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Source: TNA, PROB 11/1649
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This is the last Will and Testament
of me Samuel White of the Town and County of Poole and of
Charlton Marshall in the County of Dorset Esquire which I make in manner
following (that is to say) first I direct my just debts funeral expences and the charges
or the Probate hereof to be paid and discharged I give and bequeath unto my
dear Wife Ann White to and for her own use absolutely all my Carriages
and Carriage horses and all my riding horses and also all my household
Goods and furniture place linen china prints and printed books which may be
in or about my Mansion house at Charlton Marshall aforesaid at my
decease and also all my Wine beer and sprituous liquors and my bottles and
Caskss both at Charlton Marshall and Poole aforesaid and also any of my
Dogs which she may like to have and also all my Crops and Stock of Corn
Grain hay and grass and other Crops whether growing or not and also all
my Cart Horses Cows sheep and other farming Cattle and all my Waggons
Carts and Implements and Articles of husbandry of whatever denomination
the same may be which I shall have at the time of my decease I also give
and devise unto my said Wife all that allotment or piece of waste land
which I purchased or agreed to purchase of Mrs Godden situate on Great
Canfers Heath ^ to hold the same to her my said Wife her heirs and assigns ^ containing two Acres or thereabouts
for ever and in case I shall happen to survive my said dear Wife I give
and bequeath unto Mr Benjamin Linthorne the elder and Ann his Wife the
father and mother of my said Wife during their joint lives and the survivor
of them during his or her natural life one annuity or clear yearly sum of two
hundred pounds to be paid and payable quarterly on every twenty fifth
day of March twenty fourth day of June twenty ninth day of September
and twenty first day of December the first of which payments I direct shall
be made on such of these days as shall happen next after my decease
and I do hereby declare that I should have made a bequest in the event of
my said dear Wife surviving me in favor of her said father and mother for
whom I entertain a great respect but that I am convinced that my dear
Wife will have it in her power and will be disposed to shew them every
kindness and attention due to Parents I give and bequeath unto my said Wife
the sum of two thousand pounds to be paid to her within one calendar
month after my decease Also I give and bequeath unto her my said Wife
all the ready money which I may have at my decease either in Cash or
Bank of England or Country Banks Notes in my houses at Charlton
Marshall and at Poole aforesaid and in case I shall happen to die when
absent from home then it is my will and I give and bequeath unto her
such ready money as I may have in my Pocket or about my person or
in the house where I may then be provided that all such ready money
do not exceed the sum of six hundred pounds in the whole also I give and
devise
devise unto my Cousin Thomas Manning of Poole aforesaid Esquire all that
my messuage or mansion house lately erected by me and in which I now dwell
situate at Charlton Marshall Marshall aforesaid and my moiety and other
share and interest of and in the Manor of Charlton
Marshall aforesaid with all rights royalties and privileges thereto belonging and
all and singular my Estates messuages lands tenements and hereditaments and
shares and interests in and to any Estates messuages lands tenements and
hereditaments whatsoever situate at Charlton Marshall aforesaid which
I am seized or possessed of interested in or entitled unto by the devise of my
late Uncle Samuel White or by purchase since from different persons or
otherwise and also all that my newly erected Cottage with the garden privy
and fuel house thereto belonging situate at Charlton Marshall aforesaid which
Cottage is occupied as two dwellings by Jane Robbins and John Frampton and
is situate adjoining the Workshop belonging to me now let as a Smiths Shop to
John ?earley and also all that other Cottage and Garden situate at Charlton
Marshall aforesaid and now in the occupation of James Pearce and also all
that my messuage or mansion house situate in Poole aforesaid in a Street there
called New Street with its offices and appurtenances partly in my own occupation
and partly in the occupation of the said Benjamin Linthorne and also all that
my messuage or dwelling house and Bakehouse with the appurtenances situate
in New Street aforesaid now in the occupation of John Simper and adjoining
to the said messuage or mansion house and all those my lands tenements and
hereditaments situate at West Stour in the County of Dorset which I lately pur
-chased of Mr Robert James and also all that my Estate and other the hereditaments
and premises with the appurtenances thereto belonging situate at West Stour
aforesaid which I lately purchased of Thomas Green and also all that Cottage
and other the premises with the Garden and appurtenances thereunto belonging
situate at West Stour aforesaid which I lately purchased of John Gray and
also all those my messuages situate in an Alley called Drakes Alley in Poole
aforesaid with their and every of their appurtenances and also two messuages
with the appurtenances situate in Leglane aforesaid one of which is now in
the occupation of the Miss Linthornes and Captain Tucker and the other of Mr
Christopher Jolliff Whitewood and all that my undivided moiety or halfpart
of the farm and premises called Mannington Farm sitaute at Mannington
in the Parish of Gussage All Saints in the County of Dorset with their and
every of their appurtenances and also my moiety or other my share and
interest in and to certain waste lands with the Plantations thereon which I
purchased jointly with the said Thomas Manning of the Commissioners
