6 September 1775 Will of Thomas Bird of Poole, mercer (proved 31 October 1776)

The original document can be obtained online from The National Archives.

Source: TNA, PROB 11/1024

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This is the last Will
and Testament of me Thomas Bird of the Town and
County of the Town of Poole Mercer for the Settling
and disposing of all my Worldly Estate in manner and
form following (that is to say) first I desire to be
decently Interred at the Discretion of my Executor
herein after named and that all such just Debts as
I shall owe at the time of my Decease together
with my Funeral Expences may as soon after my
Decease as conveniently can be fully paid and
discharged by my Executor herein after named Also
I give and bequeath unto my Son Thomas Young
Bird of Poole aforesaid Mercer the sum of one
hundred pounds of lawful British Money Also I give
and devise unto my said Son Thomas Young Bird all
that my Messuage Tenement or dwelling House with
the appurtenances thereto belonging in which I now live situate
in Poole aforesaid And also all that Messuage
Tenement or Dwelling House with the Appurtenances
thereto belonging ^ sitaute in Town Gates Lane in			^ adjoining to the said House in which I now
Poole aforesaid late in the Occupation of William		  	  live now in the Occupation of him the said Tho
March and now of Thomas Martin And also all that			  Young Bird And also all that Messuage
Messuage Tenement or dwelling House with the				  Tenement or Dwelling house with the Appurts
Appurtenances thereto belonging situate in Town Gates			  thereto belonging
Lane aforesaid now in the occupation of Benjamin Frith
Currier and also the Chamber and Garret over the same
now in the Occupation of John Hayden Labourer together with
part of the yard and Gardens to the same belonging
To hold the said several and respective Messuages 
Tenements or Dwelling Houses Lands Hereditaments Premisses
Appurtenances herein before particularly mentioned
and Described unto my said Son Thomas Young Bird for
and during his natural life without Impeachment of
or for any manner of Waste other than voluntary
Waste in pulling down Houses without rebuilding same
and from and after the Determination of that Estate
I give and devise the said several and respective
Messuages Tenements or Dwelling Houses Lands Heredits
Premisses and Appurtenances herein before particularly
mentioned and described unto my Nephew John Bird
the elder of Poole aforesaid Mercer and Richard
Linthorne of Poole aforesaid Mariner and their Heirs
for and during the natural life of my said Son Thomas



Young Bird to the intent to support the contingent
remainders in this my Will after limitted so that the
same may not be destroyed and for that purpose to
make Entries or bring Actions as the case shall require
but in Trust nevertheless to permit and Suffer my said
Son Thomas Young Bird to receive the Rents and profits
thereof and of every part thereof to and for his own
use during his natural life and from and immediately
after his Decease Then I give and devise the said
several and respective Messuages Tenements or dwelling
Houses Lands Hereditaments Premisses and Appurts herein
before particularly mentioned and described unto all
and every the Child and Children (if more than one) of
my said Son Thomas Young Bird lawfully begotten or to be begotten
and to their several and respective Heirs and Assigns for
ever as Tenants in common and not as joint Tenants
and if but one then to such only Child and to his or
her Heirs and Assigns for ever but in case my said Son Thomas
Young Bird shall have no such Children or Child born
at or in due time after his Death or leaving Issue and
all such Issue shall happen to die without Issue then
I give and devise the said several and respective
Messuages Tenements or Dwellings Houses Lands
Hereditaments and Appurtenances herein before
particularly mentioned and Described unto Ann Bird
the now Wife of my said Son Thomas Young Bird (if
she shall be then living) for and during her natural
life if she shall so long continue his Widow and not
Marry again and from and immediately after her
Decease or second Marriage which shall first happen my
said Son Thomas Young Bird being dead without Issue
and Issue of his Issue) then (and not otherwise) I give and
devise the said several and respective Messuages Tenements
or Dwelling Houses Lands Hereditaments Premisses and
Appurtenances herein before particularly mentioned and
described unto my Daughter Mary Butler Wife to
George Clark Butler of Corfe Castle in the Isle of 
Purbeck in the County of Dorset Hosier To hold the
same unto her the said Mary Butler for and during
her natural Life without Impeachment of or for any
manner of waster other than Voluntary Waste in pulling
down Houses without rebuilding the same with remainder
to the said John Bird and Richard Linthorne and their
Heirs for and during the natural life of the said Mary
Butler In Trust in like manner to preserve the 
contingent remainders herein after also limitted and
from and immediately after the Death of the said
Mary Butler I give and devise the said several and
respective Messuages Tenements or Dwelling Houses
Lands Hereditaments Premises and Appurtenances herein before
particularly mentioned and Described unto all and
every the Child and Children (if more than one) of my



