Source: TNA, PROB 11/1893
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This is the last Will and Testament of me John Bonham Carter of Ditcham Grove in the County of Southampton Esquire First I will and direct that all my just debts Funeral and Testamentary charges and excpences be fully paid and satisfied by my Executors hereinafter named out of my personal Estate (excepting the articles hereinafter specfifically bequeathed to my Wife for her life) And in case the said Personal Estate (exclusive of the said Articles) shall be insufficient then by and out of any Real Estate I give and bequeath to my wife Joanna all the Jewels Rings Trinkets and Ornaments of her person and other Articles of the same or the like sort which she shall have in her custody or power at the time of my decease And also all my Linen China and Household Goods and Household Furniture (except my Books Plate and Plated Articles) and all my wines Liquors Carriages Horses and Harness (except Horses employed in Trade and their Harness) and Cows Implements of Husbandry and Farming Stock including Manures and growing Crops of which I shall be possessed at my death to and for her own absolute use and benefit And I give and bequeath unto Edward Carter of Portsmouth in the said County Esquire and my Brother in Law Samuel Smith of Duke Street in the City of Westminster Esquire their executors admors and assigns All the Books Plate and Plated Articles whatsoever of which I may be possessed at my decease Upon Trust and to the intent that my said Wife may have the use and enjoyment thereof respectively until her decease And immediately after her decease the Trustee or Trustees for the time being of this my Will shall stand and be possessed of the said Books Plate and Plated Articles to be kept in Specie as part of my Residuary Personal Estate and to be subject to all the limitations and Trusts thereof I give to my said Wife and her assigns one yearly sum of one thousand and eight hundred pounds payable to her half yearly during her natural life the first payment thereof to become due at the end of six Calendar Months after my decease the same Annuity to be charged upon and answered out of my Real and Personal Estate in the mean time and until a Fund shall be appropriated for answering the said Annuity and to be attended with the like powers of distress on my Freehold Copyhold and Leasehold Estates (except the Brewery or Trade Property hereinafter mentioned) and the disposition or management of such distress to be the same as if the said Annuity were a rent reserved on a Lease for years Provided always that when and as soon as sixty thousand three pounds per Cent Conslidated Annuities shall be appropriated in the name or names of the Trustee or Trustees for the time being of this my Will as a Fund to answer the said Annuity then and in that case and from that time all my Real and the surplus residue of my Personal Estate shall be exonerated and discharged from the payment of the same Annuity And I direct that the Provisions made for my said Wife shall be in lieu and satisfaction of all dower and freebench to which she is or may be entitled and also of a certain annual sum of one hundred pounds mentioned in my Marriage Settlement as payable to my said Wife out of the Property taken by me under the Will of my late Father but not in lieu or satisfaction of any other provision for her contained in such Marriage Settlement I bequeath to each of my Sisters Mrs Evelegn Mrs Giffard and Miss Dorothy Carter the sum of one hundred pounds and to my Niece Louisa the eldest Daughter of my late dear Sister Mary the sum of fifty pounds to be paid to them within six Calendar Months after my decease I bequeath to each of them the said Edward Carter and Samuel Smith the sum of fifty pounds as a small acknowledgemt for the trouble they may have in the execution of the Trusts of this my Will I bequeath to each of my younger Sons already born and hereafter to be born the sum of twelve thousand pounds of lawful money of the United Kingdom and to each of my Daughters already born and hereafter to be born the sum of nine thousand pounds of like lawful money to be paid to each of my said younger Sons and my said Daughters respectively at the times and in manner hereinafter directed (that is to say the Legacy of each of my said younger Sons to be paid to him when he shall attain the age of twenty one years unless my said Wife shall be living at that time and if she shall be then living the sum of eight thousand pounds part of such Legacy to be paid on his so attaining the age of twenty one years and the sum of four thousand pounds residue thereof to be paid at the decease of my said Wife and the Legacy of each of my Daughters to be paid to her when she shall attain the age of twenty one years or be married with the consent of her Guardian or Guardians for the time being (whichever event shall first happen) unless my said Wife shall be living when the same shall happen and in case she shall be so living then the sum of five thousand pounds part of such legacy to be paid when such event shall happen and the sum of four thousand pounds residue thereof to be paid at the decease of my said Wife And as to and concerning such part of the said Legacy to each Son and Daughter as shall not be payable until the decease of my said Wife I direct that the interest dividends and annual proceeds of such part shall from the time of my decease and during the life of my said Wife go and be paid and applied in or towards payment of the said Annuity hereinbefore given to my said Wife and I direct that until a Fund shall be appropriated to answer the said Legacies to my said younger Sons and my said Daughters the same or such part thereof as shall not be raised and invested shall bear interest at the rate of four pounds per Cenum per Annum And I direct that in the mean while