under the Canford and Poole Inclosure Act and also all those several
Allotments made or intended to be made under the said Act as well those
which I am entitled to in respect of my lands in Poole as those which I
have purchased of Brandling Reave james Thompson and Peter
Thompson situate on Canford Heath (but not Sarah Goddens having
given the same to my said Wife) together with all and every the appurtenances
to the said Mansion houses messuages lands tenements and hereditaments
and moieties and other shares of the manor messuages lands tenements
allotments and hereditaments aforesaid belonging or appertaining and all
other my messuages lands tenements and hereditaments and shares and
interests in and to messuages lands tenements and hereditaments whatso
-ever and wheresoever and of what tenure or kind soever which I
may die seized or possessed of interested in or entitled unto (except the said
Allotment or piece of waste land on Great Canford heath so devised to
my said Wife as aforesaid) to hold the same and every part and parcel
thereof with their and every of their appurtenances unto the said Thomas
Manning and his heirs Upon the several trusts and to and for the several
ends intents and purposes and subject to the powers and provisoes
hereinafter mentioned expressed and declared of and concerning the same
(that
(that is to say) upon trust to permit and suffer my said dear Wife to occupy for
her life but not to let to any tenant my said new erected Mansion house in which
I now dwell situate at Charlton Marshall aforesaid with the Offices Gardens
Outbuildings farm buildings and also the Plantations in the form of a Square near the said
Mansion house and all the inclosures and plantations within the same from the
head of the Plantation on the west to the River containing in the whole about thirty
seven acres be the same more or less and with power to plant or transplant
Trees and to cut down or grub up Trees for necessary repairs or for any other purpose doing no wilful
damage or injury to the Plantations and as to so much of the said new built
Cottage at Charlton Marshall aforesaid as is occupied by Jane Robbins with the
Garden thereto belonging and the joint use of the Privy and fuel house upon trust
to permit and suffer my Servant Catherine Pearce to use and occupy or to receive
the rents issues and profits thereof for and during her natural life and as to the
other part of the said Cottage now in the occupation of John Frampton and the
Garden and the like joint use of the Privy and fuel House to permit and suffer my
Bailiff Richard Pearce and Susan his Wife to have the use and enjoyment or
to receive and take the rents issues and profits thereof for and during their joint
natural lives and the survivor of them during his or her natural life and as
to the said Cottage with its appurtenances in the occupation of James Pearce
in trust to permit and suffer the said James Pearce And Leah his Wife to
use occupy possess and enjoy or to receive the rents and profits thereof for and
during their joint natural lives and the survivor of them during his or her
natural life and I direct that my residuary legatee hereinafter named shall keep
the whole of the said Cottages and Premises in good repair for and during the
natural lives of the said Catherine Pearce Richard Pearce and Susan his
Wife and James Pearce and Leah his Wife and of the survivor of them respectively
from and out of the Property given to such Residuary Legatee by this my Will which
I charge therewith and as to such one of the option of the said Benjamin Linthorne
and Ann his Wife or of the survivor of them of the said messuage and the
appurtenances occupied therewith in Leglane Street in Poole aforesaid one of
which is now in the occupation of the Miss Linthornes and Captain Tucker and
the other of Christopher Jolliff Whitewood In trust to permit the said Benjamin
Linthorne and Ann his Wife and the survivor of them in case my said dear Wife
shall happen to die in my lifetime to receive the rents issues and profits
tehreof or to occupy the same for and during their joint lives and the life of the
survivor of them and as to my said Mansion house with the Offices and appur
-tenances in New Street in Poole aforesaid and also my said Messuage or
dwelling house and Bakehouse in New Street aforesaid now occupied by the
said John Simper Upon trust to permit and suffer my Sister Ann Driver the
Wife of William Driver of Surry Square in Southwark in the County of Surry
Land Surveyor to use occupy or possess and enjoy or to receive the rents issues and
profits thereof for her life and as to my moiety or other share of the said
Manor of Charlton Marshall and as to all and singular other my said messuages
lands tenements hereditaments and shares and interests in and to other messuages
lands tenements and hereditaments hereinbefore mentioned as well as Charlton
Marshall aforesaid as elsewhere except as aforesaid but as to such one of the
said messuages in Leglane Street aforesaid as the said Benjamin Linthorne and
Ann his Wife or the survivor of them shall elect to take subject to the devise
of the same and of the rents and profits hereinbefore given to the said Benjamin
Linthorne and Ann his Wife upon trust to receive and take the rents issues and
profits thereof for and during the natural lives of my said dear Wife and of
my Sister Ann Driver the Wife of the said William Driver and during the
natural life of the survivor of them and to pay and apply the same as follows
that is to say in the first place to pay thereout unto her my said Wife one annuity
or clear yearly sum of one thousand pounds for and during the term of her
natural life to be free from all taxes and deductions and if any shall be imposed
in the shape of a property or income Tax the same and all other taxes and
charges
charges shall be paid by my Residuary legatees out of my Personal Estate which
