Source: TNA, PROB 11/1211
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This is the last Will and Testament of me Samuel White the younger of the Town and County of Poole Merchant made the Tenth Day of December in the Year of our Lord one thousand and seven hundred and Eighty nine as follows First I Will that my just Debts and Funeral Expences be paid and Discharged Item I give unto my Son Samuel White all those my several Storehouses Messuages Tenements and the Way adjoining thereto situate at the Lower End of a Street called Leglane in Poole aforesaid and all my Field or Close at Baiter in Poole aforesaid which I purchased of the Assignees of John Bundock a Bankrupt with their respective Appurtenances to hold the same unto my said Son Samuel White and his Heirs for ever Item I give unto my Dear Wife Ann White the use of all my Household Goods and Furniture Linen Plate and China which shall be in my Dwellinghouse at the time of my decease for and during the term of her natural Life and from and after her decease I give and Bequeath the same unto my said Son Samuel and to my Daughters Mary the Wife of George Manning and Ann the Wife of William Driver Equally to be Divided between them part and share alike Item I give Devise and Bequeath unto my said Wife all and Singular other my Lands Tenements and Hereditaments whatsoever situate in the town of Poole or elsewhere to hold the same unto her my said Wife and her Assigns for and During the term of her natural Life for her own use and benefit and from and after her decease I give Devise and Bequeath the same and every part thereof unto my Uncle Samule White the Elder and to my Brothers in Law Peter Thompson Esquire and Samuel Rolles Merchant to hold such part thereof as is Freehold unto and to the use of my said Uncle Samuel White and the said Peter Thompson and Samuel Rolles their Heirs and Assigns for ever and to hold such part thereof as is Leasehold unto the said Samuel White Peter Thompson and Samuel Rolles their Executors Administrators and Assigns for and During all my Estate term and Interest therein upon this Special Trust and Confidence nevertheless that they the said Samuel White Peter Thompson and Samuel Rolles their Heirs or Assigns shall and do as soon as conveniently may be after the decease of my said Wife Sell and Dispose thereof for the best price and prices than can be had or gotten for the same And in such manner as they shall think proper and shall and do receive the purchase Money for which the same shall be so sold without the purchasor or purchasors being Answerable for the Misapplication or Nonapplication thereof by my said Trustees but that the receipt or receipts of my said Trustees shall be sufficient Discharge to such purchasor or purchasors for so much of the said purchase Money as shall in such receipt or Receipts expressed to be received and my Will is that the Money to arise by such Sale or Sales together with the rents and profits of the said Lands Tenements and Hereditaments in the mean time shall be applied and Disposed of in manner hereinafter for that purpose mentioned also all the rest and residue of my Goods Chattels Money and Securities for Money and Other Personal Estate and Effects of what nature or kindsoever which I shall Die possessed of Interested in or intitled to I give and Bequeath unto the said Samuel White the Elder Peter Thompson and Samuel Rolles their Executors and Administrators upon trust that such parts thereof as do not consist of Money or Securities for Money be Sold with all convenient speed after my decease and turned into Money and my Will Further is that the clear Monies arising from my said residuary personal Estate (after payment of my Debts and Funeral Expences and the Charges and Expences Attending the Execution of this my will) shall be by my said Trustees placed out at Interest on such Government or real Securities as they shall think proper so as the best Annual Interest be thereof made without lessening the principal with power for them my said Trustees to call in remove and replace out the same at their Will and pleasure and I Will that my said Trustees shall and do pay apply and Dispose of the Interest Dividends and Produce thereof unto my said Wife for and During the term of her natural Life to and for her own use and benefit and from and after her decease I will that my said Trustees shall and do pay assign and transfer unto my said Son Samuel White One Full and Equal third part of the said Trusts Moneys and Premises to whom I hereby give and Bequeath the same and I will and Direct that my said Trustees as soon as my said Lands Tenements and Hereditaments hereinbefore Devised to them in trust to be sold as aforesaid shall have been Sold shall also pay unto my said Son Samuel White one full and equal third part of the clear Mondys arising by such Sale or Sales and also one third part of the rents and profits thereof which shall arise after the decease of my said Wife and before such Sale or Sales shall have taken place and as to the remaining two third parts as well of my said residuary personal Estate as of the Moneys arising from the sale of my said Lands Tenements and Hereditaments hereinbefore Devised in trust to be Sold and of the Rents and profits thereof until the same shall be so sold I will that the same shall be laid out or continued at Interest on Government or real Securities so as the best Annual Interest be made thereof without lessening the principal with power for my said Trustees to call in remove and replace out the same and I will that my said Trustees shall and do pay apply and dispose of the Interest Dividends and produce of one equal Moiety or half part of such last mentioned Trust Monies and premises as the same shall be from time to time received unto my said Daughter Mary the wife of the said George Manning for and During the term of her natural Life for her sole and separate use and that the same shall not be Subject or liable to the Debts controul or Disposal of her present or any after taken Husband but that her receipt alone notwithstanding her Coverture and whether Covert or sole shall be from time