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