Source: TNA, PROB 11/2017
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This is the last Will and Testament of me William Green of the Town and County of Poole Gentleman I give and bequeath unto my dear wife Chatfield Green and my friends John Brown of Poole aforesaid Merchant William Williams of the same place Gentleman and Mark Seager of the same place Gentleman their executors administrators and assigns all and singular my household goods and furnituve plate linen china books prints and pictures upon trust as soon as conveniently may be after my decease to make or cause to be made a Schedule or Inventory thereof and procure the same to be signed by my said wife and thereupon and thenceforth to permit and suffer my said wife to take possession of and have hold use and enjoy my said household goods and furni- ture plate linen china books prints and pictures during her life without being answerable for reasonable wear and tear in the use of the same and after the decease of my said wife my will is that my said household goods and furniture plate linen china books prints and pic- tures shall fall into and form part of the residue of my estate and effects hereinafter disposed of and I give devise and bequeath all and every my messuages lands tenements and hereditaments situate and beign at Poole aforesaid or elsewhere and all my ready money and securities for money and other my residuary Personal Estate and Effects whatsoever and wheresoever which I may be seized of in- terested in or entitled unto at the time of my decease unto the said Chatfield Green John Brown William Williams and Mark Seager and to the survivors and survivor of them their and his heirs executors administrators and assigns according to the natures and qualities of the same estates and property respectively upon and for the trusts intents and purposes following that is to say In trust in the first place by and out of my said residuary personal estates and effects to pay and discharge my just debts funeral and testamentary expences and in the next place upon trust to permit and suffer my said Wife Chatfield Green and her assigns to have receive and take the rents issues profits dividends interest and annual produce of the said trust estate for and during the term of her natural life for the mainten- ance and support of herself and of such of my children who shall remain with her and shall not have been married and from and after the decease of my said wife upon trust that my said trustees or the survivors or survivor of them their or his heirs executors or adminis trators do and shall as soon as conveniently may be thereafter offer to sell unto my son William Seager Green at the sum of one hundred and fifty pounds all those my freehold tenements situate in LegLand Street which I lately purchased of my brother in law Captain John Seager and in case my said son shall not consent to accept such offer within one month after the making thereof then I direct that my said trustees or trustee for the time being shall make the like offer (allow- ing the period of one month to elapse between every such offer which shall be made) to each of my other children who shall then be living severally and successively and in remainder one after another in order and course as shall children shall respectively be in priority of birth every elder of such children being always to have the first offer and be preferred to every younger of such children Provided always and my will is that my said trustees or trustee for the time being shall and will as soon as conveniently may be after the decease of my said wife absolutely sell and dispose of all and singular my other messuages lands tenements and hereditaments as well as those hereinbefore direc- ted to be sold in case the same shall not be accepted upon the terms aforesaid and also my household goods plate linen china and other effects either by public auction or private sale and in such lots or parcels as my said trustees or trustee for the time being shall see most advisa- ble and to convey assign and deliver the same as well as all other premises hereby directed to be sold unto the purchaser or purchasers thereof or as he she or they shall direct and to receive the money arising from the sale or sales thereof and to give effectual discharges for the same exonerating the purchaser or purchasers from all liability in respect thereof and by and out of the monies to arise from such or sales and the rents and profits thereof in the meantime do and shall ^ stand possessed of and interested in the residue of ^ pay and discharge the costs and the monies to arise from such sale or sales as aforesaid as also the expences incident to such sale or sales and the execution of ??????? ?????? ?????? and do and shall monies to be called in and received from other parts of my said residu- ary estate and effects upon and for the trusts intents and purposes follow- ing that is to say upon trust to divide the same to and amongst all my children that shall then be living and the lawful issue then living of any child or children of mine that shall be dead as tenants in common in a course of distribution according to the stocks and not to the number of individual objects and so that the issue of a deceased child or children shall take by way of substitution the share or respective shares only which the parent or respective parents would if living have taken and in case all my said children and their issue save one of such children or issue shall die in the lifetime of my said wife then I direct that the whole of such residuary estate and effects as aforesaid shall be paid to such one of the children or issue absolutely Provided also and I do hereby empower my said trustees or trustee for the time being to compound or allo time or accept security real or personal for the pay- ment of debts owing to my estate and to adjust by arbitration or otherwise disputes in relation thereto or in relation to debts or demands against my estate and I also empower my trustees or trustee for the time being in the sale and conversion of my trust estate to give such credit as they or he shall think proper I devise to the said