to time a Sufficient Discharge to my said Trustees for the same and from and after her decease upon this Further trust that they my said Trustees shall and do pay apply and Dispose of the Interest Dividends and produce of such Moiety of the said Trust Monies unto the said George Manning and his assigns for and during the Term of his natural Life and from and after the decease of the Survivor of them the said George Manning and Mary his wife I will that my said Trustees shall Stand possessed of the said Moiety or half part of the said Trust Monies and premises In Trust for all and every the Children of my said Daughter Mary Manning to be equally Divided between and amongst them if more than one part and share alike and to be paid to them respectively at their respective Ages of Twenty one years and I will that the Dividends Interest and produce thereof shall in the meantime be applied for and towards their Maintenance and Education and if any or either of such Children shall happen to Die under the Age of Twenty one years I will that the part and share of him her or them so Dying and as well Original as accruing by Virtue of this present Clause shall go to the Survivors or Survivor or others or other of them at the age and in manner aforesaid and if all such Children but one shall happen to Die under the Age of Twenty one years or if there shall be but one such Child then in trust for such Surviving or only Child to be paid at the age and manner aforesaid and in Default of all such Issue of my said Daughter Mary Manning or their being Issue and they shall all happen to Die under the Age of Twenty one years I will that my said Trustees shall pay assign and transfer unto my said Son Samuel White his Heirs or Executors or Administrators one full and equal Moiety or half part of the said Moiety or one Fourth part of the whole of the said Trust Moneys to and for his and their own use and benefit and as to the other Moiety or half part of the before mentioned Moiety of the said Trust Monies I will that my said Trustees shall Stand possess thereof In trust for my said Daughter Ann Driver and the said William Driver her Husband and the Children or Child of her my said Daughter Ann in such and the same manner as is hereinafter expressed and Declared of and concerning the other Moiety or half part of the said Trust Money and as for and concerning the said other Moiety or half part of the said Trust Moneys and premises last mentioned I will that my said Trustees shall and do pay apply and Dispose of the Interest Dividends and produce thereof as the same shall be from time to time received unto my Daughter Ann the wife of the said William Driver for and During the term of her natural Life for her Sole and Separate use and not to be Subject or liable to the Debts Controul or Disposal of her present or any after taken Husband but her receipt alone notwithstanding her Coverture and whether Covert or sole to be from time to time a Sufficient Discharge to my said Trustees for the same and from and after her decease upon this Further trust that they my said Trustees shall and do pay apply and dispose of the Interest Dividends and Produce of such last mentioned Moiety of the said Trust Moneys and Premises as the same shall be from time to time received unto the said William Driver and his Assignees for and During the term of his natural Life and from and after the decease of the Survivor of them the said William Driver and Ann his wife I will that my said Trustees shall stand possessed of the said last mentioned Moiety or half part of the said Trust Monies and Premises In Trust for all and every the Children of my said Daughter Ann Driver to be Equally Divided between and amongst them if more than one part and share alike to be paid to them respectively at their respective Ages of Twenty one years and I will that the Dividends Interest and produce thereof shall in the mean time be applied for and towards their Maintenance and Education and if any or either of such Children shall happen to Die under the Age of Twenty one years I will and Direct the part and share of him her or them so Dying as well Original as Accruing by virtue of this present Clause shall go to the Survivors or Survivor or others or other of them at the Age and in manner aforesaid and if all such Children but one shall happen to Die under the Age of Twenty one years or if there shall be but one such Child then In Trust For such Surviving or only Child to be paid at the Age and in manner aforesaid and in Default of all such Issue of my said Daughter Ann Driver or there being such and they shall all happen to Die under the Age of Twenty one years I will that my said Trustees shall pay Assign transfer and Deliver unto my said Son Samuel White his Executors or Administrators one Full and Equal Moiety or half part of the said last mentioned Moiety or One other Fourth part of the whole of the said Trust monies and premises to and for his or their own use and Benefit and as to the other Moiety or half part of the said last mentioned Moiety of the said Trust Monies and premises or the remaining Fourth part of the whole I will that my said Trustees shall Stand possessed thereof In Trust for my said Daughter Mary Manning and the said George Manning her Husband and the Children of Child of her my said Daughter Mary in such and the same manner as is hereinbefore mentioned expressed and Declared of and concerning the said First mentioned Moiety or half part of the said Trust Money but in case both my said Daughters shall happen to Die without Issue or leaving issue and such Issue shall all happen to Die under the Age of Twenty one years then I will that the said two Fourth parts of the said Trust Monies and Premises which in such case will after the decease of my said Daughters and their respective Husbands remain undisposed of under the Limitations herein before contained shall be paid assigned and transferred unto my said Son Samuel White his Executors or Admors to and for his and their own use and Benefit provided always nevertheless and it is my will that it shall and may be lawful to and for my said Trustees to advance