annuity will with the interest of the two thousand pounds hereinbefore given
to her make her income amount to one thousand one hundred pounds a year
exclusive of so much of my property at Charlton Marshall or elsewhere as is
given to her as aforesaid and if such rents issues and profits shall be insufficient
to provide for the said annuity of one thousand pounds per annum then it is
my will that the remainder shall be made good out of my Residuary Personal
Estate hereinafter bequeathed and a sufficient sum shall be set apart for that
purpose which annuity shall be payable half yearly on every sixth day of
July and sixth day of January and the first payment to be made on such of those days
as shall happen next after my decease and I do hereby declare that the several
devises and bequests hereinbefore contained and by me hereby made to or in favor
of my said Wife are meant by me to be in lieu bar and full satisfaction of all
dower thirds and free bench either at Common Law by custom or otherwise
which she my said Wife may be entitled unto of in to or out of any freehold
copyhold or customary Manors messuages lands tenements or hereditaments ^ which ^ or shares or Interests
I may be seized or possessed of interested in or entitled unto at the time of my of in to or out of
decease and as to the remaining parts of the rents issues and profits thereof during Freehold Copyhold
the natural life of my said Wife and as to the whole of the rents issues and profis of Customary manors
thereof from her decease for and during the natural life of my said Sister Ann Mes?? Lands Tenemts
to pay the same unto her my said Sister Ann Driver to and for her sole and separate or Heredits
use and benefit exclusive of her said husband or any future husband and not
to be subject or liable to his debts controul or engagements but her receipt and
receipts alone shall be a good and sufficient discharge for the same or for so
much thereof as shall therein be expressed to be received without his joining in
or signing the same and I beg that the said William Driver will not consider this
as meant to imply any want of confidence in him or any unkindness towards
him but merely to guard against unforeseen calamities or misfortunes and in
case my said Sister Ann shall happen to die in the lifetime time of my said
Wife then to pay such remainder of the rents issues and profits unto the said
William Driver for and during the natural life of my said Wife and from
and after the decease of my said Wife and Sister Ann then it is my will that
the said Thomas Manning and his heirs shall stand seized and possessed of
the said moiety and other share of the Manor of Charlton Marshall and
of all and singular the aforesaid messuages lands tenements and hereditaments
and shares and interests in and to the messuages lands tenements and heredi
-taments ^ hereinbefore devised subject only as to the said new Cottage fuelhouse ^ and shares and interests in and to the messuages land tenements and hereditaments
and Garden at Charlton Marshall to the devise thereof aforesaid for the
lives of the said Catherine Pearce Richard Pearce and Susan his Wife and
the survivor of them and as to the said other Cottage and Appurtenances at
Charlton marshall aforesaid to the devise thereof aforesaid to the said james
pearch and Leah his Wife and as to one of the said messuages with the
appurtenances in Leglane Street in Poole aforesaid to the devise thereof
to the said Benjamin Linthorne and Ann his Wife and the survivor of
them) to the use of the said William Driver and his assigns for and during
his natural life and from and after the determination of that Estate by
forfeiture or otherwise in his lifetime to the use of the said Thomas Manning
and his heirs during the natural life of the said William Driver In trust
to preserve the contingent uses and estates hereinafter limited from being
defeated and made void but nevertheless to permit and suffer the said William
Driver and his assigns to receive and take the rents issues and profits thereof
for and during the term of his natural life provided nevertheless and it is
my will then in case both my said Sister and the said William Driver shall
happen to die in the life time of my said Wife then as to the remainder of the
said rents issues and profits of my said messuages lands tenements and here
-ditaments and shares of messuages lands tenements and hereditaments after
providing for and paying the said annuity to my said Wife and after
permitting
permitting my said Wife to use occupy and enjoy or to receive the rents issues and
protifs of my said Mansion house and the Offices Garden plantations and lands
hereinbefore mentioned and described situate at Charlton Marshall aforesaid and
after permitting the said Catharine Pearce Richard Pearce and Susan his Wife
to use occupy and enjoy the said Cottage Garden and fuel house at Charlton Marshall
aforesaid for their lives as aforesaid and also permitting the said James Pearce and
Leah his Wife to use occupy and enjoy or to receive the rents and profits of the
said other Cottage and its appurtenances for their joint lives and the life of the
survivor and permitting the said Benjamin Linthorne and Ann his Wife to occupy
one of my said messuages to be elected by them in Leglane Street in Poole afore
-said for their lives and the life of the survivor of them) I direct that the same
shall be paid to my nephew Samuel White Driver Son of the said William Driver
and Ann his Wife for and during the life of my said Wife and from and afte rthe
decease of my said Wife and Sister and of the said William Driver then it is my
will that the said Thomas Manning and his heirs shall stand seized and possessed
of the said moiety and other share of the Manor of Charlton Marshall and
of all and singular the aforesaid mansion House Messuages lands and heredita
-ments and shares and interests in and to the messuages lands tenements and heredi
