9 May 1835 Will of Robert Ayles of Hamworthy, shipbuilder (proved 9 January 1840)

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This is the last Will and Testament
of me Robert Ayles of Hamworthy in the county of Dorset Shipbuilder
being of sound and disposing mind memory and understanding 
as follows First I will and direct that all my just debts Funeral 
expences and the expences of proving this my will be paid  and 
discharged and I hereby charge and Subject my personal estate and 
effects with the payment thereof accordingly then I give and 
bequeath unto my dear wife Ann Ayles all and singular my
Household Goods and Furniture Linen Woollen wearing apparel
plate Linen and China printed Books Trinkets Implements of 
Household in and about my Dwelling house at the time of my
decease to and for her own use and benefit during the term of her
natural life also I give and bequeath unto my dear Wife Ann
all and singular the yearly and other rents issues profits and 
annual proceeds to arise and become due from my Real estate 
and also the interest dividends and annual income produce and
proceeds to accrue arise and become due from all and singular 
my stocks Funds and securities for money and all and singular 
other my Personal Estate and Effects wheresoever situate and
of what nature or kind soever the same may consist the same


to be recovered and received by her as the respectived ?????? ??????
shall become due and payable for and during the term of her natural
life to and for her own use and benefit for the maintenance of 
herself and for the maintenance and support and the education
of my four Children John Ayles Robert Pike Ayles Sarah Ayles
and Eliza Ayles and for the support and maintenance of my Sister
Hester Ayles as one of the Family in the same manner as she
my said Sister Hester is now living with us with full power to
and for my said dear Wife Ann to transfer and alter any of my
Personal Estate and Effects and the securities for the same upon
better and other advantageous securities so as such transfers
and alterations be for her benefit and advantage by ways of
addition or accumulation of annual income (but not in
otherwise) for her life as aforesaid and my will and desire is
that my said dear Wife Ann shall have full power to use all
and every legal ways and means for the recovering and in
receiving such rents issues and annual profits interest dividends and
annual income as aforesaid as she may be well advised thereon
and that her receipt alone or of such person as she may from
time to time in writing under her hand authorise and appoint to
act in and on her behalf and to receive the same or any part 
thereof shall alone be good and sufficient discharge and discharges 
to the persons or person paying the same or any part thereof or
any monies whatsoever by virtue of this my will any thing
to the contrary notwithstanding and from and immediately after 
the decease of my said dear Wife Ann then I give devise and
bequeath unto my two Friends John Brown of Parkstone in
the County of Dorset Merchant and George Penney of the Town 
and County of Poole Merchant all and singular my Household 
Goods and Furniture plate and Implements of Household (the
Linen Woollen and wearing apparel no doubt but my dear 
wife will dispose of in her life time or otherwise wear out or
dispose of the same) and also all and singular my real Estate 
and property and also all and singular my monies Stocks Funds and
securities for money and all my other Personal Estate and Effects 
whatsoever and wheresoever situate and of what nature or kind 
soever the same my consist To hold unto them the said John
Brown and George Penney their heirs Executors administrators 
and assigns upon trust that they the said John Brown and
George Penney their heirs Executors administrators or assigns or
the Survivor of them his heirs Executors administrators or
assigns do and shall permit and suffer my Sister Hester Ayles to
have hold use occupy possess and enjoy or otherwise to receive the 
rents issues and profits of my Freehold Messuage Tenement 
Hereditaments and premises at Parkstone in the County of Dorset 
for and during the term of her natural life for her own use and
benefit and also to permit and suffer my said Sister Hester Ayles 
to have the use of all and singular my Household Goods and
Furniture Plate and Implements of Household for and during her 
natural life and also that my said Trustees or the survivor of 
them as aforesaid shall and do in the next place receive and
take the rents issues and profits of all my other real estate and
property and also the interest dividends annual proceeds and 
Income to arise from all and singular my monies stocks funds 
and securities for money and from all other my personal Estate 
and Effects whatsoever and wheresoever as aforesaid upon trust in
the first place to pay thereout one annuity clear yearly sum of