and until the said Legacies to my said younger Sons and my said Daughters shall become payable to them respectively the interest dividends and annual income thereof or a competent part thereof respectively shall (subject and without prejudice to the provision in respect of the annuity to my said Wife) be applied by the Trustees or Trustee for the time being of this my Will towards the maintenance education and advancement in the world of my said younger Sons and my Daughters respectively and the surplus (if any) of interest dividends and annual income to be added to and deemed part of the principal in increase thereof and in case any appropriation shall be made of a Fund to answer the said Annuity to my said Wife the Fund so appropriated shall be deemed a Security for such part of such of the said Legacies to my Sons and Daughters respectively as shall not be payable until the decease of my Wife And in case each any or either of my said younger Sons shall depart this life under the age of twenty one years or each any or either of my said Daughters shall depart this life under the age of twenty one years and without being married with such consent as aforesaid then and from that time the Legacy of each Child so dying and all additions thereto by accumulation shall fall into and be deemed part of or as the case may require an addition to my Residuary Personal Estate subject nevertheless and without prejudice to the provisions and reguations hereinafter contained I devise and bequeath to the said Edward Carter and Samuel Smith their heirs executors administrators and assigns All my share and Interest (in whatever the same may in my lifetime be modified) in the Business of a Brewer and Spirit Merchant now carried on at Portsmouth in the County of Southampton under the Firm of William Pike and Company and of and in the Capital of the same Trade and in the profits thereof existing at my decease and in the debts then owing to the same Trade And also of and in all the Messuages or Tenements private as well as public houses and real Estate now employed or at my death employed in or connected with or deemed or considered as belonging to the same Trade inclusive of Property though Real added in my lifetime by future purchases To hold the same to the said Edward Carter and Samuel Smith their heirs executors administrators and assigns and as to the Leasehold Estates for all the terms Estates and Interests therein at my death Upon Trust that my Trustee or Trustees for the time being do and shall carry on or join in carrying on the said Business (if it should seem prudent for him or them so to do) until my eldest Son John Bonham Carter (or such other of my Sons as by the provisions hereinafter contained shall eventually become entitled thereto) shall attain his age of twenty one years and do and shall by himself and themselves or by any person whom he or they shall appoint in that behalf conduct and manage the same Business (so far as my share or interest therein is concerned) and for that purpose enter into such engagements and contracts and employ such persons at such Salaries as he or they shall think proper and reasonable and adjust and settle all accounts and transactions in which I shall be interested and compromise and compound any debts owing to me or claimed from me in respect of the said Business and make and consent to any alteration or variation in the number of Partners or the share of Captial and profits and generally do or cause to be done all such acts and deeds relative thereto with the same power and discretion as if he or they was or were absolutely entitled for his or their own benefit to my share and interest therein And I declare that all losses charges and expences of so carrying on the said Business shall be borne paid and defrayed out of the money which shall come to the hands of my said Trustees or Trustee for the time being under any of the Trusts of this my Will And in case it shall be deemed adviseable by the Trustees or Trustee for the time being of this my will to sell any part of the messuages lands tenements buildings and hereditaments connected with or considered as belonging to the said Business or in case the said Trade or Business shall for any reason or under any circumstances cease to be carried on and it shall be deemed adviseable to sell all or any of the said messuages lands tenements buildings hereditaments and premises then and in any such cases I authorize and empower my said Trustee and Trustees for the time being to sell and dispose of such part or parts or as the case may require all the said messuages lands tenements buildings hereditaments and premises and to convey the same to the same to the purchaser or purchasers thereof with all such and the like powers as are herinafter given for facilitating the Sale of such other of my Estates as the Trustees or Trustee for the time being of this my Will are and is authorized to sell in manner hereinafter expressed And in as much as the part or share in the said Business of Brewers and Spirit Dealers so carried on as hereinbefore mentioned to which I am entitled under and by virtue of the Wills of my Father and my Sister Sophia respectively is in the event of my leaving Children given over to such Children Now I declare that the provision made for my said younger Sons and my said Daughters is made and shall be accepted by them respectively in lieu and full satisfaction of their shares and interests and of all other provisions and benefit to which they respectively are or may be entitled under the Wills of my said Father and Sister Sophia respectively in the regard to the Brewery or Trade Property hereinbefore mentioned But the provision for my said Children under this my Will is to be in addition to the provisions to which they are entitled under the Settlement made on my Marriage with my said Wife and also in