-taments hereinbefore devised subject only as to the said new Cottage fuel house
and Garden at Charlton Marshall to the devise thereof aforesaid for the lives of
the said Catharine Pearce Richard Pearce and Susan his Wife and the survivor
of them as aforesaid and subject also as to the said other Cottage with its appurtenances
hereinbefore devised for the joint lives of the said James Pearce and Leah his
Wife and the life of the survivor of them and as to one of the said houses with the
appurtenances situate in Leglane Street in Poole aforesaid to the devise thereof
to the said Benjamin Linthorne and Ann his Wife and the survivor of them for
their lives and the life of such survivor to the use of Samuel White Driver
son of the said William Driver and Ann Driver and his heirs and assigns forever
I give and bequeath unto my nephew and nieces Samuel White Driver Mary
Ann Horne Wife of James Horne of Camberwell Merchant and Caroline Kidd
Wife of Benjamin Kidd of Godalming Mealman and Sophia Driver
the children of my said Sister Ann Driver the sum of five thousand pounds each
to be paid to them within twelve calendar months after the day of my decease Also I
give and bequeath unto my Cousin Thomas Thompson Son of my Uncle Peter
Thompson Esquire and Mary his Wife the sum of one hundred pounds to be paid
him within twelve calendar months next after the day of my decease also I give
and bequeath unto Joseph Thompson Jane Thompson and Ann Thompson children
of my late Cousin Joseph Thompson deceased and Hester his Wife the sum of
one hundred pounds each I give and bequeath unto the children of the Reverend
Richard Blackmore now or late of Shaftesbury in the County of Dorset and my Cousin
Jane Blackmore his Wife who shall be living at the time of my decease the sum
of five hundred pounds equally to be divided amongst them share and share
alike the share of such of them as shall have attained the age of twenty one
years at the time of my decease to be paid within twelve calendar months next
after the day of my decease and the shares of such of them as shall then be
under that age to be paid upon their respectively attaining that age but with
out interest in the mean time and in case any or either of such last mentioned
Legatees shall happen to die under the said age of twenty one years then
and in that case I will that the share or shares of him her or them so
dying shall go and be paid to the survivor or survivors and other or others of
them share and share alike I give and bequeath unto Mary White Proud
daughter of Mary Proud of Poole aforesaid Widow the sum of two hundred
pounds I also give and bequeath unto Ann Driver Sarah Manning and Mary
White Manning children of the said Thomas Manning and my Cousin Ann
Manning his Wife and to Deborah Vallis and Love Vallis Daughters of Samuel
Vallis deceased by Deborah his Wife the sum of one hundred pounds each I give
and bequeath unto Joseph White Son of Elizabeth White of Poole aforesaid
Widow
Widow who is the daughter of John Etheridge the sum of two hundred pounds I
give and bequeath unto Samuel Baker of Chiswell Street London Son of
Valentine Baker of Wells Street in the City of Bristol mariner the sum of two
hundred pounds I give and bequeath unto the said Catherine Pearce for and
during the term of her natural life one annuity or clear yearly sum of twenty
pounds to be paid to her free from all taxes and deductions whatsoever by four
even and equal quarterly payments in the year (that is to say) on the sixth day
of January the sixth day of April the sixth day of July and the eleventh day of
October in every year the first payment to be made ont he first of the said days
which shall happen next after my decease I give and bequeath unto the said Richard
Pearce and Susan his Wife one annuity or clear yearly sum of twenty pounds
for and during their joint natural lives and to the survivor of them during his
or her natural life and I give and bequeath unto the said james pearce and
Leah his Wife for and during their joint natural lives and to the survivor of
them during his or her natural life one annuity or clear yearly sum of twenty
pounds I give and bequeath unto my Cousin James Thompson of Poole aforesaid
for and during his natural life one annuity or clear yearly sum of twenty pounds
and unto my Kinsman Thomas Bristowe of Poole aforesaid formerly a Mariner for
and during his natural life one annuity or clear yearly sum of twenty pounds and
unto my kinsman John Etheridge the Elder of Poole aforesaid for and during
his natural life one annuity or clear yearly sum of twenty pounds all which
said last mentioned annuities to the said Richard Pearch and Susan his
Wife James Pearce and Leah his Wife James Thompson Thomas Bristowe and
John Etheridge are to be payable quarterly and in like manner as I have
directed with respect to the said annuity to the said Catherine Pearce and I
direct that all the said annuities shall be paid by my Executors out of my
residuary Personal Estate and that a sum shall be set apart for those purposes
sufficient to pay all the said annuities by the interest and dividends thereof I
give and bequeath unto Susan Boyce late Susan Forster of Charlton
Marshall aforesaid Hester Short Wife of John Short of Iwerne Minster
in the County of Dorset Yeoman Samuel Eyres of Parkstone in the County of
Dorset Labourer Jane Burt Servant to the said Benjamin Linthorne Senior
of Poole aforesaid and to Mary Keates Mary Pearce and William Pearce
my Servants the sum of nineteen pounds nineteen shillings each but as to my
three last named Servants my bequeast to each is on condition of her or his
being in my service at my decease and as to the said Jane Burt the
said legacy is given to her on condition that she should be in the
service of the said Benjamin Linthorne or of his said Wife at the time
of my decease and I direct that all the said legacies shall be paid when not
