If you came to this page directly, then you might want to know that I have additional family history information on my website.
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