addition to their shares and interests of and in the property of my Father and Sister respectively not at my death employed in or for the purposes of the said Trade and I direct that each of my said younger Sons and of my said Daughters and all and every person or persons claiming or to claim from by or under them respectively shall at the request of my Trustee or Trustees for the time being and at the costs and charges of my Trust Estate well and effectually convey assign and assure to the Trustee or Trustees for the time being of this my Will the said several and respective shares of them my said Children of and in the said Business so carried on as aforesaid and the Capital Stock in Trade messuages tenements and Real Estate now or hereafter employed in or connected with the said Business or considered as belonging thereto And all the right title interest property claim and demand of them my said younger Sons and my said Daughters respectively of in to or out of the same and every or any part thereof And I do hereby further direct that before any of my said younger Sons and of my said Daughters shall become entitled to receive his or her Legacy so given and bequeathed to them respectively as aforesaid or any part thereof he or she and all and every person or persons claiming or to claim from by or under him or her shall make do acknowledge levy suffer and execute all such acts deeds conveyances or other assurances in the law as shall be requisite and necessary for conveying assigning and assuring his or her said share and interest of and in the said Business and the property employed therein or belonging or considered as belonging thereto to the Trustees or Trustee for the time being of this my Will for the purposes of this my Will But no provision hereinbefore contained shall impede or suspend the right of obtaining against my Children during their minority a Decree declaratory of their Election to accept or reject the provisions of this my Will I give devise and bequeath all other my freehold leasehold and copyhold manors messuages lands tenements and hereditaments and Real Estate and the benefit of my said Trade and the Capital and other Property therein including Real Estate of which the same may consist And my ready money monies in the public Funds Government and other Securities for money Freehold Property goods chattels and Personal Estate whatsoever (subject nevertheless to my debts funeral and Testamentary charges and expences and also of the Fund if any to be appropriated to answer the said Annuity and to the Legacies to my said younger Sons and my said Daughters) to the said Edward Carter and Samuel Smith their heirs executors administrators and assigns To hold the same unto and to the use of the said Edward Carter and Samuel Smith their heirs executors administrators and assigns according to the nature and quality thereof and of my Estates and Interests therein In Trust for my eldest or only Son living at my death his heirs executors administrators and assigns and in case he shall depart this life under the age of twenty one years then In Trust for his younger Brothers severally and successively according to the priority of their births and their respective heirs executors administrators and assigns every elder of them to take before every younger of them and his Estate and interst to be determinable for the benefit of his next younger Brother his heirs executors administrators and assigns in the event and only in the event of the death of such elder Brother under the age of twenty one years and I direct that no conveyance or assignment shall be made to my elder Son for the time being his heirs executors administrators or assigns until a Fund shall have been provided for payment of the said Annuity to my said Wife and the Legacies to my said younger Sons and my said Daughters And I appoint the said Edward Carter and Samuel Smith Executors In Trust of this my Will and I give the Guardianship Tuition care management and education of all my children born and to be born and of their property Real and Personal to my said Wife during her life and after her decease the said Edward Carter and Samuel Smith and the survivor of them during the respective minorities of my said Sons respectively and as to my Daughters while they shall be under the age of twenty one years without having been married And I direct that my said Trustee and Trustees for the time being shall as soon as conveniently may be after my decease sell dispose of and convert into money All the said Residue of my Personal Estate (not specifically given) and collect and receive all money owing to me on simple contract and other Securities (except such securities as it may be deemed expedient to continue) and may from time to time alter and vary any of the Stock Funds and Securities belonging to me at my death or which shall be acquired after my death in such manner as my Trustee or Trustees for the time being may in his or their discretion think fit and I direct that the said Trustees or Trustee for the time being do and shall in the first place out of the money which shall come to his and their hands pay and apply a competenet part of the same money in satisfaction and discharge of all the debts which shall be owing by me at my death and lay out and invest the Residue of the said money as the same shall from time to time come to his and their hands in their or his names or name either in some or one of the Parliamentary Stocks or Funds of Great Britain or on Real Security either Freehold Copyhold or Leasehold in England or Wales at Interest and alter change and vary the same Security or Securities from time to time as he or they in his or their discretion shall think proper and my said Trustees or Trustee for the time being shall from time to time permit and suffer or otherwise authorize and empower my said Wife or her