said Daughter Mary Butler lawfully begotten or to be
begotten and to their several and respective Heirs and
Assigns for ever as Tenants in common and not as 
joint Tenants and if but one then to such only Child
and to his or her Heirs and Assigns for ever but in case
my said Daughter Mary Butler shall leave no such
Child or Children or leaving Issue and all such Issue
shall happen to die without Issue Then I give and
devise the said several and respective Messuages
Tenements or dwelling Houses Lands Hereditaments and
Appurtenances herein before particularly mentioned
and described unto my said Son in Law George Clark
Butler for and during his natural life and from and
immediately after his Decease  my said Son Thomas
Young Bird and Daughter Mary Butler being both
dead respectively without Issue and Issue of their Issue
then (and not otherwise) I give and devise the said
several and respective Messuages Tenements or dwelling
Houses Lands Hereditaments and Appurtenances herein
before particularly mentioned and described unto all
and every the Sons and Daughters of my late Brother
Samuel Bird Deceased and my sister Elizabeth Reekes
Widow and to their several and respective Heirs and
Assigns for ever as Tenants in common and not as
joint Tenants Also I give and devise unto my said
Daughter Mary Butler all that Tenement or Malthouse
situate in Town Gates Lane in Poole aforesaid now in
the Occupation of William Bundock of Poole aforesaid
Corn Factor and also all that Messuage or Tenement 
next adjoining to the said Malthouse now in the 
Occupation of Ropert Pope Shoemaker together with the
plott of Garden Ground thereunto belonging at the end
of the said Malthouse with Liberty for the said Mary
Butler and her Assigns to pass and repass thro' the
Garden belonging to the said Tenement late in the
Occupation of the said William March and now of
the said Thomas Martin to go to and from the said
Garden above mentioned at the end of the said Malthouse
with  part of the yard and the use of the well and
pump there belonging to the said Tenement late in the
Occupation of the said William March and now of the
said Thomas Martin as aforesaid she the said Mary
Butler and her Assigns paying half the Expences of
keeping and repairing the same well and pump and
also all that Messuage Tenement or dwelling Houses
with the Appurtenances now in the Occupation of 
Joseph Braffett Stationer situate in High Street in
Poole aforesaid And also all that Messuage Tenement or
Dwelling House with the Appurtenances late in the
Occupation of Benjamin Mead Baskett Maket and now
of William Counter Hatter and next adjoining to the
said Messuage in the Occupation of the said Joseph



Braffett together with a passage through the Entry
between the said Joseph Braffetts House and the
House in which I now live for the said Mary
Butler and her Assigns to go pass and repass at all
times To hold the said several and respective Messuages
Tenements or Dwelling Houses Malthouse Lands Heredits
and Premises herein before mentioned to be now in the several
Tenures or Occupations of the said William Bundock
Robert Pope Joseph Braffett and William Counter
respectively as aforesaid with the Appurtenances unto 
my said Daughter Mary Butler for and during her
natural life without Impeachment of or for any manner
of Waste other than Voluntary Waste in pulling down
Houses without rebuilding same and from and after the
Determination of that Estate I give and devise the said
several and respective Messuages Tenements or Dwelling
Hosues Malthouse Lands Hereditaments and Premisses
herein before mentioned to be now in the several 
Tenures or Occupations of the said William Bundock
Robert Pope Joseph Braffett and William Counter
respectively as aforesaid with the Appurtenances unto
the said John Bird and Richard Linthorne and their
Heirs for and during the natural life of my said Daughter
Mary Butler to the intent to support the contingent
remainders in this my Will after limitted so that the
same may not be destroyed and for that purpose to
make Entries or bring Actions as the case shall require
but in Trust nevertheless to permit and Suffer my said
Daughter Mary Butler to receive the Rents and profits
thereof and of every part thereof to her own use during
her natural life and from and immediately after her
Decease Then I give and devise the said several and
respective Messuages Tenements or dwelling Houses
Malthouse Lands Hereditaments and Premisses herein
before mentioned to be now in the several Tenures
or Occupations of the said William Bundock Robert
Pope Joseph Braffett and William Counter respectively
as aforesaid with the Appurtenances unto all and
every the Child and Children (if more than one) of my
said Daughter Mary Butler lawfully begotten or to
be begotten and to their several and respective
Heirs and Assigns for ever as Tenants in common
and not as joint Tenants And if but one then to
such only Child and to his or her Heirs and Assigns
for ever but in case my said Daughter Mary
Butler shall leave no such Children or Child or leaving
Issue and all such Issue shall happen to die without
Issue Then I give and devise the said several respective
Messuages Tenements or Dwelling Houses Malthouses
Lands Hereditaments and Premisses herein before
mentioned to be now in the several Tenures or Occupations
of the said William Bundock Robert Pope Joseph



