10 March 1837 Will of James Seager of Poole, esquire (proved 22 September 1838)

Source: TNA, PROB 11/1901

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This is the last Will and Testament
of me James Seager of the Town and County of Poole Esquire I give devise & bequeath
unto George James Luke Noble of Upper North Street in the County of Middlesex Gentleman
and John Noble of the Bank of England Gentleman and Henry Mooring Aldridge of Poole afore
said Attorney All my messuages lands tenements hereditaments Property Estate Debts and
Effects whatsoever and wheresoever both real and personal of which I shall die seized
possessed of interested in or entitled unto To hold the same unto the said George James Luke
Noble John Noble and Henry Mooring Aldridge their heirs executors admors and assigns until
my son James Gaden Seager shall attain the age of twenty one years or shall die under that
age Upon trust to apply in and for the maintenance and education of my said Son the rents interest
dividends and profits thereof or so much thereof as my trustees shall deem adequate for that
purpose And as to the residue of such rents interests dividends and profits Upon trust to lay out
the same upon real or Government security and improve the same as an accumulating fund
varying the investment from time to time as often as my said trustees shall think proper with
power to apply the income arising from such accumulation and if they shall think fit the capi-
tal also for the maintenance & advancement in life of my said Son and upon the attainment



by him of the age of twenty one years then upon trust to transfer and pay over all my
Personal Estate and the accumulations arising therefrom and from my real Estate or so much
thereof as shall remain unapplied to the purposes aforesaid unto my said Son for his own use
and benefit And immediately on my Son James Gaden Seager attaining the said age of twenty
one years or in case he shall attain such age in my lifetime then immediately on my decease
I devise all my real estate to the uses following (that is to say) to such uses for such estates and
for such purposes as my said son James Gaden Seager by any deed or deeds to be executed
by him in the presence of and to be attested by one witness or more or by his last Will and
Testament in writing shall appoint and in default of such appointment to the use of my said
son James his heirs and assigns for ever And in case my said Son James shall die under
the age of twenty one years I give devise and bequeath all my said real and Personal
Property whatsoever and wheresoever unto the said George James Luke Noble and John
Noble their heirs executors admors and assigns absolutely for ever to take as tenants in
common and not as joint tenants I give devise and bequeath all the estates vested in me or any
trusts or by way of mortgage and which I have power to dispose or by this my Will with their
appurtenances unto the said G.J.L. Noble and J. Noble and H.M. Aldridge their heirs executors
admors and assigns according to the nature and quality thereof respectively Upon trust to hold
or dispose of the said trust estates in the manner in which they ought to be held or disposed of
pursuant to the said trusts and upon payment of the money secured on mortgage to convey or
assign the estates in mortgage to the person or persons entitled thereto for the time being And
I declare that the money secured upon such mortgages shall be considered and taken as part of
my Personal Estate Provided always and I do hereby declare that the receipt or receipts of the
said George James Luke Noble John Noble and Henry Mooring Aldridge and of the survivors 
and survivor of them respectively and the executors admors and assigns of such respective survivor
for any money payable to them or him respectively by virtue of these presents shall effectually
discharge the person or persons paying the same from being answerable or accountable for
the mis-application or non-application thereof or from being obliged to see to the application
thereof Provided also that if the trustees appointed in this my Will or to be appointed as herein
after is mentioned or any of them or their or any of their heirs executors admors and assigns
shall happen to die or be desirous of being discharged from or refuse or decline or become incapable
to act in the trusts hereby in them respectively reposed as aforesaid before the said trusts shall
be fully executed then and in such case and when and so often as the same shall happen it
shall and may be lawful to and for the then surviving or continuing trustees or trustee or the
executors or admors of the last surviving or continuing trustee by any deed or deeds intrument
or instruments in writing to be by them him or her sealed and delivered in the presence of and
attested by two or more credible witnesses from time to time to nominate substitute & appoint
any person or persons to be a trustee or trustees in the stead or place of the trustees or trustee so
dying or desiring to be discharged or refusing or declining or becoming incapable to act as aforesaid
And when and so often as any new trustee shall be nominated and appointed as aforesaid
all the trust estates monies and premises the trustee or trustees whereof shall so die or desire to
be discharged or refuse or decline or become incapable to act as aforesaid shall be thereupon
with all convenient speed conveyed assigned and transferred in such sort and manner and so as
that the same shall and may be legally and effectually vested in the person or persons so to be
appointed as aforesaid either solely or jointly with the surviving or continuing trustee or trustees
as occasion shall require to the uses and upon and for the trusts intents and purposes herein
before expressed and declared of and concerning the said trust estates monies and premises or
such of them as shall be then subsisting undeteremined and capable of taking effect and the
person and persons so to be appointed as aforesaid shall have all the powers and authorities
of the trustee or trustees in whose room he or they shall be substituted Provided also that the
said several trustees hereby appointed and to be appointed as aforesaid and each and every of them
and the heirs executors admors and assigns of them each and every of them shall be charged
and chargeable respectively for such monies only as they respectively shall actually receive by virtue
of the trusts hereby in the reposed notwithstanding their or any of their giving or signing or
joining in giving or signing any receipt or receipts for the sake of conformity And any one
or more of them shall not be answerable or accountable for the others or other of them nor
for involuntary losses And also that it shall and may be lawful for them with and out of the
monies which shall come to their respective hands by virtue of the trusts aforesaid to retain to and



reimburse themselves respectively and also to allow their respective Co-trustees or Co-trustee
all costs charges damages and expenses which they or any of them shall or may suffer sus-
tain expend disburse be at or be put unto in or about the execution of the aforesaid trusts
or in relation thereto And I do hereby nominate and appoint the said G.J.L. Noble J. Noble
and H.M. Aldridge to be Executors of this my Will and Guardians of the person & estate
of my said Son during his minority And lastly I revoke all other Testamentary dispositions
In Witness whereof I the said James Seager 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 the four preceding sheets and to this fifth and last sheet my hand and
seal this tenth day of March One thousand eight hundred and thirty seven  Jas Seager  LS
Signed sealed and published by the said testator as and to be his last Will and Testament
in the presence of us who in his presence and at his request have hereunto subscribed our
names as witnesses  W. Overell Jr  Fredk Adney  T.M. Phippard Clerks to Mr
Aldridge Solr Poole

Proved at London 22nd September 1838 before the Judge by the Oaths of George
James Luke Noble and John Padmore Noble (in the Will written John Noble) the Nephews and
Henry Mooring Aldridge the Executors wo whom Admon was granted having been first sworn to
wit the said George James Luke Noble and Henry Mooring Aldridge by Commission and the said
John Padmore Noble before the Worshipful John Danbeny Dr of Laws & Surrogate duly to administer

Last Modified: Thursday, 14-Aug-2014 14:23:59 NDT