assigns to receive and take so much of the rents dividends interest and income of my said Truest Estate (including my share of Trade Property) as shall be requisite to answer and make up the said Annuity of eighteen hundred pounds so far as the same Annuity shall not be secured by such appropriation as aforesaid and at the days or times hereinbefore appointed for payment of the same annuity and with a proportionate part of the same Annuity up to her death And in the next place appropriate Funds to answer the said Legacies to my said younger Sons and my said Daughters (except so far as the part not payable until the decease of my said Wife shall be secured by the appropriation of a Fund to answer all or any part of the said Annuity to my said Wife) and answer or pay the Interest which from time to time shall be payable for all or any part of the Legacies of my said younger Sons and my said Daughters and I direct that neither my said Wife or any of my said younger Sons or my said Daughters shall have any right to compel an appropriation for answering the said Annuity or any of the said Legacies until my Trustee or Trustees for the time being shall find it convenient and deem it expedient to make such appropriation And I direct that notwithstanding any of the Trusts hereinbefore contained the said Trustee or Trustees for the time being of this my Will may from time to time and at all times during the minority of any Child who by virtue of any of the Trusts aforesaid shall for the time being be entitled to the possession or the rents of all or any part of the aforesaid Trust Estates Freehold copyhold or leashold demise or lease all or any part or parts of the said manors messuages lands tenements & hereditaments with the appurtenances to any person or persons for any number of years not exceeding fourteen years to take effect in possession and not in reversion or by way of future interest so as there shall be reserved or every such demise or lease the best or most improved yearly rent or rents to be incedent to the immediate reversion of the hereditaments so to be leased or demised that can or may be reasonably gotten for the same And I direct that the Trustee or Trustees for the time being of this my Will shall have full power authority and discretion to renew or abstain from renewing any of my Leasehold Estate or interest and if he or they should think fit to renew the same he or they may renew on such terms as he or they in his or their discretion may seem reasonable and pay the fines fees and expences of such renewal out of my Trust money and all such renewed Estates and interests shall be held under and subject to the Trusts of this my Will And the Trustee or Trustees for the time being of this my Will shall also have full power and authority to lay out and invest the Residue of my Personal Estate or any part thereof in the purchase of lands and Tenements freehold copyhold or leasehold in that part of Great Britain called England or in the principality of Wales to be considered if Real Estate as Real Estate for all the purposes of this my Will and convey and settle the said lands and tenements so to be purchased as aforesaid or cause and procure the same to be conveyed and settled to such uses and upon such trusts and for such estates and with and subject to such powers and provisoes as if they were part of my Freehold Copyhold and Leasehold Estates And I direct that the Trustee or Trustees for the time being of this my Will may at any time after my decease apply all or any part of the rents dividends interest and income arising from the said Trust Estates (including my Brewery and Trade) but not exceeding five hundred pounds in any year in or towards the maintenance education shooling clothing or advancement in such manner as the said Trustee or Trustees for the time being of this my Will may think fit of my elder Son for the time being entitled to the income of the said Trust Estate and also to advance and pay to and for each any or either of my said younger Sons and of my said Daughters notwithstanding his or her minority any part not exceeding the sum of two thousand pounds of the then vested or expectant legacy of the same Child for placing out such Child being a male to and Profession or Employment or in the purchase of a Commission or Commissions or promotion for him in the Army or in the education of any Child being a male at any university or universities or any other Seminary of Learning or any of the Inns of Court or of Chancery or for the advancement or preferment in the world or in marriage of any such Child being either a male or female and further that all sums of money or other proprty which shall be advanced to or for such of the same Children shall be taken and considered as a part of his or her legacy and be deducted and allowed out of the same notwithstanding his or her death before his or her legacy shall be absolutely vested in him or her notwithstanding the right to the same legacy may be afterwards defeated or avoided And I direct that so much of the rents interest dividents and annual income arising from the Trust Estate which for the time being shall belong to my elder Son for the time being during his minority and as shall not be applied for the maintenance education and advancement of the same Son shall be added to the principal of my Residuary Personal Estate in increase tehreof and be improved at interest together with the same and as part thereof by way or in the nature of compound interest and shall follow and be subject to all the trusts charges dispositions and limitations over including the said Annuity and legacies declared by this my Will concerning the principal of the same Residuary Personal Estate until the same Residuary Personal Estate or the Securities on which the same shall be invested shall become absolutely vested and discharged from all further