12 August 1769 Will of George Tito of Poole, merchant (proved 26 November 1774)

Source: TNA, PROB 11/1002

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This is the last Will and Testament
of me George Tito of the Town and County of the Town of
Poole Merchant for the settling and disposing of all my
Worldly Estate in manner and form following (that is to say) 
First I desire to be decently interred at the discretion of my
Executors herein after named and that all such just Debts as
I shall owe at the time of my decease together with  my
Funeral Expences may as soon after my decease as conveniently
can be fully paid and discharged Also I give and devise all
and singular my Messuages Lands Tenements and Hereditament
with their and every of their Appurtenances situate lying and
being int he said Town and County of Poole and County of
Southampton and all other my Real Estate whatsoever and
wheresoever unto my Grandson George Tito Brice for and during
his natural Life without Impeachment of or for any manner
of Waste other than voluntary Waste in pulling down Houses
without rebuilding same And from and after the determination
of that Estate I give and devise the said respective Messuages
Lands Tenements and Hereditaments with their and every of
their Appurtenances unto Thomas Hyde and John Green both
of Poole aforesaid Merchants and John Calcraft Robert Jones
John Stephenson and John Jasper Ringmaker all of London
Esquires and their Heirs for and during the natural Life of
my said Grandson George Tito Brice To the inent to support



the contingent Remainders in this my Will after limited so
that the same may not be destroyed And for that purpose to
make entries or bring Actions as the case shall require But
In Trust nevertheless to permit and suffer my said Grandson
George Tito Brice to receive the Rents and Profits thereof
and every part thereof to and for his own use during his
natural Life And fromand after his decease Then I give and
devise the said respective Messuages Lands Tenements and
Hereditaments with their and every of their Appurtenances
unto the Heirs of the Body of my said Grandson George
Tito Brice lawfully to be begotten And for default of such
Issue I devise the said respective Messuages Lands Tenements
and Hereditaments with their and every of their Appurts
unto my Cousin Tito Phippard (eldest Son of Mr John Phippard
of Poole aforesaid Wine Cooper) for his Life without Impeachment
of or for any manner of Waste other than voluntary Waste
in Pulling down Houses without rebuilding the same with
remainder to the said Thomas Hyde John Green John Calcraft
Robert Jones John Stephenson and John Jasper Ringmaker
and their Heirs for and during the natural Life of the said
Tito Phippard In trust in like manner to preserve the
contingent remainders hereinafter also limited And from and
immediately after the death of the said Tito Phippard I
devise the said respective Messuages Lands Tenements and
Hereditaments with their and every of their Appurtenances
unto the first and every other Son and Sons of the said
Tito Phippard lawfully to be begotten in Tail male successively and
respectively And in default of such Issue I devise the said
respective Messuages Lands Tenements and Hereditaments with their
and every of their Appurtenances unto my Cousin Thomas Phippard
(second Son of the said John Phippard) for his Life without
Impeachment of or for any manner of Waste other than
voluntary Waste in pulling down Houses without rebuilding same
with remainder to the said Thomas Hyde John Green John Calcraft
Robert Jones Johne Stephenson and John Jasper Ringmaker and
their Heirs for and during the natural Life of the said Thomas
Phippard In trust in like manner to preserve the contingent
remainders hereinafter also limited And from and immediately
after the death of the said Thomas Phippard I devise the
said respective Messuages Lands Tenements and Hereditaments
with their and every of their Appurtenances unto the first
and every other Son and Sons of the said Thomas Phippard
lawfully to be begotten in Tail Male successively and respectively
And in default of such Issue I devise the said respective
Messuages Lands Tenements and Hereditaments with their and every
of their Appurtenances unto my Cousin John Phippard the
Younger (third Son of the said John Phippard) for his Life without
Impeachment of or for any manner of Waste other than Voluntary
Waste in pulling down Houses without rebuildind same with
remainder to the said Thomas Hyde John Green John Calcraft
Robert Jones John Stephenson and John Jasper Ringmaker and
their Heirs for and during the natural Life of the said John
							Phippard



