10 June 1804 Will of Curtis Tito of Portsea, spinster (proved 20 Mary 1809)

Source: TNA, PROB 11/1498

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This is the last Will
and Testament of me Curtis Tito of Portsea in
the County of Southampton Spinster Whereby I
recommend my Soul to God and dispose of my
Worldly Estate and Property in manner following
(that is to say) First and Principally I will and
direct that all my Just Debts Funeral Expences
and the Charges of Proving this my Will shall
be fully paid and satisfied by my Executors
hereinafter named and Subject thereto I give and
bequeath one full Moiety or half part of all and
every my Monies in the Public Funds ready
Money and Securities for Money and all other my



Personal Estate Goods Chattels and Effects whatsoever
and wheresoever and of what nature or kind or quality
soever the same shall or may consist at the time of
my decease unto my affectionate Nephew John
Phippard of Portsea aforesaid Gentleman his Exors
and Administrators to and for his and their own use
and benefit and as to for and concerning the other and
remaining Moiety or half part of my said Personal
Estate Goods Chattels and Effects which I shal die
possessed of I give and bequeath the same and every
part thereof unto my good Friend Thomas Young
Bird of Portsea aforesaid Esquire and my said Nephew
John Phippard their Executors Administrators and
Assigns In trust to sell dispose of collect receive and
get in and convert the said last mentioned Moiety
of my said Personal Estate and Effects into Money
and to place out or invest the Money therefrom
arising in or upon Government or real Securities
at Interest and from time to time transfer vary and
transpose such Securities and Funds as often as
they shall think necessary and to stand and be
possessed of the Money so to be placed out or
invested and the Stocks Funds and Securities in or
upon which the same shall be invested or placed out
upon the Trusts following (that is to say) upon such
Trusts and to and for such Intents and purposes and
under and subject to such powers provisoes and
Declarations as Ann Phippard the Wife of my
Nephew Tito Phippard of Bishopsgate Street in
the City of London Merchant notwithstanding her
Coverture and whether she shall be sole or married
by any Deed or Deeds Writing or Writings with or
without power of revocation to be by her Signed
Sealed and Delivered in the presence of and to be
attested by two or more credible Witnesses shall
direct or appoint and in default of and in the mean
time until some such Direction or appointment shall
be made and as to so much and such part or parts 
thereof whereof no such Directino or appointment
shall happen to be made and also subject to any
such Direction or appointment where the same
shall happen not to be a compleat or intire
appointment of the whole Interest and property
therein In trust to pay the Interest Dividends and
Annual Proceed thereof into the proper hands of
the said Anna Phippard or to the hands of such
person or persons as she by any Note or Writing
under her hand shall from time to time but not 
by way of anticipation appoint to receive the same
during her life to the interest that the same may be
for the sole and separate use of the said Anna
Phippard and may not be subject to the Debts Controul



Disposition or Engagements of the said Tito Phippard
her said Husband or any other person with whom
shey may after his decease happen to Intermarry
And I do hereby declare and direct that the Receipt
or Receipts of the said Anna Phippard or of such
Person or Persons as she shall appoint to receive
the same and her or their Receipt or Receipts only
shall be a good and sufficient Discharge and
Discharges to the person or persons paying the
same or so much thereof as in such Receipt or
Receipts shall be acknowledged or Expressed to be
received and from and after the decease of the said
Anna Phippard upon such Trusts and to and for such
Trusts Intents and purposes and under and subject
to such powers provisoes and Declarations as the
said Anna Phippard notwithstanding her Coverture
and whether she be sole or married by her last
Will and Testament ^ to be by her Signed and			^ in Writing or any
Published in the presence of and to be attested by		  Writing purporting
two or more credible Witnesses shall direct or 			  to be her last Will
appoint and in default of and in the mean time			  and Testament
and until some such Direction or appointment shall
be made and as to so much and such part or parts
thereof whereof no such Direction or appointment
shall happen to be made and also subject to such
Direction or Appointment when the same shall
happen not to be a compleat and intire 
appointment of the whole Interest and property
therein In trust for such Person or Persons of the
Blood and kindred of the said Anna Phippard
Living at the time of her decease as would by virtue
of the Statue  of Distributions
become intitled to her Personal Estate in case
she were to die a Widow and Intestate and in
the same Shares as he she or they would in that
case become intitled to the same And I nominate
constitute and appoint the said Thomas Young Bird
and John Phippard Executors of this my Will and
I declare and direct that my said Executors and
Trustees shall not be answerable for one anothers
Acts and by no means for involuntary Losses and
that they shall be allowed and may retain to and
reimburse themselves all their Costs Charges Damages
and Expences to be occasioned by the due Execution
of the Trusts hereby in them reposed And I hereby
revoke all former Wills In Witness whereof I the
said Curtis Tito the Testatrix have to this my
last Will and Testament contained in this and
the annexed Sheet of paper to each Sheet
thereof set my hand and Seal this tenth Day of
June in the year of our Lord One thousand Eight
hundred and four  Cutis Tito her mark  LS  Signed