limitations over And I give and bequeath to the said Edward Carter and Samuel Smith their heirs executors administrators and assigns according to the nature and quality of my Estate and Interest therein) All and singular the Freehold manors messuages lands tenements and hereditaments of in and to which either in my own right or as an heir at law or otherwise howsoever I am seized possessed interested or in any wise entitled either as a Mortgagee for my own benefit or for the benefit of any other person or persons whomsoever or as a Trustee for any purposes whatsoever To the end and intent that they the said Edward Carter and Samuel Smith and the survivor of them his heirs executors administrators or assigns may have a complete power of conveying and transferring the said manors messuages lands tenements and hereditaments respectively when a conveyance of the same respectively shall be necessary and may also be enabled to perform the Trusts on which the same respectively are held by me and receive into his and their hands the sum or sums of money (if any) which is and are due and shall become due to me on the Security of the same manors messuages lands tenements and hereditaments respectively and also such other sum and sums of money (if any as are or shall be receiveable under or by virtue of the Trusts on which I hold any of the said manors messuages lands tenements and hereditaments respectively and as far as it is in my power and I am entitled so to do I direct that all conveyances which shall be made and all receipts and discharges for money due and to be due as aforesaid which shall be given by the said Edward Carter and Samuel Smith or either of them or by the heirs executors or administrators of the survivor of them or by his or their Agent or Agents Attorney or Attornies or under his or their direction shall be as good valid and effectual to all intents and purposes as if the same conveyances were made or receipt or other discharges were or had been given by me in my lifetime And as to all my property including the proprty of which I am a Trustee I directed that the person or persons who shall make any payment to the said Edward Carter and Samuel Smith or either of them respectively (being an acting Trustee or Trustees under this my last Will and Testament) or to the heirs executors or administrators of the survivor of them or the Trustee or Trustees for the time being of this my Will for or on account of any sum or sums of money due and to be due to me or to my Trust Estate shall not be obliged or required to answer or account or be answerable or accountable for the misapplication or nonapplication of the money to be paid as aforesaid or in any respect to concern himself herself or themselves with the application thereof And I declare that the Trustee or Trustees for the time being of this my Will shall at any time or times within twenty one years after my death (provided the then beneficial owner under this my Will either by purchase or descent or representation shall be a Minor) have full power and authority to sell or to exchange or make partition of all or any of the Freehold Copyhold and Leasehold Estates which for the time being shall subject to the Trusts of this my Will free and discharged from the Annuity of my said Wife and to give and receive any money for equality of exchange or partition and to give effectual receipts and discharges for the money arising from Sale or to be received for equality of exchange or or partition and he or they shall lay out the surplus money arising from Sale or from exchange or partition in the purchase of other Real Estates (freehold or copyhold or leasehold) to be settled according to the nature quality and tenure thereof to the then existing uses and Trusts of this my Will and in the mean time lay out in his or their name or names such money on Government or Real Security with like power as aforesaid to alter and vary with Stocks Funds and Securities And I direct that the dividends interest and income shall belong to the same person or persons as for the time being would be entitled to the rents of Real Estates of inheritance if purchased for the purposes of this my Will and that on the death or resignation or refusal to act of any of the Trustees for the time being of this my Will or of any new or substituted Trustee or Trustees the Trustee or Trustees for the time being or the then acting Trustees or Trustee or the executors or administrators of the last acting or last surviving Trustee may fill up the vacancy in the number of Trustees (nevertheless only with the consent and concurrence of my said Wife while living) and after her death in his or their discretion and the Trustee or Trustees for the time being shall have all the powers and authorities given tot he Trustee or Truestees for the time being of this my Will And the Trustee and Trustees for the time being of this my Will shall be indemnified from all the costs charges and expences attending the execution of the Trusts of this my Will and no one of them shall be answerable for the receipts acts deeds or defaults of any other or others of them And the Trustee or Trustees for the time being shall have full power to settle adjust and allow the accounts of any Trustee or Trustees who shall depart this life or be desirous of being discharged of and from the aforesaid Trusts or who shall go to reside beyond Seas or shall neglect or refuse or become incapable to act in the said Trusts and in whose place or stead a new Trustee or Trustees shall be appointed as aforesaid and also to receive and give discharges for the money which shall appear to be the balance of the same accounts without any responsibility in the person or persons paying the same money to see to the application thereof or be answerable or accountable for the misapplication or nonapplication of the same So nevertheless as