Thirty pounds unto my Sister the said Hester Ayles to and for her 
own use and benefit free from all deductions whatsoever for and
during her natural life by two half yearly payments the first half 
yearly payment to be made at the expiration of six months next
after my decease and I do hereby give and bequeath the said 
annuity of Thirty pounds unto my said Sister Hester Ayles 
accordingly and I do hereby charge and subject all and singular 
my Real and Personal Estate and Effects with the payment of
such annuity accordingly and in default of payment of such
annuity or any arrears thereof as aforesaid I do hereby direct
my said Sister Hester Ayles to use all legal ways and means
that may be deemed avoidable for the recovery thereof then upon
trust in the next place (after payment and satisfaction of the said
annuity to my said Hester as aforesaid) to pay apply and dispose of
the remainder of the rents issues profits of my real estate and
property and the remainder of the interest dividends and annual
produce to arise and be received from my monies stocks Funds 
and securities and other my Personal Estate and Effects whatsoever 
to and for the use benefit and advantage better support and 
maintenance of my said four Children John Ayles Robert Pike
Ayles Sarah Ayles and Eliza Ayles in equal shares and
proportions as nearly as may be thought necessary during the
life of my said Sister Hester Ayles and subject to her control and
management (provided my said Children any or either of them
shall continue to reside with my said Sister) provided such control
and management be for the care benefit and advantage of my said 
four Children any or either of them as my said Trustees shall deem
expedient and also subject to the benefit of survivorship of and in
such rents issues interest dividends and annual proceeds in the
event of the deaths or death of any or either of my said four
Children during the life of my said Sister Hester and from and 
immediately after the decease of the survivor of them my said
dear Wife Ann and my said Sister Hester then I will and direct 
that they my said Trustees their heirs Executors Administrators or
Assigns
  or the survivor of their his heirs 
  exors admors or assigns
shall stand possessed of and interested in all that my 
Freehold Messuage Tenement Hereditaments and premises at 
Parkstone aforesaid and all other my real estate and property 
wheresoever situate and also all and singular my said Household
Goods and Furniture Plate and Implements of Household Stocks 
monies Funds and securities for money and all and singular other 
my personal estate and effects whatsoever and wheresoever situate 
upon trust to equally dividie and distribute the same and every part
thereof in equal shares and proportions unto between and amongst 
my said four Children John Ayles Robert Pike Ayles Sarah Ayles and 
Eliza Ayles and to their several and respective Heirs Executors 
administators and Assigns as tenants in common and not as 
joint tenants or to the survivors of such Children as aforesaid and
if there shall happen to be but one such Child living at the time of 
the decease of the survivor of them the said Ann my Wief and 
Hester Ayles then upon trust to assign convey transfer pay apply and
dispose of the whole of my said Real Estate and property as aforesaid 
and the whole of my said Personal Estate as aforesaid unto such one 
only Child his or her heirs Executors admors or Assigns anything 
to the contrary notwithstanding provided always and my will
further is that if any dispute or misunderstanding should arise 
between my said Trustees and my said Children or the survivors
of them as aforesaid so that such division and distribution as I have 


