenants in common and not as joint Tenants Also I
give and devise unto the said Thomas Durell and
George Kemp and to their Heirs all those my Farms and
?????s situated in the Parishes of Longham and
Hampreston in the Counties of Hants and Dorset now
in the tenure of Richard White called by the Names of
Redmans and Spencers to the uses and upon the trusts
hereinafter mentioned that is to say In Trust to permit
and suffer my dear wife to receive and take the Rents and
profits of the said several Farms during the Minority of
my said son John Green and to apply the same towards
the Maintenance and Education of all my Children in
general and as soon as my said Son shall have attained
his Age of twenty one years Then to the use of my said
Son John for and during the term of his natural life and
from and after the determination of that Estate to such
uses and upon the same Trusts as are hereinbefore limitted
and declared in respect to my present Dwelling House
hereinbefore described and to and for no other uses Interests
or purposes whatsoever also I give and devise to my
said son John Green my Moiety and share of and in the
several Plantations and Fishing Rooms and the Stores and
Buildings thereon erected situate at Carbonear and the
Harbours adjoining and adjacent in the Bay of
Conception in the Island of Newfoundland with all the
Houses Outhouses Stores Flakes and Appurtenances thereto
belonging as the same now are in the joint possession of
myself and my Brother Young Green To hold the said
Moiety of the said Premises to my said son John and
his Heirs for ever he or they suffering my said Wife to
receive the Rents and Profits thereof to her own use
during his minority Also I give and devise to the said
Thomas Durell and George Kemp and to the Survivor
of them his Heirs and Assigns all that Messuage or
Tenement with the Quays Appurts wharfs and Storehouses
thereto belonging which I sometime since purchased of
Mr Peter Jolliffe situated near the Head of the Great
Quay in the Town and County of Poole aforesaid In Trust
as soon as conveniently may be after my decease to sell
and dispose of the same Premisses for the best price
that can be obtained and I do declare that the Receipt
of the said Thomas Durell and George Kemp or either
of them or thei Heirs of the Survivor of them shall be
a good and effectual discharge in the Law to any
Purchaser or Purchasers for the Monies arising by such
Sale which Monies I hereby order and direct shall be
consolidated with and applied and appropriated in like
manner as the rest of my Personal Estate Also I give
and bequeath to my said Wife Sarah and to the said Thomas
Durell and George Kemp and to the Survivors or Survivor of
them his or her Executors or Administrators the Sum of
eight thousand pounds and five hundred pounds Sterling Upon
Trust to place the same at Interest on Government or Real
Securities and to pay and apply the Interest or Dividends
thereof as follows vizt the Interest to arise from the Sum
of two thousand and five hundred pounds to and for the
use and Benefit of my said son John during his Minority
and the Interest and Dividends which shall arive from
the remaining six thousand Pounds to and for the use
and benefit of my three Daughters namely Susanna
Elizabeth and Sarah in equal Shares and Proportions
during their respective Minorities and in Trust as soon
as my said son John Green shall attain to his age of
twenty one years to pay or transfer to him the Nett Sum of
Two
two thousand and five hundred pounds part of the said
Sum of eight thousand and five hundred pounds or a
proportion of the Securities taken for the same for his own
use and disposal and as soon as my said three Daughters
shall severally attain to the same Age then In Trust to
pay or assign to them severally immediately thereafter the
sum of two thousand Pounds apiece or the securities
taken for the same being the Residue of the said Eight
thousand and five hundred Pounds the Trust Monies
above mentioned and in case I shall leave any afterborn
child or children or my wife shall be ensient at the time
of my decease then I give and bequeath unto my said wife
adn the said Thomas Durell and George Kemp and to
the Survivor of them the Sum of one thousand Pounds
Sterling apiece for each and every such afterborn child
or children to be placed out for their benefit and paid
and applied for their use in like manner as I have before
directed in respect of the Legacies given to my other
Children also I give to my Brother Young Green the
Sum of one hundred Pounds to be paid to him in six
Months after my decease also I give to the said Thomas
Durell and George kemp the Sum of Fifty Pounds each
provided they shall undertake the Execution of the
trusts reposed in them by this my will which Legacies
shall be paid to them in six Months after my death
I also give to my clerk William Adey the Sum of
twenty Guineas if he shall be living with me at my
decease to buy him Mourning and to be paid to him
in one Month thereafter and my further will and Meaning
is that if it shall happen by reason of unforeseen
events or losses in Trade or in the Recovery and collecting
my Debts and Effects my present Estate and Circumstances
shall be reduced so as that the whole of the specifi???