Sealed Published and Declared by the said Curtis Tito
the Testatrix as and for her last will and Testament
in the presence of us who in her presence at her
request and in the presence of each other have
subscribed our Names as Witnesses hereto  G Stevens
Ar Poulden

This is a Codicil
to be added to and taken as part of the last Will and
Testament hereunto annexed of me Curtis Tito of
Portsea in the County of Southamptson Spinster
which bears Date the tenth Day of June One
thousand Eight hundred and four Whereby I have
given and bequeathed one moiety or half part of
my Personal Estate and Effects unto my Nephew
John Phippard his Executors and Administrators
to and for his and their own use and benefit and
the other or remaining Moiety or half part thereof
I have given and bequeathed unto my good Friend
Thomas Young Bird and my said Nephew John
Phippard their Executors Administrators and
Assigns upon such trusts as therein mentioned and
did thereby appoint the said Thomas Young Bird
and my said Nephew John Phippard Executors
of my said Will and Whereas I am desirous of
adding a third Trustee and Executor to the said
two other Trustees and Executors And Whereas
since making and Executing my said Will my
Nephew Tito Phippard in my said Will named
who then stood indebted to me in the Sum of Five
hundred pounds or thereabout upon Bond has
failed in Business by reason whereof I am
desirous that the Dividend or Dividends Sum and
Sums of Money to arise from his Estate and Effects
and payable to me in respect of the said Five
hundred pounds Debt shall upon my death be
retained by my said Trustees and Executors out
of my said Personal Estate and Effects for the
purposes hereinafter expressed And I do hereby
revoke the bequests contained in my said Will
so far as respects the same and the Legacies
hereinafter mentioned And I give and bequeath
the Dividend or Dividends Sum and Sums of
Money so as aforesaid arising from and be due or
become due and payable to me from the Estate
and Effects of my said Nephew the said Tito
Phippard in respect of my said Debt of Five
hundred Pounds unto my good Friend the said
Thomas Young Bird and Peter Martin of Portsea
aforesaid Esquire their Executors and administrators
upon trust that they or the Survivor of them his



Executors Administrators or Assigns do and shall as
soon after my decease as conveniently may be
purchase by and with such Dividend or Dividends
Sum and Sums of Money an Annuity for the life
of my said Nephew John Phippard for and in his
Name and for his sole use and benefit in such way
and manner as they the said Thomas Young Bird
and Peter Martin or the Survivor of them his
Executors or Administrators shall think most
advantageous And I give and bequeath unto the
said Thomas Young Bird the Sum of twenty pounds
Sterling as a mark of my Esteem for him I likewise
give and bequeath unto Sarah Stevens the Wife
of George Stevens of Portsea aforesaid Cordwainer
the Sum of ten pounds Sterling And I do hereby
Nominate constitute and appoint the said Peter
Martin together with my said two other Trustees and
Executors in my said Will named Trustee and
Executor of my said Will and in every other
respect I do hereby ratify confirm and allow all
and every bequest contained therein except the
Alteration hereby made and I do hereby order and
direct this Codicil and my said Will to be demed
and taken together as my last Will and
Testament In Witness whereof I the said Curtis
Tito have hereunto set my hand and Seal this
tenth Day of May in the Year of our Lord One
thousand Eight hundred and Six  Curtis Tito her
Mark  LS  Signed Sealed Published and Declared
by the said Curtis Tito the Testatrix as and for a
Codicil to her last Will and Testament in the
Presence of us who in her presence at her request
and in the presence of each other have subscribed
our Names as Witnesses hereto  Ar Poulden 
Rd Coffin

This Will was proved at London with
a Codicil on the twentieth Day of May in the Year
of our Lord One thousand Eight hundred and nine
before the Right Honorable Sir John Nicholl Knight
Doctor of Laws Master Keeper or Commissary of the
Prerogative Court of Canterbury lawfully constituted
by the Oaths of Thomas Young Bird Esquire and
John Phippard the Executors named in the said Will
to whom Administration was granted of all and
singular the Goods Chattels and Credits of the
Deceased they having been first sworn duly to
Administer power reserved of making the like Grant
to Peter Martin Esquire the  Executor named
in the said Codicil when he shall apply for the same

Last Modified: Sunday, 11-Aug-2013 14:48:43 NDT