otherwise directed within twelve calendar months after my decease provided
always and it is my will that if on account of the depression of the funds
or my own misfortune or imprudence or from any other cause I shall
not die possessed of a sufficient sum of money to pay all the pecuniary
legacies hereinbefore by me bequeathed then and in that case every such
pecuniary legacy shall abate and be decreased rateably and in proportion
to the amount thereof and as to all the rest residue and remainder of my
monies money in the public funds and on other Securities and all other my
goods chattels and personal Estate and Effects which I shall die possessed of
interested in or intitled unto (subject to a sufficient sum being set apart by
my Executors for securing the remainder of the said annuity to my said Wife
which may not be provided for by the rents of my lands as aforesaid and
also for securing the said other annuities) I give and bequeath the same
unto my said Sister Ann Driver Wife of the said William Driver to and
for her own use absolutely provided always nevertheless and it is my will and
I do hereby declare that in case I shall leave any child or children of my
body lawfully begotten that shall be living at the time of my decease or of
which
which my said Wife may be then ensient then and in such case the several devises
and bequests herein contained (except of the said annuity and pecuniary and specific
legacies to my said Wife and also of the devise to her of the said Allotment and
the devise in trust for her life of the Mansion house Offices outbuildings Gardens
plantations lands and hereditaments hereinbefore described at Charlton Marshall
aforesaid and of the devise of my said Mansion house and premises and messuage
and Bakehouse in New Street in Poole aforesaid for the life of my Sister Ann
Driver and of the devise in trust for the said Benjamin Linthorne and Ann
his Wife of one of the houses at their election in Leglane Street in Poole aforesaid
and of the devise in trust for the said Catharine Pearce Richard Pearce
and Susan his Wife and the said James Pearce and Leah his Wife for their res
-spective lives of the said Cottages and of the bequest of the said other annuities to
Benjamin Linthorne and Mary his Wife and to the said Catharine Pearce
Richard Pearce and Susan his Wife James Pearce and Leah his Wife James
Thompson Thomas Bristowe and John Etheridge and of the bequest of the said
legacies of five thousand pounds a piece to the said Samuel White Driver Mary
Ann Horne Caroline Kidd and Sophia Driver and of the said legacies to the said
Joseph White Samuel Baker Susan Boyce Hester Short and to William Forster
Samuel Eyers Jane Burt Mary Keates Mary Pearce and William Pearce
shall not take effect but in the event of the death of all such children as I may have
under the age of twenty one years and unmarried with such consent as herein
after mentioned and in case any or either of such children if more than one or an
only child if there shall be but one such child shall attain their his or her age
of twenty one years or shall marry with the consent of their his or her Mother
if living and if dead then with the consent of my other Executors hereinafter
named then I will that from and immediately after their his or her attaining the
age of twenty one years or marriage as aforesaid the several devises legacies
and bequests hereinbefore contained except and subject as aforesaid) shall be
annulled and shall stand revoked and void to all intents and purposes whatsoever
and in the mean time and until some or one of my said children shall so attain
his or her age of twenty one years or shall marry with such consent as aforesaid
or until all and every such children and child shall depart this life under the said
age and unmarried it is my will that my said Wife and the said Samuel White Driver
and Thomas Manning my Executors hereinafter named shall receive the rents issues
and profits of all my Manors or shares of Manors and of all my lands
tenements and hereditaments whatsoever and the interest dividends and annual
Income of my personal Estate (subject nevertheless to the devise to or for the
benefit of my said Wife and also the devise to or for the benefit of my said
Sister Ann Driver of my said two dwelling houses and the Bakehouse and
Premises in New Street in Poole aforesaid for her life and the said Devise to or
for the benefit of the said Benjamin Linthorne and Ann his Wife of one of
the said hosues with the appurtenances in Leglane Street and the said
devise to the said Catherine Pearce Richard Pearce and Susan his Wife
and James Pearce and Leah his Wife of the said Cottages and Premises at
Charlton Marshall aforesaid and also subject to the said annuity of one
thousand pounds hereinbefore given to my said Wife for life) and also the divi
-dends and interest of all my personal Estate (subject to the bequests and annuities
so given to my said Wife and to the children of my said Sister and to other persons and so excepted as afore
-said in case of my leaving children) and I will that they shall allow unto my said
children and child such maintenance as they shall in their discretion think fit
and that the Overplus arising from the annual produce of my said Estates and
property (subject and except as ???? aforesaid) shall be invested by them my said
Executors in the Public or on Real Securities in their own names and when
and as soon as my said children shall so respectively attain the age of twenty
one years or shall marry with such consent as aforesaid then I give devise and
bequeath all and singular my said Real and Personal Estates (other than and
subject as aforesaid together with the accumulations thereof to and for the use
benefit
benefit and advantage of all my children in such shares and proportions manner and
form and upon such trusts intents and purposes as I shall by any Codicil or