Legacies hereinbefore by me given and bequeathed cannot
be paid and discharged according to my Intention for
want of sufficient Assets for that purpose then and in
such case I do order and direct that the deficiency (if any)
shall be made good out of the several Legacies and
Sums of Money so left in trust to my said Children as
aforesaid rateably and proportionably to such Legacies
but that the several Devises and Bequests in favour of
my said wife shall not on any account be affected thereby
or any ways be diminished and shall at all Events be
enjoyed by her without any reduction and my further will
and Meaning is that if my said wife shall maintain cloath
educate and support all my children during their respective
Minorities and she shall also waive and relinquish all her Estate and
Right of Dower of and in all my Freehold Messuages Lands
and Hereditaments whereof I shall die seized except my
present Dwelling House she shall have and be entitled to
receive all the Interest Monies and Dividends which shall
accrue or become due on the several Sums of Money herein
before mentioned and given in Trust for the benefit of my
said Children until they shall respectively attain the
aforesaid age of twenty one years any thing before
expressed to the contrary notwithstanding and my further
will and Meaning also is that if any or either of my said
Children or any afterborn child or children shall happen to
depart this life before he she or shall have arrived to the
age of twenty one years without leaving any lawful Issue
of his her or their Body or Bodies the part and share of
him her or them so dying of and in all and every the Estate
Effects and monies hereby to them respectively given or
devised shall go to and be enjoyed by such of my said
children as shall attain to the aforesaid age in equal
shares if more than one and in like manner as such
deceased child or children would have been entitled thereto
if living but if any of my said children shall happen
to die under the aforesaid Age leaving any Issue of
his her or their Body or Bodies lawfully to be begotten
then I will and direct and I do declare that such Issue
shall have and be entitled unto such part and share
of and in my said Estates Effects and Monies as his her
or their Parent or Parents would have become entitled
to at the time of his her or their attaining to the said
Age of twenty one years to be divided equally amongst
such Issue if there shall be more than one also I do give
and bequeath unto my said Wife all my Household Goods
Furniture Linnen Liquors and China for her own use and
likewise the use of all my Plate during the time she shall
continue my Widow and from and after her death or Marriage
I give the same to my said Son John Green and all
thereof and residue of my Estates both Real and
Personal Goods Chattels Effects Monies and Securities
for Money and property whatsoever and wheresoever
not hereinbefore particularly disposed of I give devise
and bequeath unto my said beloved wife Sarah Green
her Heirs Executors and Administrators for her and their
own use and disposal And I do hereby nominate and
appoint the said Sarah Green Thomas Durell and
George Kemp joint Executors of this my said will
and I do hereby authorize and empower them and
each of them to repay & reimburse themselves and either
of them all costs and charges which they or any of
them shall sustain or be put unto in the Execution of
this my will or the Trusts therein contained or for any
thing that shall relate thereto and I do hereby expressly
declare that neither my Trustees nor Executors or any of
them shall be answerable or accountable for any Losses
or Damages which shall happen to any part of my Estates
without his her or their wilful default and that neither of
them shall be responsible for the neglect default Acts or
Deeds of the other of them but each of them for his or her
own Neglect Default Acts and Deeds only and I do hereby
revoke and make void all former Wills by me made In
witness whereof I have to this my said last Will contained
on four Sheets of Paper to the three first thereof subscribed
my Name and to the last set my Hand and added my Seal
the second Day of February in the year of our Lord one
thousand seven hundred and eighty five Jno Green
Signed Sealed Published and Declared by the Testator John
Green as and for his last Will and Testament in the
presence of us who in his presence and at his request
and in the presence of each other have attested the same
several Interlineations being first made also Razures John
Kemp Abm Christian Benjn Coward
Whereas since the Date and Execution of
my Will above written I have purchased of Joseph Nea??