Braffett and William Counter respectively as aforesaid
with the appurtenances unto my said Son in Law George
Clark Butler (if he shall be then living) for and during
his natural Life and from and immediately after his Decease
(my said Daughter Mary Butler being dead without Issue
and Issue of her Issue) Then (and not otherwise) I give and devise
the said several and respective Messuages Tenements or
dwelling Houses Malthouse Lands Hereditaments and
premisses herein before mentioned to be now in the
several Tenures or Occupations of the said William Bundock
Robert Pope Joseph Braffett and William Counter
respectively as aforesaid with the appurtenances unto
my said Son Thomas Young Bird To hold the same unto
him the said Thomas Young Bird for and during his
natural life without Impeachment of or for any manner
of Waste other than Voluntary Waste in pulling down
Hosues without rebuilding same with remainder to the
said John Bird and Richard Linthorne and their Heirs
for and during the natural life of the said Thomas Young
Bird In Trust in like manner to preserve the contingent
remainders herein after also limitted and from and
immediately after the Decease of the said Thomas Young
Bird I give and devise the said several and respective
messuages Tenements or Dwelling Hosues Malthouse
Lands Hereditaments and premisses herein before
mentioned to be now in the several Tenures or Occupations
of the said William Bundock Robert Pope Joseph
Braffett and William Counter respectively as aforesaid
with the Appurtenances unto all and every the Child and
Children (if more than one) of my said Son Thomas Young
Bird lawfully begotten or to be begotten and to their
several and respective Heirs and Assigns for ever as Tenants
in common and not as joint Tenants and if but one then
to such only ^ but in case my said Son Thomas Young Bird		^ Child and to his or her Heirs and Assigns for ever
shall leave no such Child or Children born at or in due
 time after his Death or leaving Issue and all such
Issue shall happen to die without Issue then I give and
devise the said several and respective Messuages 
Tenements or dwelling Houses Malthouses Lands Heredits
and premisses herein before mentioned to be now in
the several Tenures or Occupations of the said William
Bundock Robert Pope Joseph Braffett and William
Counter respective as aforesaid with the Appurtenances
unto the said Ann Bird the said now Wife of my said
Son Thomas Young Bird (if she shall be then living for
and during her natural life if she shall so long
continue his widow and not Marry again and from
and immediately after her Decease or second Marriage
which shall first happen (my said Daughter Mary
Butler and Son Thomas Young Bird being both dead
respectively without Issue and Issue of their Issue) Then
and not otherwise I give and devise the said several



and respective Messuages Tenements or dwelling Houses
Malthouse Lands Hereditaments and Premisses herein
before mentioned to be now in the several Tenurs or
Occupations of the siad William Bundock Robert Pope
Joseph Braffett and William Counter respectively as aforesaid
with the Appurtenances unto all and every the Sons and
Daughters of my said late Brother Samuel Bird and
my said Sister Elizabeth Reeks and to their several
and respective Heirs and Assigns for ever as Tenants in
common and not as joint Tenants Also I give and
bequeath unto my said Sister Elizabeth Reeks of Poole
aforesaid Widow the sum of ten pounds of lawful British
Money to be paid to her by my Executor herein after
named within twelve Months next after my Decease
Also I give and bequeath unto my now Servant Mary
Bolton the sum of ten pounds of like Money to be
paid to her by mmy Executor herein after named within
one year also next after my Death if she be living
with me at the time of my Decease Also I give and
bequeath all and singular the rest residue and 
remainder of my Goods Chattels and Personal Estate
whatsoever and wheresoever of every kind and sort which
I shall or may be possessed of or Intitled unto at the
time of my Death unto my said Son Thomas Young
Bird and my said Daughter Mary Butler equally to
be divided parted and shared between them share and
share alike to and for his and her own several use and
benefit Also I do hereby constitute and appoint my said
Son Thomas Young Bird sole Executor of this my last
Will and Testament and I do hereby revoke and make
void all and every former and other Will and Wills by
me at any time or times heretofore made and do
declare this and no other to be my last Will and
Testament In Witness whereof I the said Thomas Bird
the Testator have to this my last Will and Testament
consisting of four Sheets of paper set my Hand and
Seal at the bottom of each Sheet this sixth day of
September in the year of our Lord one thousand
seven hundred and seventy five  Tho: Bird  LS
Signed Sealed Published and Declared by the said
Thomas Bird the Testator as and for and to be his
last Will and Testament in the presence of us whose
Names are hereunto Subscribed as Witnesses at the request
of the said Testator in his presence and in the presence
of each other the Word "respectively as aforesaid with
the appurtenances" in the third Sheet being first three
several times Interlined and also the word "said" in
the same third Sheet being first also Interlined
Joseph Braffett  John Braffett  Hen Austen

This Will was proved at London the thirty first



day of October in the year of our Lord one thousand
seven hundred and seventy six before the Right Worshipful
Sir George Hay Knight Doctor of Laws Master Keeper or
Commissary of the Prerogative Court of Canterbury lawfully
constituted by the Oath of Thomas Young Bird the Son
of the Deceased and sole Executor named in the said 
Will to whom administration was granted of all and
singular the Goods Chattels and Credits of the said deceased
he having been first Sworn by Commission duly to administer



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Last Modified: Thursday, 08-Aug-2013 18:33:18 NDT