such account shall be allowed approved and signed as allowed and approved by my said Wife if living and as far as it may be necessary or found expedient my Trustee or Trustees for the time being shall have full power discretion and authority to fix and ascertain either by actual computation or by way of compromise the annual profits of my said Trade and to distinguish the income of Real from the income of Personal Estate when the income shall arise from two funds which shall be mixed or divided And I direct that all accounts to be so settled shall be binding and conclusive on all persons claiming any benefit under the Trusts of this my Will and also my said Trustee or Trustees for the time being may in his or their discretion compound any debt or debts owing or to be owing to me or my Trust Estate and accept part thereof in full of the same or to give or allow an enlarged day or days for the payment thereof And also sign the Certificate of any Bankrupt and to pay any debts which shall be claimed to be owing from me in such manner and on such evidence as he or they shall think proper to admit And he or they shall or may refer to arbitration or arbitration and umpirage any difference which in the execution of the said Trusts shall or may arise between him or them and any other person including any Partner or Partners who is or are or shall or may claim to be a debtor or debtors to or creditor or creditors of my said Trust Estate and the award or determination which shall be made on such reference or umpirage shall be binding and conclusive on all persons claiming any benefit under this my Will And the said Trustee or Trustees for the time being or the major part or number of them may declare that any of the debts owing to me are irrecoverable or not worth the expense of being sued for at law or in equity and my said Wife her executors or administrators shall during the minority of my elder Son for the time being so entitled as aforesaid have the right and power of settling balancing and allowing the accounts of the Trustee or Trustees for the time being including the propriety and the reasonableness of all costs charges and disbursements incurred by the Trustee or Trustees for the time being in the execution of the Trusts of this my Will so as to close the said accounts and preclude all right of opening the same accounts and of all further investigation in the same accounts so far as they shall be allowed ^ In Witness whereof I the said Testator have to this my last Will and ^ And lastly I revoke all former Testament contained in twelve sheets of paper set my hand that is to say my hand to Wills made by me at any the first eleven sheets hereof and my hand and seal to this twelfth and last sheet this heretofore and do declare this twentieth day of February in the year of our Lord one thousand eight hundred and thirty writing to be my last Will two John Bonham Carter LS Signed sealed published and declared by and Testament the said John Bonham Carter the Testator as and for his last Will and Testament upon the day of the date in the presence of us who in his presence in the presence of each other and at his request have hereto subscribed our names as witnesses Wm Albery J S Eldridge E Rogers } Clerks to Mr Mitchell Solr Petersfield This is a Codicil to be added to and taken as part of the last Will and Testament of me John Bonham Carter of Ditcham Grove in the County of Southampton Esquire First I revoke such of the bequests in my Will made of my Books to my Trustees in Trust for my Wife as to such as are Greek and Latin Books and all such as relate to Greek Latin and English Antiquities and all my Law Books which said several Books I give and bequeath to my eldest Son John Bonham Carter absolutely leaving the residue of my said Books to go according to the said bequest And I hereby revoke the devise and appointment in my Will contained to my Trustees therein mentioned of all and every such part and parts of my said Real Estate as shall consist of Copyholds of Inheritance or for lives And I hereby give and devise the same and all and every by Copyhold or Customary messuages lands tenements and hereditaments of which I shall die seized to my said Son John Bonham Carter his heirs and assigns absolutely Provided nevertheless that if my said Son shall depart this life under the age of twenty five years without Issue born in his lifetime or in due time after his decease I declare that the bequeat of my said Greek Latin English and Law Books hereinbefore bequeathed to him and the devise of my Copyhold or Customary messuages lands and hereditaments hereinbefore devised to him shall be considered as revoked and of none effect and the said Books and my said Copyhold and Customary hereditaments so hereinbefore devised to my said Son shall be held by the Trustees of my said Will upon the Trusts therein mentioned of the said Books and of my general Real Estate And I hereby declare that if my general Real and Personal Estate shall not be sufficient to realize the sums charged thereon and directed by my said Will to be raised thereout for the benefit of my said Wife and my younger Children my said Copyhold Estates hereinbefore divided to my said Son John Bonham Carter shall be charged and chargeable with so much as my said general Real and Personal Estate shall be deficient but if in the judgement of the Trustees or Trustee of my Will for the time being such general Real and Personal Estate shall be sufficient to realize such charges it shall be lawful for them or him to release my said Copyhold or Customary messuages lands and hereditaments or any part or parts thereof from the charge hereinbefore made thereon To the intent that the same may be entirely discharged therefrom And I direct and declare that the period at which my eldest Son for the time being shall be considered to be entitled to a vested