Chatfield Green John Brown William Williams and Mark Seager and the survivors and survivor of them their and his heirs executors administrators and assigns all the estates vested in me as mortgagee or trustee subject to the equities and trusts affecting the same respectively and I declare that the receipts of my trustees or trustee for the time being to purchasers and others for moneys paid to my said trustees or trustee for the time being shall be sufficient discharges for the same and from all liability to see to the application thereof and as to the monies to arise from the execution of the trusts hereinbefore contained concern- ing my real estates and residuary personal estate and not presently applicable to the purposes of my will I direct my said trustees and tru- tee for the time being to invest the same in their or his names or name or in or upon any of the public stocks funds or securities of the United Kingdom or any real securities in England or Wales and I authorize them or him to vary and transfer at their or his dis- cretion as well the stocks funds and securities whereon such invest- ment shall be made as any stocks funds or securites which shall at my decease compose part of my personal estate for any other stocks funds or securities of the description contemplated by the preceding direction and in case my said trustees or either of them shall die in my lifetime or shall on my decease renounce the trusts of my will or in case any trustee for the time being shall die or become unwilling or unable to act or shall cease to reside in England then I empower the surviving or continuing trustees or trustee for the time being or in default of any such then the retiring trustee or the executors of administrators of the last deceased trustee as the case may be by any writing to nominate a new trustee or new trustees for the purpose of filling such vacancy or vacancies and such new trustee or trustees shall have the same powers in all respects as the trustees hereby appointed and I direct that the respective trustees for the time being of this my will shall be responsible only for so much money as shall come to their respective hands and that they shall not be answerable for involuntary losses or for the acts deeds or defaults of each other and I expressly and specially declare that any trustee who shall payover to his cotrustee or shall do or concur in any act enabling him to re- ceive any monies with a view to the same being applied to the general purposes of my will or for any definite or prescribed purpose authorised by my will shall not be obliged to see to the due application thereof nor shall such trustee be subsequently rendered responsible by any express notice or intimation of the actual misapplication of the same monies nevertheless I declare that this clause shall not in any manner be construed to restrict the power of any trustee to require from his Cotru- tee an amount of the application of the moneys in his hands or to insist on his replacing any sum or sums which such trustee may have mis applied my sole intention being to relieve my trustees from the operation of the rule of equity which renders one trustee liable to make good moneys misapplied by his Cotrustee being convinced that this exemp- tion from legal responsibility will not induce them to abate their friendly viligance and I empower my trustees or trustee for the time being to retain and allow to each other the costs and expences incurred in the execution of the trusts or in relation thereto and lastly I appoint my said wife and the said John Brown William Williams and Mark Seager Executrix and Executors of this my will hereby revoking all former and other wills by me at any time heretofore made and declaring this only to be my last will and testament In Witness where- of I the said William Green the Testator have to this my last will and testament contained in five sheets of paper set my hand and seal to wit my hand to and at the bottom of each of the four preceding sheets and my hand and seal ^ at the top of the said sheets where ^ to this fifth and last sheet and all the said sheets are fixed together this seventeenth day of July my seal one thousand eight hundred and thirty nine W Green LS Signed sealed published and declared by the said Testator as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have hereunto sub- scribed our names as witnesses H M Aldridge Attorney at Law Poole Thos M Phippard Clerk to Mr Aldridge This is a Codicil to the last will and testament of me William Green of the Town and County of Poole Gentleman which will is comprised in this and the four preceding sheets and bears date the seventeenth day of July instant Whereas by my said will I have given and bequeathed unto my dear wife Chatfield Green and my friends John Brown Merchant William Williams Gentleman and Mark Seager Gentleman all and singular my household goods and furniture plate linen china books prints and pictures upon certain trusts therein particularly mentioned Now I do hereby revoke the bequest of the said household goods and furniture plate linen china books prints and pictures as aforesaid and the trusts consequent tehreupon and in lieu thereof I do hereby give and bequeath the said household goods and furniture plate linen china books pritns and pictures together with all and singular other my household effects unto my dear wife the said Chatfield Green to and for her own use absolutely and in all other respects I do here- by confirm my said will In Witness whereof I have hereunto set my hand and seal this twenty fifth day of July one thousand eight hundred and thirty nine W Green LS Signed sealed published and declared by the said Testator as and for a Codicil to his last Will and testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses H M Aldridge Atty Poole Thos M Phippard Clerk to Mr Aldridge Proved at London with a Codicil 20th May 1845 before the Judge by the Oaths of Chatfield Green Widow the Relict John Brown and William Williams the surviving Executors to whom Administration was granted having been first sworn (by Commis- sion duly to administer
Last Modified: Tuesday, 13-Aug-2013 22:27:19 NDT