5 October 1822 Will of Thomas Young Bird of Poole, gentleman (proved 20 September 1830)

Source: TNA, PROB 11/1775

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This is the last Will and Testament of me Thomas Young
Bird now of the Town and County of Poole Gentleman but lately residing in the Town
of Portsea in the County of Southampton I nominate constitute and appoint my
friend The Reverend Peter William Jolliffe of the Town and County of Poole Clerk
and my Nephew William Brewer Best of Poole aforesaid Draper Executors of this
my last Will and Testament I give and bequeath to my said friend The Reverend
Peter William Jolliffe the sum of one hundred pounds and to my friends The
Reverend George Tito Brice Mr William Young Mr Samuel Clark and his brother
Mr John Clark and to Mrs Mary Dean Daughter of my friend Mr John Waldron the
sum of twenty pounds each and to my friend Nicholas Diddams Esquire the sum of
ten pounds I give and bequeath unto Mrs Ann Spurrier and unto my friend The
Reverend Thomas Durant the sum of five guineas each for a ring I give and
bequeath unto my Nephew William Butler of Wareham in the County of Dorset
Draper the sum of one hundred Pounds I give and bequeath unto Elizabeth
Butler Widow of my late Nephew George Butler late of Swanage in the Island
of Purbeck Mercer deceased the sum of five hundred pounds for her sole use and
benefit and I direct the same to be paid to her within six calendar months
after my decease I give and bequeath unto Ann Bird Butler George Clark
Butler Elizabeth Butler Thomas Butler Mary Butler and Martha Butler
Children of my said Nephew George Butler the sum of two hundred pounds each
to be paid to them respectively upon their attaining their respective ages of twenty
one years and in the mean time I direct my Executors and the survivor of them
and the Executors Administrators or assigns of such survivor to lay out and
invest the same in their or his names or name in the public stocks or funds of Great
Britain and pay the interest dividends and annual produce arising from each of
the said legacies unto my Niece the said Elizabeth Butler their Mother until
they respectively attain the said age of twenty one years towards their
maintenance education and support But in case the said Elizabeth Butler shall
depart this life leaving any of her said Children under the age of twenty one
years then I direct that my said Executors and the survivor of them and the
Executors administrators and assigns of such survivor shall appropriate all or any
part of the interest dividends and annual produce arising from the respective
Legacies of the Child or Children who may be so under the age of twenty one years at her
death in the maintenance education and advancement in the world of such Child
or Children respectively and shall invest the residue of such interest dividends and
annual produce (if any) or the whole (if no part thereof shall be applied for the
purposes aforesaid) in their names or name in such or the like stocks and funds as
aforesaid so that the same may accumulate in the nature of compound
interest and become payable at such and the same times as the original legacy is
herein directed to be paid provided nevertheless that in case either of them the said
Ann Bird Butler George Clark Butler Elizabeth Butler Thomas Butler 
Mary Butler and Martha Butler Children of my said Nephew George Butler
shall happen to die under the age of twenty one years leaving issue one or more
Child or Children then I direct that the legacy of him or her so dying as well
orginal as accruing under or by virtue of this my Will shall go and be paid to
such Child if only one or all such Children if more than one in equal shares but
in case of the death of either of them the said Ann Bird Butler George Clark
Butler Elizabeth Butler Thomas Butler Mary Butler and Martha Butler
Children of my said Nephew George Butler under the age of twenty one years
without leaving any issue then and in that case I give and bequeath the share
of him or her so dying unto and equally amongst the survivors or survivor and others
or other of them the said Children of my said Nephew George Butler who shall attain
the age of twenty one years or dying in the mean time shall have left issue one or
more Child or Children such last mentioned Child or Children taking only the share
which the parent would have taken if living I also give and bequeath to Sarah Bird
Butler Daughter of my late Nephew Thomas Butler of Poole aforesaid Grocer 
deceased the sum of five hundred pounds sterling to and for her own use benefit and