Codicils to this my Will direct limit appoint give devise or bequeath the same
and for want of such direction limitation appointment gift or disposition and as to such
part or parts thereof whereof no such direction limitation or appointment gift or
disposition shall be made I will that my Executors and their respective heirs executors
and administrators shall stand seized and possessed of such my said Real and Personal
Estates (other than and except and subject as aforesaid) to the use of and in trust
for such my said children or child in such proportions and manner as such children
or child would have been entitled to the same in case I had died intestate as to
such parts of my said Estates but subject to and without prejudice nevertheless to the
appropriation of the rents issues and profits interest and dividends as aforesaid during
their respective minorities provided always notwithstanding and it is my will that it
shall and may be lawful for my Executors hereinafter named in the event of my
having such issue as aforesaid and if not for the said Thomas Manning and his
heirs during the life time of my said Wife and of the said William Driver and Ann
his Wife with the concurrence of the person or persons who shall be in the receipt
of or entitled unto the rents and profits of any my said Manors Lands Tenements
or hereditaments or shares or interests therein if such person shall not be of the
age of twenty one years and if not without his her or their concurrence to demise
grant and make any Lease or Leases of such Manors lands tenements and here
-ditaments or shares or interests therein of which he she or they shall be so respec
-tively entitled to the rents and profits under and by virtue of this my Will for any
term or number of years not exceeding seven years to commence from the time of
making such Lease or Leases in possession and not in reversion of all and singular
the same Manors lands tenements and hereditaments or shares or interests therein
or of any part or parcel thereof so that at least the best and most improved rent
and rents shall be reserved upon all and every such leases grants and demises
so to be made of the premises or of any part or parts thereof as aforesaid to
continue and be yearly or oftener payable during every of the said Leases and
Terms unto my said Trustees and the survivor of them his or her heirs and
assigns upon the trusts aforesaid and so also as the same Leases are made upon
condition that the Lessee or Lessees his or their executors administrators and
assigns do not at any time or times during his or their respective terms of and in
the premises or of and in any part or parcel thereof so to be demised or leased
commit or make or willingly procure or assent to or suffer any manner of waste
spoil or destruction in or upon the premises or in or upon any part or parcel
tehreof and a Clause of reentry and other clauses and covenants usual to be
insterted in Farm Leases and revoking all former Wills by me made I declare
this only to be my last Will and Testament and do appoint my said Wife and the
said Samuel White Driver and Thomas Manning Executors hereof and it is my
will and I do hereby direct that my said Wife and the said Samuel White Driver
and Thomas Manning and the survivor of them and the executors and admi
nistrators of such survivor shall lay out and invest all such trust monies as
shall come to their hands by virtue of this my Will in or upon any of the Stocks or
funds of the United Kingdom or on Government or Real Security or Securities in
the United Kingdom and to vary and transfer the same Stocks funds and securities
and also such Stocks funds and securities as shall be standing in my name at my
decease either as occasion shall require or as shall be thought fit and also
that it shall and may be lawful to compound for and debt or debts due or to
be become due to the said trust Estate and to take part for the whole and to
discharge the debtor or debtors and sign any Bankrupt or Bankrupts Certificate
or Certificates and to submit any difference or dispute about the said trust
monies or Estate to arbitration and perform the award or umpirage to be
made in pursuance thereof provided also that my said Wife and the said Samuel White Drive
and Thomas Manning and their respective heirs executors and administrators
shall be charged or chargeable with such sums only as they respectively shall
actually
actually receive by virtue of the trusts hereby reposed in them notwithstanding
their joining in or signing any receipt or receipts or doing any other act for
the sake of conformity and that they or either of them shall not be answerable
for any misfortune loss or damage which may happen in the execution of this
my Will or in relation thereto except the same shall happen by or through his
her or their own wilful Act neglect or default and in that case each person
alone shall be answerable for such loss or damage as shall arise from his her or their own
wilful act neglect or default provided also that it shall and may be lawful for my
said Wife and the said Samuel White Driver and Thomas Manning and their res
-pective Executors and administrators from time to time from and out of my
Estate and Effects to retain to and reimburse themselves respectively and also
to allow and pay to each other all such costs charges damages and expences as
they or any or either of them shall pay expend or be put unto in or about the
execution of this my Will or the trusts herein contained I give devise and bequeath
unto the said Samuel White Driver and Thomas Manning all such lands
tenements and hereditaments as I now hold as Trustee or Mortgagee in fee to
hold to them the said Samuel White Driver and Thomas Manning their heirs
executors administrators and assigns subject nevertheless to such equity of redemption
and such trusts as shall be then subsisting therein respectively In witness whereof I