unto or for any or either of the Children of either of my said Daughters out of the principal of the Trust Moneys hereinbefore given to or in Trust for them respectively any Sum or Sums of Money not exceeding the Sum of Four hundred pounds to any one of such Children for putting their Apprentice or otherwise for their Advancement in the World notwithstanding such Child or Children shall not have attained his her or their respective Age or Ages of Twenty one years and notwithstanding his her or their Interest in the said Trust Monies and premises shall not be vested at the time of such Advancement and I will that the Sum and Sums of Money so to be advanced shall be Accounted as a part of the share or shares of such Child or Children respectively to or for whose use the same shall be so Advanced provided nevertheless that no such Advancement shall be made for such Children or any or either of them During the Life time of their respective parents without the Consent of such parents respectively provided also and it is my will that neither the said Samuel White the Elder Peter Thomason and Samuel Rolles their Heirs Executors or Admors nor any other the Trustees or Trustee to be nominated and appointed as hereinafter is expressed shall be answerable for any more of the said Trust Moneys and Premises than they respectively shall actually receive nor for the Loss thereof unless the same happen by or thro their wilful neglect or Default nor shall one of them be answerable or accountable for the others or other of them or for the Acts Deeds receipts Neglects Defaults of the others or other of them but Each for his own Acts only and that it shall and may be lawful to and for such Trustees to retain in their Hands all such Loss Costs Charges Damages and Expences as they or any or either of them shall pay sustain or be put unto into the Execution of the Trusts hereby in them reposed or any or either of them provided also and it is my Will and Meaning that if any or either of the said Trustees appointed by this my Will or who shall hereafter be Nominated and appointed a Trustee or Trustees in pursuance of this present power shall Die or be Desirous to be Discharged of and from or refuse or become incapable to Act in the Trusts hereby in them reposed before such Trusts shall be fully performed then and in such case it shall be lawful for the Surviving Trustees or Trustee or other or other of them for time being and he or they are thereby required to nominate and appoint one or more person or persons to be a Trustee or Trustees in the room and Stead of him or them who shall so Die or be Desirous to be Discharged or refuse or become incapable to Act as aforesaid and that when and so often as any new Trustee or Trustees shall be so nominated or appointed as aforesaid all the said Trust Moneys and Premises which were invested in the Trustee or Trustees so Dying or Desiring to be Discharged or refusing or becoming incapable to Act as aforesaid shall be thereupon conveyed transfered and assigned in such manner that the same amy be effectually vested in the Surviving or continuing Trustees or Trustee and such new or other Trustee or Trustees upon the several Trusts herein before declared of the same Trust Moneys and Premises and that every such new Trustee or Trustees shall and may in all things and in all respects Act and Assist in the Management and execution of the trusts of this my will as fully and Effectually and with the same powers and Authorities to all Intents and Purposes whatsoever as if such new Trustee or Trustees had been Originally by this my Will nominated and appointed such Trustees or Trustee and Lastly I do hereby nominate constitute and appoint the said Samuel White the Elder Peter Thompson and Samuel Rolles the Executors of this my last Will and Testament and hereby revoking all former Wills I declare this only to be my last will and Testament In Witness whereof I the said Samuel White the Testator have to this my Will consisting of Five Sheets of paper set my Hand and Seal to wit my Hand to the Four preceeding sheets and my Hand and Seal to this last Sheet the Day and year First above written Saml White Junr 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 in his presence and in the presence of each other have Subscribed our Names as Witnesses thereto (the interlineations between the Twenty Seventh and Twenty Eighth Lines of the third Sheet being First made M Haywoord John Simper Wm Dean This Will was proved at London the Twenty Sixth Day of November in the year of our Lord one thousand seven hundred and ninety one before the the Right Honorable Sir William Wynne Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by Samuel White Samuel Rolles and Peter Thompson Esquire the Executors named in the Will to whom Administration was granted of all and Singular the Goods Chattels and Credits of the said deceased the said Samuel White and Samuel Rolles having first made a Solemn and sincere Declaration or Affirmation by Commission and the said Peter Thomas having been First sworn before the Worshipful John Fisher Doctor of Laws and Surrogate duly to administer [the following is written in the margin] On the Eighteenth day of December 1823 Admon (with the will annexed) of all and singular the Goods Chattels and Credits of Samuel White the Younger late of the Town and County of Poole deceased left unadministered by Samuel White the Elder the Uncle of the said Deceased, Samuel Rolles and Peter Thompson Esquire deceased who were whilst living the Executors and Residuary Legatees In Trust named in the said Will, was committed and granted to Ann Driver Widow one of the Daughters and one of the Residuary Legatees substituted in the said Will having first made a solemn and sincere Declaration or Affirmation according to Act of Parliament duly to Admr The said Peter Thompson Esquire survived his CoExtrs and died Intestate. Ann White Widow the Relict and the Residuary Legatee for Life named in the said will dying without having taken upon her the Lias of Admon (with the will annexed) of the Goods of the said Deceased
Last Modified: Sunday, 09-Oct-2011 10:17:34 NDT