Phippard the Younger In trust in like manner to preserve the
contingent Remainders hereinafter also limited And from and
immediately after the Death of the said John Phippard the Younger
I devise the said respective Messuages Lands Tenements and 
Hereditaments with their and every of their Appurtenances unto the
first and every other Son and Sons of the said John Phippard the
Younger lawfully to be begotten in Tail Male successively and
respectively And in default of such Issue I devise the said respective
Messuages Lands Tenements and Hereditaments with their and every
of their Appurtenances unto my two Nieces Mary Crispe Widow
and Curtis Tito Spinster their Heirs and Assigns for ever as
Tenants in common and not as joint Tenants But my Will is
that the rents and Profits of the said respective Messuages
Lands Tenements and Hereditaments be paid unto the said Thomas
Hyde John Green John Calcraft Robert Jone John Stephenson and
John Jasper Ringmaker and their Assigns and the Survivors and
Survivor of them until my said Grandson George Tito Brice
shall attain the Age of twenty one years to be by them
employed or reserved for the benefit of my said Grandson
in such manner as the said Thomas Hyde John Green John
Calcraft Robert Jones John Stephenson and John Jasper
Ringmaker and the Survivors and Survivor of them shall think
fit And I do accordingly devise the rents and Profits of the
said respective Messuages Lands Tenements and Hereditaments unto
the said Thomas Hyde John Green John Calcraft Robert Jones
John Stephenson and John Jasper Ringmaker and their Assigns
and to the Survivors and Survivor of them until my said Grandson
shall attain his said Age of twenty one years And my Will and
meaning is that if my said Grandson Tito Brice shall
happen to die without Issue of his Body lawfully begotten before
the said Tito Phippard And in case of his Death before the said Thomas
Phippard And in case of his Death before the said John Phippard
the Younger shall attain his or their respective Age or Ages
of twenty four years then in the mean time and until he
or they the said Tito Phippard Thomas Phippard or John
Phippard the Younger shall so attain his said Age or die (which
shall first happen) the rents and profits of my said real
Estates shall go and be paid to my Sister in Law Mary Tito
and her two Daughters the said Mary Crispe and Curtis Tito and
to the Survivors and Survivor of them equally part and Share
alike Provided Nevertheless and my Will and meaning further is
that it shall and may be lawful to and for my said
Grandson George Tito Brice by and with the Consent of all or
the Major part of them the said Thomas Hyde John Green
John Calcraft Robert Jones John Stephenson and John Jasper
Ringmaker or the Survivors or Survivor of them such Consent
to be testifyed in Writing to assure limit and appoint by any
Deed or Deeds in Writing under his hand and Seal testified
by two or more credible Witnesses all and singular the said
Messuages Lands Tenements Hereditaments and Premises with
their Appurtenances herein before devised to him in manner as
aforesaid or any part or parcel thereof as he shall think



fit unto or for a joinure for a Wife or Wives that he shall
marry (either before or after Marriage) for and during the
natural Life of such Wife or Wives respectively for her or 
their jointure or jointures so as no such jointure or jointures be
without Impeachment of Waste by any express Words in such
Jointure Deed or Jointure Deeds contained And my Will and meaning
further is And I do hereby declare that the respective Devises
hereinbefore contained to the said Tito Phippard Thomas Phippard
and John Phippard the Younger and to their respective Heirs
Male is upon this express Condition that they do and shall
severally when and as soon as they and their Heirs Male and
each and every of them shall come into actual Possession and
Seisin of the said Messuages Lands Tenements and Hereditaments
by virtue of this my Will or of any devise or limitation
herein contained take upon him and them and always constantly
use thereafter and retain the Name of Tito together with his
and their own respective Suranme Also I give and bequeath
unto the said Thomas Hyde John Green John Calcraft Robert
Jones John Stephenson and John Jasper Ringmaker whom I do
hereby nominate constitute and appoint joint and sole Executors
of this my last Will and Testament and to their Executors and
Administrators all and singular my Goods Chattels and Personal
Estate and Effects whatsoever and wheresoever Upon the trusts and
for the Purposes herein after mentioned (that is to say) In trust
as soon as may be after my decease to sell and dispose thereof
and convert the same into ready Money and get in and receive
all such Debts as shall be due and owing to me at my decase
and pay and discharge all such just Debts as I shall owe at the time
of my decease together with my Funeral Expences and all my
Legacys herein after by be given and to call in and receive
alter or change any Security or Securitys whatsoever wherein
my Personal Estate or any part thereof may at my decease or
at any time after be vested or laid out at Interest And when
and as often as One hundred Pounds shall be got in and
received (my Debts and Legacys being first paid) to lay out
the same at Interest in their Names on Real or Government
Securitys And upon this further Trust that they my said Trustees
and Executors or the Survivors or Survivor of them shall and
do (if they shall think fit) pay or lay out the Sum of Five
hundred Pounds part of the Principal Money of my Personal
Estate for putting out my said Grandson George Tito Brice
to such Trade or Business as they shall think proper And
stand possess of the resideue of my Personal Estate In trust
and for the use and benefit of my said Grandson George Tito
Brice until he attains his Age of twenty four years and on
his attaining his said Age of twenty four years the same to
be paid assigned or transferred to him or as he shall direct
or appoint And in the mean time and until my said Grandson
shall attain his Age of twenty one years Upon this further 
Trust to pay lay out and expect any Sum or Sums of Money
not exceeding Fifty Pounds Yearly out of my said real and
personal Estate for the maintenance Education and necessarys and 
							      also