before directed cannot be amicably made and settled within the space
of nine months after the decease of the survivor of them my said
dear wife Ann and my said Sister Hester Ayles then I direct that 
my said Trustees or Trustee as aforesaid shall remain possessed
of all and singular my Real and Personal Estate and Effects and
Property as before stated upon trust to sell and dispose of the
same either by public auction or private contract for the best
price and advantage that can be had and obtained for the
same and assign the same or any parts or part thereof when
sold to the purchaser or purchasers thereof or as he she or they
shall direct and I do hereby declare that my said Trustees or
Trustee as aforesaid shall stand possessed of all the monies to
arise from such sale or sales as aforesaid and of the rents and 
profits of the said premises in the meantime upon trust to pay 
and discharge all reasonable and legal expences attending 
the same and the performance of the Trusts therein contained 
and after such payments made as aforesaid then upon trust to 
pay apply assign transfer and dispose of the all the remainder 
of the said monies so arising as aforesaid unto between and 
amongst my said four Children their Executors admors or
assigns respectively as tenants in common with benefit of
survivorship as hereinbefore mentioned and if there shall be 
but one such Child living then to pay apply assign transfer and
dispose of the whole of the remainder of such monies unto
and for the use of such one only Child his or her Executors 
admors or assigns absolutely provided always and my will
and desire is that notwithstanding any thing hereinbefore contained 
to the contrary it shall and may be lawful to and for my said
Trustees or the survivor of them as aforesaid by and with the consent 
of my said dear Wife Anne Ayles and at their discretion and during
the life of my said dear Wife Ann Ayles to raise and advance any
sum or sums of money not exceeding the sum of Five hundred
pounds for and towards the putting or placeing my said Son
Robert Pike Ayles into ?????? or for his better or other 
advancement in the world in such manner as my said
Trustees or the survivor of them as aforesaid shall deem most
advisable and for his advantage and that the sum so advanced for
the purposes I have mentioned shall be taken as part of the share
and portion of my said Son Robert Pike which he may be entitled to
by virtue of this my will and shall be deducted from the same and
accounted as such part and portion thereof accordingly and also that 
my said Son Robert Pike shall pay unto my said dear wife Ann
lawful interest by half yearly payments for such sum or sums of
money not exceeding Five hundred pounds as aforesaid so to be 
raised and advanced for his benefit (if need shall require) as 
aforesaid and my will is that it shall and may be lawful to and
for my said Trustees or Trustee as aforesaid after the decease of
my said dear Wife Ann to alter any of my securities for money for
other and more advantageous securities as they may think proper
so as such alteration be for the benefit and advantage and by way
of accummulation of Income for my said four Children or the 
survivors or survivor of them as aforesaid and also that the 
receipt or receipts of my said Trustees or Trustee as aforesaid for
any sums or sum of money received by them by virtue of this
my Will and the Trusts herein contained shall be good and 
sufficient discharges and discharge to the persons or person paying
the same and that such persons or person shall not afterwards 


be in any way answerable or accountable for the application or
misapplication of the same nor be obliged to see the application 
thereof and that they my said Trustees shall not be answerable
for the other of them nor for the acts deeds or defaults of the other
of them nor for involuntary losses nor for monies received under
receipts in whichy they shall join only for conformity and that they
and each of them shall and may at all times in the first place
reimburse and pay to himself respectively out of the said Trust 
monies that may come into their hands by virtue of this my
Will all costs charges damages and expenses which they and each
of them may incur and be put unto in the execution of the Trusts 
in this my Will or in any wise in relation thereunto and I do 
hereby nominate constitute and appoint them the said John
Brown and George Penney joint Executors of this my said Will and
do hereby revoke all former and other wills by me at any time 
heretofore made and do hereby declare this only to be my last Will
and Testament In Witness whereof I the said Robert Ayles the
Testator have to this my said Will contained in five sheets of paper
set my hand to the four preceding sheets and my hand and Seal
to this fifth and last sheet of paper this ninth day of May in the
year of our Lord One thousand eight hundredand thirty five 
Robert Ayles LS Signed Sealed Published and declared by the said
Robert Ayles 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 subscribed our names as witnesses to
the due execution thereof the words or names of "our" "John
Ayles "Robert Pike Ayles" having been obliterated and struck through
with the pen before the execution of this will by the Testator
John Cherrill of Hamworthy Seth Row Ford of Poole Willm Freeman
of Wimborne Minster

Proved at London 9th January 1840 before the Judge by John
Brown and George Peney the Executors to whom administration
was granted the said John Brown having been first sworn and
the said George Penney having first made a solemn and sincere 
declaration or affirmation according to act of Parliament by
Commission duly to administer

Last Modified: Saturday, 02-Jan-2021 13:51:39 NST