the said Samuel White the testator have to this my last Will and Testament contained
in twenty two sheets of paper set my hand and seal (that is to say) to the first
twenty one sheets I have subscribed my name and to this twenty second and last
sheet I have subscribed my name and affixed my Seal this eighteenth day of
April in the year of our Lord one thousand eight hundred and eighteen
Saml White LS Signed sealed published and declared by the said Samuel
White the testator as and for his last Will and Testament in the presence of us
who at his request in his presence and in the presence of each other have
hereunto subscribed our names as Witnesses attesting the due execution hereof
Thos Parr Attorney Poole Francis Etheridge of Ringwood Hants Atty
Robt H Parr Clerk to Mr Parr Atty Poole
This is a Codicil to my Will dated 18 April 1818 I give to my nieces
Ann & Catoline Linthorne daughters of my brother in law Benjamin Linthorne &
Ann his Wife one hundred pounds each to be paid to the Parents for their childrens
use within one year from my decease Also I devise to Elizabeth Mead Widow of late
George Mead twenty pounds pr annum for her natural life also I devise to Elizabeth
White Widow the daughter of John Etheridge twenty pounds pr annum for her
natural life each of the above annuities to be paid on the same days as other
annuities devised by my said Will are directed to be made payable
I also give to the Salisbury Infirmary
fifty pounds also to the Poole Sunday School twenty pounds also to the Charlton
Marshall Sunday School whilst it is continued on to instruct the Poor Children
one shilling pr Week for 10 Years but if is to be consider'd to be thus paid only as
long as it is regularly & attentively kept for all the poor Children living in
the Parish of every denomination whose parents choose to send them for
instruction I give to all my Labourers at Charlton who shall be in my regular
employment at my death one pounds note each both male & female I also give
to Ann Swyer for her natural life two shillings pr week Saml White
Witnesses Thos H Bastard James Robbiens Richard C Compton
Also to the Charlton Marshall Sunday School one shilling per week for
ever instead of for 10 years but it is to be considered to be thus paid only as it is regularly &
attentively kept for all the children of every denomination whose Parents choose
to send them for instruction
I give five thousand pounds to my niece Sophia Driver out of the general
property & twenty pounds a year to my Servant Benjn Wolsted for his life
&
& twenty pounds a year for life to Mary Pearce my Servant I do hereby ratify &
confirm this Codicil which does not revoke my Will nor any other Codicil that
I may have made This is the Saml mark of Saml White Septr 11th 1821
Witnesses Young West Surgeon Richard Worsley Surgeon
James Robbiens Carpenter
I hereby confirm this Codicil which does not revoke my Will or any other
Codicil that I have made this is the S mark of Saml White Septr 11th
1821 Witnesses Young West Surgeon Richard Worsley Surgeon
James Robbiens Carpenter
We Thomas Manning of the Town and County of Poole Esquire and Samuel
White Driver of Farncombe in the Parish of Godalming in the County of Surry
Esquire two of the Executors of the last Will and Testament of Samuel White late
of Poole aforesaid and of Charlton Marshall in the County of Dorset Esquire
deceased do severally solemnly affirm and declare that we are Dissenters from
the Church of England commonly called Quakers and do further affirm and
declare as follows that is to say I the said Thomas Manning do solemnly affirm
and declare that I was present with the said Samuel White on the tenth day of
this instant September at his house at Charlton Marshall aforesaid when
the said Samuel White was confined to his bed and in his last illness of which he
died the next day and that the said Deceased partly by himself and partly by the
assistance of this Affirmant read over the principal contents of his Will from a
short abstract which he had in his possession and also the whole of the Codicil
hereto annexed marked No 1 and the said Samuel White said that every thing
was right but that he wished to make some additions thereto respecting the
Charlton Sunday School and he then gave instructions to this Affirmant as
to what alterations he wished to make as to the said Sunday School and this
Affirmant then wrote down by his direction the Codicil hereto annexed
marked No 2 in the following words "Also to the Charlton Marshall Sunday School
"on shilling per week for ever instead of for 10 Years but it is to be considered
"to be thus paid only as it is regularly and attentively kept for all the children
"of every denomination whose parents choose to send them for instruction"
except the words of "for 10 years" which words were at the same time written
by the said Samuel White Driver and this Affirmant read over the same
Codicil to the said Samuel White who then appeared to be very faint and
indisposed and he said he was not able then to go on with it and this
Affirmant thereupon left the said Samuel Whites House and returned the
next morning And I the said Samuel White Driver do solemnly affirm
and declare that the said Samuel White deceased in the said absence of
the said Thomas Manning gave me the said Samuel White Driver
instructions to make the Codicils No 3 and 4 hereto annexed which this
Affirmant made according to such instruction in my own hand writing and the
same were read over to the said Samuel White deceased who assented thereto
in the presence of Young West and Richard Worsley Surgeons and one James
Robbiens whose names are subscribed thereto as Witnesses And we the said
Thomas Manning and Samuel White Driver do severally declare that
we sincerely believe that the Testator Samuel White meant and intended
by the said Codicils No 3 and 4 to confirm as well what he had done by
the said Codicil No 2 as by the said Codicil No 1 and also by his said Will