also pocket Money for my said Grandson And after his
Attaining his said last mentioned Age of twenty one years and
until he shall attain his said Age of twenty four years Upon
this further trust to pay all the Interest and Income of my
said residuary Personal Estate unto my said Grandson for his
own use and benefit But if my said Grandson George Tito
Brice shall happen to die before he attains his said Age
of twenty four years and without leaving any Child or Children
by him lawfully begotten living at or born in due time after
his Death Then I give all such Residue of my Personal 
Estate unto my said Cousin Tito Phippard at his Age of
twenty four years But in case the said Tito Phippard shall
happen to die before he attains his said Age of twenty
four years Then I give all such residue of my Personal
Estate unto my said Cousin Thomas Phippard at his Age of
twenty four years But if the said Thomas Phippard shall
happen to die before he attains his said Age of twenty four
years Then I give all such residue of my Personal Estate
unto my said Cousin John Phippard the Younger at his Age
of twenty four years But in case the said John Phippard
the Younger shall happen to die before he attains his said
Age of twenty four years Then I give all such Residue of 
my Personal Estate unto the said Mary Crispe and Curtis
Tito their Executors and Administrators in equal shares Dividends
and Proportions And my Will and meaning is that if my said
Grandson George Tito Brice shall happen to die before he
attains his said Age of twenty four years and without leaving
any Child or Children by him lawfully begotten living at or
born in due time after his Death and before the said Tito
Phippard And in case of his Death before the said
Thomas Phippard And in case of his Death before the said
John Phippard the Younger shall attain his or their
respective Age or Ages of twenty four years Then in the
mean time and until he or they the said Tito Phippard Thomas
Phippard or John Phippard the Younger shall so attain his
said Age or die (which shall first happen) the Interest
Dividends and Profits of my said residuary Personal Estate
shall go and be paid to my said Sister in Law Mary Tito
and her said two Daughters Mary Crispe and Curtis Tito
and to the Survivors and Survivor of them equally amongst
them share and share alike Also I give and bequeath unto
my Son in Law Edward Brice and to my said Grandson George
Tito Brice twenty Pounds apiece for Mourning Also I give and
bequeath unto my said Sister in Law Mary Tito and her said
two Daughters Mary Crispe and Curtis Tito twenty Pounds
each and to my Cousin John Bird Son of my late Sister in
Law Eleanor Bird Widow deceased ten Pounds and unto the
said John Phippard and his said three Sons Tito Phippard
Thomas Phippard and John Phippard the Younger twenty
Pounds apiece for Mourning Also I give and bequeath unto
my Trustees and Executors hereinbefore named who shall
act in the Trusts of this my Will the Sum of Twenty five pounds each
for Mourning and for the Care and Trouble they may be put to in the Execution and
Discharge thereof Provided always
								and