interest in and have power to dispose of my general Real and Personal Estates subject to the charges in my said Will mentioned shall be deferred to the age of twenty five years instead of the age of twenty one years in my said Will named And in the event of such elder Son for the time being dying under the said age of twenty five years and without Issue born in his lifetime or in due time after his decease the next of my said eldest Sons in succession shall be entitled to the same Real and Personal Estates at his age of twenty five years in such and the same manner as in my said Will provided respecting the said Real and Personal Estate in the event of my eldest Son for the time being dying under the age of twenty one years it being my intention that until my eldest Son for the time being shall attain the age of twenty five years he shall not have a vested interest in or power to dispose of my said Real and Personal Estate Provided nevertheless and I hereby declare that in the event of my eldest Son for the time being having issue of his body lawfully begotton born in his lifetime or in due time after his decease before he shall attain his said age of twenty five years then and from thenceforth the said Real and Personal Estate shall notwithstanding the direction aforesaid but subject to the charge in my said Will mentioned become vested in and be at the absolute disposal of such eldest Son for the time being so having issue as aforesaid And I hereby further declare that during the time of the suspense of vesting of my said Real and Personal Estate as aforesaid my said Trustees or Trustee for the time being shall have full power after my said eldest Son for the time being shall have attained his age of twenty one years to pay and apply to or otherwise permit him to receive all or any such part or parts of the rents interest and income of my Real and Personal Estate as they or he in their or his discretion shall think fit And I hereby further declare my Will and mind to be that the Legacies in my said Will provided for my younger Sons shall be paid and payable to them as they shall respectively attain the age of twenty five years (instead of the age of twenty one years as in my said Will is mentioned) as to so much thereof as is payable in the life time of my said Wife and also as to so much thereof as is payable after her decease in the event of her dying whilst any such one or more of my said younger Sons shall be under the said age of twenty five years Provided nevertheless and I hereby declare that in the mean time and until the said Legacies shall be payable as aforesaid my said younger Sons shall be entitled to the interest on such part of the said Legacies as under the direction of my Will is payable in my Wife's life time and after her decease on the Residue thereof from the time of their respectively attaining the said age of twenty one years And I hereby declare that in the event of either of my said younger Sons dying under the said age of twenty five years without having Issue born in their or his lifetime or in due time after their or his decease the Legacies or Legacy of them or him so dying under the said ages of twenty five years and without issue as aforesaid with the accumulation thereof if any shall sink into and form part of my general residuary Estate in such and the same manner as in my said Will is mentioned respecting the said legacies in the event of my said younger Sons any or either of them dying under the said age of twenty one years Provided nevertheless that the powers of advancement in my said will contained for the benefit of my said younger Sons shall not be abridged or in anywise affected by the direction hereinbefore contained respecting the time of payment of the said legacies And whereas I have by my said given to each of my daughters the sum of nine thousand pounds payable as therein mentioned Now as to the sum of six thousand pounds part of the legacy of nine thousand pounds intended to be provided for Joanna Hilary Bonham Carter the eldest of my Daughters now living I declare my Will and mind to be that my said Trustees or Trustee for the time being shall set apart the same when and as the same shall be payable and stand possessed of the said sum of six thousand pounds Upon Trust to lay out and invest the same in their or his names or name in the Parliamentary Stocks or Public Fuds or on general or Real Security at Interest with full power to alter and vary the same at their or his discretion into other Securities of the same nature and stand possessed of the said sum of six thousand pounds and the Stocks Funds and Securities thereof Upon Trust to pay the Interest and dividends thereof to such person or persons and for such intents and purposes as my said Daughter Joanna Hilary Bonham Carter notwithstanding Coverture and as if she were sole and unmarried shall from time to time by any Writings or Writing signed by her own hand direct or appoint but so as not to dispose thereof by Sale charge or otherwise in the way of anticipation and in default of such direction or appointment into the proper hands of my said Daughter Joanna Hilary Bonham Carter for her sole and separate use and benefit exclusively of any husband she may marry and without being subject to his debts or engagements and the receipts or discharges of my said Daughter or of the person she shall appoint to receive the same shall be an effectual discharge to my said Trustees or Trustee for the time being for the money therein mentioned and acknowledged to be received And from and immediately after the decease of my said Daughter Joanna Hilary Bonham Carter the said sum of six thousand pounds and the Stocks Funds and Securities in which the same shall be invested and the interest and dividends thereof shall be and remain In Trust for all and every or such one or more exclusively of the other or