disposal and in case the said Sarah Bird Butler shall be under the age of
twenty one years at my decease then the said sum of five hundred pounds shall
be placed out or invested for her benefit by and in the names of my said executors
in the public stocks or funds of Great Britain the dividends or annual produce of
which shall during her minority be paid to her mother Susanna Butler wife of
my said Nephew Thomas Butler deceased for her maintenance education and
support but in case the said Sarah Bird Butler shall depart this life under the
age of twenty one years leaving issue one or more child or Children then in trust
for and I give and bequeath the said legacy or sum of five hundred pounds unto
the child if only one or all the children if more than one of the said Sarah Bird
Butler shuch Children if more than one to take in equal shares but in case the
said Sarah Bird Butler shall depart this life under the age of twenty one
years without leaving any issue then I give and bequeath the said Legacy or
sum of five hundred pounds unto the said Susannah Butler the Mother of the
said Sarah Bird Butler her executors administrators and assigns for ever I
also give and bequeath unto the said Susannah Butler the sum of two hundred
pounds to her within six Calendar Months after my decease I also give and
bequeath unto my female servant Elizabeth Barnett in case she shall be in
my service at my decease but not otherwise the sum of two hundred pounds
Sterling and to my female Servant Ann Abarrow the like sum of two hundred
pounds sterling in case she shall be in my service at my decease and not
otherwise and I direct that both the said last mentioned legacies to my servants
shall be free of legacy duty which I direct shall not be paid by them but shall
be paid out of my Residuary Estate and I further direct that the last mentioned
Legacies shall be paid to the Legatees respectively by my said Executors
within three calendar months after my decease I also give and bequeath unto
my Niece Martha Best all and singular my household goods and furniture
of every sort and kind and my printed books and Manuscripts plate glass linen
china wines and spirits and the casks and bottles containing the same to and for
her own use benefit and disposal I give and devise all and every my messuages
Lands Tenements and Hereditaments situate lying and being at Poole
aforesaid unto and to the use of the said William Brewer Best his heirs and
assigns forever And Whereas I lately sold and conveyed to George Kemp
the Younger of Poole aforesaid Merchant for a valuable consideration a piece
or parcel of Land on Canford Heath in the said County of Dorset allotted or intended to
be allotted to me under the Canford and Poole Inclosure Act in right of my
Land and Premises in or near Church Street in Poole aforesaid Now I do
confirm the said sale and do give and devise all my Estate and Interest in
the said piece parcel or allotment of Land unto and to the use of the said George Kemp
his heirs and assigns for ever & I give and bequeath unto my Sister in Law Mary
the wife of Charles Barton one annuity or clear yearly sum of twenty five
pounds to be paid and payable to her by my Niece Martha Best wife of the
said William Brewer Best out of the Residuary property hereinafter 
bequeathed to her and to be payable half yearly on the sixth day of January and
the sixth day of July the first payment whereof shall be made on the first of
those days which shall happen after my decease and I request that no
particular sum be set apart for that purpose trusting as I hereby do to the
ability and integrity of my said Niece I give devise and bequeath all and every
other my Messuages Lands Tenements and Hereditaments whatsoever and
wheresoever not hereinbefore devised whereof wherein or whereto I am any
wise siezed possessed or entitled or over which I have any disposing power
and also all and singular the Rest residue and remainder of my personal
Estate Goods Chattels and Effects (after payment satisfaction and discharge of
my just Debts Funeral and Testamentary expences and Legacies) unto and to the
use of the said Martha the wife of the said William Brewer Best her heirs
executors administrators and assigns according to the different natures and
qualities of the same respectively And I hereby declare that they my said Trustees
										and



and Executors their executors and administrators or any of them shall not be
answerable or accountable for more monies than they shall respectively actually
receive nor with or for any loss which may happen to the said trust monies and
premises so as such loss shall happen without their respective wilful default
nor one of them for the other of their or for the acts receipts defaults or disbursements
of the other of them but each for his own acts receipts defaults and disbursements
only and also that it shall and may be lawful to and for my said Trustees and
Executors their executors and administrators to reimburse themselves respectively
and also to allow and pay to each other all such loss costs charges and expences as
they respectively shall sustain expend or be put unto in or about the execution
of this my Will or the trusts hereby in them reposed I give devise and bequeath
unto the said William Brewer Best all such Lands Tenements and
Hereditaments as I now hold as Trustee To hold unto him the said William
Brewer Best his heirs executors and administrators subject nevertheless to
such trusts as shall be then subsisting therein respectively And lastly
revoking all former Wills by me at any time or times made I publish and
declare this to be and contain my last Will and Testament only In Witness
whereof I the said Thomas Young Bird the Testator have to this my last Will
and Testament contained in four sheets of paper set my hand and seal (that is to
say) to the first three sheets I have subscribed myname and to this fourth and
last sheet I have subscribed my name and affixed my seal this fifth day of 
October in the year of our Lord one thousand eight hundred and twenty two
T. Y. Bird  LS  Signed sealed published and declared by the said Thomas
Young Bird 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 hereunto subscribed our names as witnesses attesting the due
execution hereof  Thos Parr  H. M. Aldridge  Rd. W. Parr

Proved at London 20th September 1830 before the Judge by the oaths of
The Reverend Peter William Jolliffe Clerk and William Brewer Best the
Nephews the Executors to whom Administration was granted having been
first sworn (by Commission) duly to Adminsiter

Last Modified: Thursday, 08-Aug-2013 18:49:33 NDT