and my further Will and meaning is And I do hereby
declare that it shall and may be lawful to and for them
my said Executors and Trustees respectively out of my said
real and Personal Estates to reimburse and repay themselves severally
and respectively all such Costs Charges and Expences as
they any or either of them shall or may suffer sustain
expend or be put unto in or about the Management or
Execution of any of the Trusts hereby in them repose or any
thing relating thereunto And that they my said Trustees and
Executors shall not be answerable the one of them for the others
or othe rof them but each of them for himself only and for
his own Acts Receipts and Defaults only Nor shall they any or
either of them be chargeable with or accountable for any Loss
or Losses which shall or may happen to my said Residuary 
Personal Estate or the Rents and Profits of my said Real
Estate or any part thereof by the investing laying out
applying or disposing of the same or any part thereof or
the Produce thereof or any part thereof according to the true
intent and meaning of this my Will Nor with or for any
involuntary Loss or Losses which shall or may happen to the
said Trust Premises or any part thereof by any ways or
means whatsoever Provided such Loss or Losses be not
occasioned by or through their or any of their wilful
Default And further that they or any or either of them shall
not be chargeable with or responsible for any more Moneys
than what they respectively shall actually receive by Virtue of
this my Will notwithstanding they may respectively for
conformity have signed any receipt or Acquittance for the
same And Lastly I do hereby revoke all other Wills by me
heretofore made and do declare this alone to be my true last
Will and Testament In Witness whereof I have hereunto
set my hand and seal the twelfth day of August in the
year of our Lord One thousand seven hundred and sixty nine
Geo: Tito  LS  Signed sealed published and declared by the said
George Tito the Testator as and for and to be his last Will
and Testament in our presence who all of us subscribed our
Names as Witnesses thereto in his presence and at his request
and in the presence of each other  Grace Prince (Servant 
to Mr Tito)  John Hayward  Hen: Austen

I the within named George Tito Do make
this present Codicil which I order and direct shall be taken
as and for part of my within written last Will and
Testament and which Will as to all and every the uses
Limitations Trusts Gifts Legacys Bequests Directions and
Appointment therein mentioned given and devised of and
concerning my real and Personal Estate therein mentioned I do
by this my Codicil establish ratify and confirm And whereas
since the making of my said Will I have lately purchased
of and from John Willis of Ringwood in the County of
Southampton to me and my Heirs for ever certain Messuages
							or



or Tenements Lands Hereditaments and Premises situate lying
and being at Muscliff and Muckleshell in the said County of
Southampton now in the Tenure or Occupation of Abraham
Dawe as Tenant thereof Now I do hereby give and devise
the said Messuages or Tenements Lands Hereditaments and
Premises with their respective Appurtenances so as aforesaid
purchased by me of the said John Willis unto such Person
and Persons and for such Estate and Estates and in such
manner and form as all other my Messuages Lands Tenements
Hereditaments and Real Estate is and are by me within
mentioned to be respectively given and devised and is and are
within mentioned of and concerning the same And also with
under and subject to the like Limitations Trusts Conditions
Devises over and upon the like contingencies as are within
mentioned to be limited and declared of and concerning the
same respectively and to for or upon no other use trust end
intent or purpose whatsoever And my will and meaning
is that this Codicil shall be adjudged and taken to be part
and parcel of my within written last Will and Testament and
a full Declaration of the same In Witness whereof I have to
this Codicil set my hand and seal the sixteenth day of
May in the year of our Lord One thousand seven hundred
and seventy two  Geo: Tito  LS  Signed sealed published and
declared by the abovenamed George Tito as and for a
Codicil to be added to and be part of his last Will and
Testament in the presence of us who subscribed our Names
as Witnesses hereunto in the presences and at the request
of the said Testator and of each other  Grace Prince
William Russel  Hen: Austen

I the within named George Tito do by
this my further Codicil (which I hereby direct to be also
taken as and for and to be part and parcel of my within
written last Will and Testament and abovewritten Codicil) 
will and direct that my two Nieces the within named Mary
Crispe Widow and Curtis Tito Spinster and also my two
Brothers in Law David Durell and George Durell shall be
Executors and Trustees of my said Will and Codicil jointly
and together with my within named surviving Executors and
Trustees Thomas Hyde John Green John Stephenson and John
Jasper Ringmaker (the within named John Calcraft and Robert
Jones being both lately deceased) as fully and effectually to all
intents and purposes and in all respects as if they had been by
me Originally in and by my said Will and Codicil coinstituted
and appointed Executors and Trustees thereof In trust to and
for the several uses intents and Purposes in my said Will and
Codicil mentioned expresed and declared And I do give and
bequeath unto the said David Durell and George Durell the
Sum of twenty five Pounds each for Mourning and to my
Brother in Law Aaron Durell ten Guineas for Mourning
and to the said Mary Crispe and Curtis Tito the further Sum