which bears date on or about the 18th day of April 1818 and we do further severally
affirm and declare that we knew and were well acquainted with the said Samuel
White deceased and also with the character and manner of his handwriting having
often seen him write and subscribe his name to writings and having now with care and
attention viewed and perused the paper writing hereunto annexed marked
No 1 purporting to be and contain a Codicil to the last Will and Testament of the
said Deceased beginning thus "This is a Codicil to my last Will dated 18 April 1818
and
and ending thus "I also give to Ann Swyer for her natural life two shillings pr week" and
subscribed "Saml White" and having also with care and attention viewed and perused the
word "twenty" interlined between the nineteenth and twentieth lines from the top of the ^ second side of ^ first of the said
the same Codicil these Affirmants say that the whole series and contents of the said Codicil & the word
Codicil marked No 1 including the said interlineations are according to the best of these each interlined
Affirmants judment and belief of the hand writing of the said Samuel White deceased between the 6th & 7th
Thomas Manning Saml White Driver On the 29th September 1821 lines from the
the said Thomas Manning and Samuel White Driver were duly affirmed to this Affir top of the
mation before me B U Jolliffe Comr
Appeared personally Young West of the Town and County of Poole Surgeon
one of the subscribed Witnesses to two of the Codicils to the last Will and Testament of
Samuel White late of Charlton Marshall in the County of Dorset and of the Town
and County of Poole Esquire deceased and which Codicils are hereunto annexed and
marked No 3 and No 4 and being sworn on the holy Evangelists to depose the trust
maketh oath and saith that he this Deponent having now with care and attention
viewed and perused the paper writing hereunto annexed marked No 1 purporting to
be and contain a Codicil to the last Will and Testament of the said Samuel White
deceased beginning thus "This is a Codicil to my Will dated 18th April 1818" ending
thus "I also give to Ann Swyer for her natural life two shillings per week" and
subscribed "Saml White" and viewed and perused the word "twenty" interlined
between the nineteenth and twentieth lines from the top of the first side of the said
Codicil marked No 1 and the word "each" interlined between the sixth and seventh
lines from the top of the second side of the same Codicil and the several following
erasures in the same Codicil (that is to say) the erasure with the pen of the
words "dated this twenty seventh day of April 1818 in the seventeenth line from
the top of the first side the word "fifty" also erased with a pen in the twentieth line
from the top of the same side the words "& belong" erased with a pen between the
second and third lines from the top of the second side of the same Codicil and having
viewed and perused the paper writing hereunto annexed marked No 2 purporting
to be and contain a Codicil to the last Will and Testament of the said Deceased
beginning thus "Also to the Charlton Marshall Sunday School" and ending thus "to send
them for instruction" and viewed and perused the words "of for 10 years" interlined
between the first and second lines from the top of the same Codicil this Deponent
saith that the said Codicils marked No 1 and No 2 together with the said interlinea
-tions and erasures hereinbefore set forth are now in the same plight and condition
as when the said Deceased confirmed the same as his Codicils on the eleventh
day of this Instant September by the said Codicils marked No 3 and No 4 to
which this Deponent was a subscribed Witness as aforesaid and this Deponent
further saith that he was present and did see the said Samuel White deceased
on the eleventh day of September instant sign the Paper writing aforesaid hereto
annexed marked No 3 by making certain Letters part of the word "Samuel" and part
of the word "White" and also the Letter "S" as his mark and that the same paper
writing was read over to the Samuel White in this Deponents presence before
he so signed the same as aforesaid and that he appeared perfectly to understand the
same and approved thereof in this Deponents presence and in the presence of Richard
Worsley and James Robbiens the other subscribed Witnesses thereto and that this
Deponent did see the said Samuel White on the said eleventh day of September instant
also sign by putting the Letter "S" as his mark to the paper writing aforesaid hereunto
annexed marked No 4 containing the words following that is to say " I hereby confirm
this Codicil which does not revoke my Will or any other Codicil that I have made
Septr 11 1821" and that the same was read over to the said Samuel White before he
so signed the same as aforesaid and that he appeared perfectly to understand the same
and approved thereof in this Deponents presence and in the presence of the said
Richard Worsley and James Robbiens the other subscribed Witnesses thereto and that
the names "Young West" "Richard Worsley" and "James Robbiens" subscribed to the
said Codicils marked No 3 and No 4 are of the handwriting of this Deponent and the
said
said Richard Worsley and James Robbiens respectively Young West On the 29th
September 1821 the said Young West was duly sworn to this Affidavit before me
B U Jolliffe Comr
Proved at London with four Codicils 3d October 1821 before the Judge by
Ann White Widow the Relict Samuel White Driver Esquire and Thomas Manning
Esqr the Executors named in the Will to whom admon was granted having first
made a solemn & sincere declaration or affirmation according to Act of Parliament
by Commission duly to administer Ann Driver Widow the Residuary Legatee
having first consented as by Acts of Court appear
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Last Modified: Saturday, 24-Sep-2011 17:43:04 NDT