the younger the Free Simple and Inheritance of a small
estate called Fonds situate in the Parishes of Longham
and Hampreston in the Counties of Dorset and Southampton
or one of them and I am also seized of one acre of
Meadow Ground in Eye Mead in the Parish of Longham
aforesaid which is not devised by my said will Now I
do by this present writing which I will shall be taken
as a codicil to and as part of my said will give and
devise the said Estate called Fonds and the said Acre
of Meadow Ground with the Appurtenances unto Thomas
Durell and George Kemp the Trustees named in my said
Will and their Heirs To for and upon the same uses
Trusts Intents and Purposes as I have given and
devised or meant to give and devise in and by my said
will my other Lands and Estates in the said will
mentioned situate at Longham and Hampreston aforesaid
that is to say In Trust to permit and suffer my wife
Sarah Green to receive and take the Rents and Profits
thereof during the Minority of my son John Green and to
apply the same towards the Maintenance and Education
of all my Children and as soon as my said Son John
shall have attained his said Age then to the use of my
said Son John for and during the term of his natural life
with remainder to the said Thomas Durell and George
Kemp and their Heirs In Trust to preserve the contingant
remainders after limited with remainder to the use of all and
every the children of my said Son John for such Estates
and in such manner shares and proportions as my said
son shall by Deed or will direct or appoint and for want of
such direction or appointment to the use of all such children
and their Heirs as Tenants in common with remainder to the
use of all my Daughters and their Heirs as Tenants in
common and subject to such provisoes and conditions as
are in my said will mentioned of and concerning my
said Estates at Longham and Hampreston thereby
devised and to prevent any doubt that may arise on the
Construction of the several Devises or Limitations contained
in my said will to my said son John as well of my
Dwelling House with the Hereditaments and Appurtenances
thereto belonging situate in the Town and County of
Poole wherein I resided at the time of making such will
and wherein I now reside as of my Estates and Longham
and Hampreston aforesaid I do hereby declare that it
was and is my Intention that the several Estates
thereof respectively limitted to my said Son John shall be
an Estate for his life only and not an Estate in tail
and that in default of his direction and appointment
of the said respective Lands Hereditaments and
Premisses amongst his children in such manner as he
is impowered to do in and by the said will such children
shall take the same Lands Hereditaments and Premisses
in equal shares under my said Will by purchase and not by
limitation or as Heirs of the Body of my said son any
thing in the said will contained to the contrary thereof
notwithstanding and whereas I have in and by my
said will given and bequeathed unto my said wife
and the said Thomas Durell and George Kemp the
Sum of eight thousand and five hundred pounds In Trust
for my said Son John and my Daughters Susanna
Elizabeth and Sarah in such Proportion manner and
form as in my sais will mentioned Now I do hereby
give and bequeath unto my said wife and the said
Thomas Durell and George Kemp the further Sum of four
thousand Pounds In Trust as to one thousand Pounds part
thereof for the use and benefit of my said Son John as
to one thousand Pounds other part thereof for my Daughter
Susanna as to one thousand Pounds other part thereof for
my Daughter Elizabeth and as to the remaining one
thousand Pounds for my Daughter Sarah the said several
sums to be paid to my said children respectively at such
???? and the Interest thereof to be paid and applied
during their respective Minorities and the same to be
subject to such clauses Powers Provisoes and conditions
and in such manner as are mentioned declared and
contained in my said will of and concerning the respective
Shares of them my said Son and Daughters of and in
the said Sum of eight thousand and five hundred Pounds
thereby bequeathed to and for them respectively as aforesaid
And Whereas some doubts may arise concerning the
disposition in my said will contained of the Purchase
Money to arise from the sale of my Messuage or
Tenement with the Quays Appurtenances wharfs and
Storehouses thereto belonging situate in Poole aforesaid
which I purchased of Peter Jolliff and which are by my
said will directed to be sold Now I do hereby declare
my will to be that the said Purchase Money shall in the
first place be applied to make good the deficiency (if any be)
in my personal estate to raise the several pecuniary Legacies
by
by my said will and by this my codicil bequeathed
and subject to the making good of such deficiency I
will that such purchase Money shall go and be paid
to and for the sole use and benefit of my said wife the
Residuary Legatee named in my said will And I do
hereby ratify and confirm my said will in all other respects
In Witness whereof I have hereto set my Hand and Seal
the thirteenth Day of June in the year of our Lord one
thousand seven hundred and eighty seven Jno Green
Signed Sealed Published and declared by the said John Green
the Testator as and for a codicil to his last will and
Testament in the presence of us who in his presence and
in the presence of each other have subscribed our Names
as witnesses thereto Mary Dean Wm Dean H G Stephens
This Will was proved at London with a
codicil on the fifteenth day of October in the year of
our Lord one thousand seven hundred and ninety before
the Right Honourable Sir William Wynne Knight
Doctor of Laws Master Keeper or Commissary of the
Prerogative Court of Canterbury lawfully constituted
by the Oaths of Sarah Green Widow the Relict of the
deceased Thomas Durell and George Kemp Esquires
the 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
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Last Modified: Wednesday, 31-Jul-2013 20:23:58 NDT