of Five Pounds apiece over and besides what is already given
to them by my said last Will for Mourning And Whereas since
the making of my said last Will and Codicil I've purchased a
certain Messuage or Tenement Lands and Premises situate in
the Tything of Kinson in the Parish of Great Canford in the
County of Dorset now in the Tenure of Ambrose Dymott Now
I do hereby give and devise the same Messuage or Tenement
Lands Hereditaments and Premises with their Appurtenances unto
my said Executors and Trustees for such Estate and Estates
and in such manner and form as all other my Messuages Lands
Tenements Hereditaments and real Estate is and are by me
within mentioned to be respectively given and devised and is
and are within mentioned of and concerning the same and
also with under and subject to the like Limitations Trusts Conditions
Devises over and upon the like Contingencys as are within
mentioned to be limited and declared of and concerning the
same respectively And to for or upon no other use Trust end
intent or purpose whatsoever And my Will and meaning is that
this further Codicil shall be also adjudged and taken to be part
and parcel of my within written last Will and Testament and
abovewritten Codicil and a full Declaration of the same In
Witness whereof I have to this Codicil set my hand and seal
the twelfth day of October in the year of our Lord One thousand
seven hundred and seventy four  G: Tito  LS  Signed sealed
published and declared by the abovenamed George Tito as and
for a further Codicil to be added to and be part of his last
Will and Testament and Codicil abovewritten in the presence
of us who subscribed our respective Names as Witnesses hereunto
in the presence and at the request of the said Testator and
of each other (the word "as" being first interlined)  Grace
Prince  Hannah Best  Hen: Austen

Whereas I George Tito of the Town and
County of the Town of Poole Merchant have made my last
Will and Testament in Writing bearing date the twelfth day of
August One thousand seven hundred and sixty nine with two
Codicils thereon endorsed the one bearing date the sixteenth
day of May One thousand seven hundred and seventy two
and the other the twelfth day of October instant Now I the
said George Tito Do by this further Codicil to my said last
Will and Testament and Codicils endorsed thereon annext
confirm and ratify my said last Will and Testament and
Codicils thereon endorsed and every clause Bequest devise use
Trust and Limitation therein contained save only And I do hereby
give and devise unto Thomas Hyde of Poole aforesaid Merchant
(one of my said Executors and Trustees as a token of my
regard and esteem for him) and to his Heirs Executors Admors
and Assigns for ever all those my Messuages or Tenements Lands
Plantations Hereditaments and Premises situate lying and being
at Odeira in the Island of Newfoudnland in North America
And I do will direct and appoint that my Brother in Law Aaron
							 Durell



Durell shall be an Executor and Trustee of my said Will and
Codicils jointly and together with the said Thomas Hyde and
John Green John Stephenson John Jasper Ringmaker Mary
Crispe Curtis Tito David Durell and George Durell in my said
Will and Codicils or some or one of them named as fully and
effectually to all intents and Purposes and in all respects as
if he had been by me Originally in and by my said Will and
Codicils constituted and appointed with them an Executors
and Trustee thereof In trust to and for the several Uses
Intents and Purposes in my said Wills and Codicils mentioned
expresseed and declared And I do give and bequeath unto him
the said Aaron Durell the further Sum of Fourteen Pounds and
ten Shillings over and besides the Sum of ten Guineas I have
already given him by my said last mentioned Codicil for
Mourning And my Will and meaning is that this Codicil shall
be adjudged and taken to be part and parcel of my said
last Will and Testament and Codicils thereon endorsed and a
full Declaration of the same In Witness whereof I have to
this Codicil set my hand and seal the twenty first day of
October in the year of our Lord One thousand seven hundred
and seventy four  G: Tito  LS  Signed sealed published and
declared by the abovenamed George Tito as and for a further
Codicil to be added to and be part of his last Will and
Testament and Codicils thereon endorsed in the presence of us
who subscribed our Names as Witnesses hereunto in the presence
and at the request of the said Testator and of each other
Grace Prince  Hannah Best  Hen: Austen

This Will was proved at London with three Codicils
the twenty sixth day of November in the year of our Lord One
thousand seven hundred and seventy four before the Right
Worshipful Sir George Hay Knight Doctor of Laws Master Keeper
or Commissary of the Prerogative Court of Canterbury lawfully
constituted by the Oaths of Thomas Hyde and John Green
Esquires two of the Executors named in the said Will and Mary
Crispe Widow Curtis Tito Spinster David Durell and George
Durell the Executors named in the second Codicil and Aaron
Durell the Executor named in the third Codicil to whom
Administration was granted of all and singular the Goods Chattels
and Credits of the deceased having been first sworn by Commission
duly to administer Power reserved of making the like Grant to
John Stephenson and John Jasper Ringmaker Esquires the other
Executors named in the said Will when they or either of them
shall apply for the same

Last Modified: Sunday, 11-Aug-2013 13:50:04 NDT