others of the Children or Child of my said Daughter with such provisions for their respective maintenance education and advancement and in such shares if more then one and with such restrictions and in such manner as my said Daughter shall notwithstanding her being under coverture by any Deed or Deeds Instruments or Instruments in Writing with or without power of revocation and new appointment to be by her sealed and delivered or by her last Will and Testament in Writing or any Codicil thereto or any Writing in the nature of a Will to be by her signed and published in the presence of and attested by two or more credible witnesses from time to time direct or appoint and in default of such direction or appointment and so far as any such direction or appointment if incomplete shall not extend In Trust for all and every the Children and Child of my said Daughter and if more than one in equal shares as Tenants in common but no Child taking under any appointment to be made in exercise of the aforesaid Power shall be entitled to any share of the unappointed part of the said sum of six thousand pounds and the Stocks Funds and Securities thereof without bringing his her or their appointed part into Hotch pot and accounting for the same accordingly Provided always and I do hereby declare that if any one or more of the Children of my said Daughter Joanna Hilary Bonham Carter being a Son or Sons shall die under the age of twenty one years or being a Daughter or Daughters shall die under that age without being or having been married then as well the original share or shares ^ which by virtue of this present proviso shall ^ of the Child or Children so have survived or accrued to him her or them of and in the said sum of six dying as the share or shares thousand pounds and the Stocks Funds and Securities thereof shall remain and be to the othe ror others of the said Children and if more than one in equal shares as Tenants in common Provided always and I do hereby further declare that after the decease of my said Daughter and during such time as her said Children or any of them being a Son or Sons shall be under the age of twenty one years or being a Daughter or Daughters shall be under the said age and unmarried the said Trustees or Trustee for the time being shall receive the said Interest and Dividends of the share to which such Child shall be for the time being entitled under the Trusts and provisoes hereinbefore directed and contained and apply the same for or towards his or her maintenance and advancement or otherwise for his or her benefit and shall accumulate in any of the said Stocks Funds and Securities hereinbefore mentioned the Residue of the interest dividends and annual produce of the share or shares to which the Child or Children so under age shall for the time being be entitled under the Trusts aforesaid and hsall stand and be possessed of the respective accumulations upon the Trusts hereinbefore declared of and concerning the trust monies for which such accumulation shall have been respectively procured Provided always and I do hereby further declare that it shall be lawful for the said Trustees or Trustee for the time being during the life of my said Daughter with her consent to be testified by some writing under her hand notwithstanding her coverture and after her decease at their or his discretion to raise and apply all or any part of the share of any one of her said Children whose share shall not then be payable under the Trusts and provisions hereinbefore declared and contained for or towards his or her preferment advancement or benefit And I do hereby further declare that if there shall be no Child of my said Daughter or being such the Son or Sons shall died under the age of twenty one years ^ without being or having ^ and the Daughter or Daughters been married then after the decease of my said Daughter and such failure of her shall die under the age of issue as aforesaid the said sum of six thousand pounds and the Stocks Funds and twenty one years Securities thereof shall remain and be in Trust for such person and persons and upon such Trusts and for such intents and purposes and with under and subject to such powers provisoes and declarations as my said Daughter Joanne Hilary Bonham Carter shall notwithstanding her coverture by any Deed or Deeds Instrument or Instruments in Writing with or without power of revocation and new appointment to be by her sealed & delivered in the presence of two or more credible witnesses or by her last Will and Testament in Writing or any Codicil thereto to be by her signed and published in the presence of two or more credible witnesses from time to time direct or appoint and in default of such direction or appointment and so far as any such direction or appointmt if incomplete shall not extend the said sum of six thousand pounds or so much thereof as shall then remain unappointed under the Trusts hereinbefore declared and the Stocks Funds & Securities thereof shall remain & be in trust for such person & persons as under the Statute made for the distribution of the Estates of Intestates at the decease of my said Daughter & on such failure of Issue as aforesaid shall be the next of Kin of my said Daughter as if she had died sole and unmarried and to be paid and divided between and amongst such persons accordingly And I hereby further declare my Will and mind to be and I do direct my said Trustees or Trustee for the time being to set apart from the several legacies of each and every of my other Daughters the sum of six thousand pounds as the same shall be payable and stand possess thereof upon & for such & the same trusts & under & subject to such & the same powers & for such & the same ends intents & purposes in favor & for the benefit of each of them my said other Daughters and their issue and next of kin respectively as is hereinbefore expressed & declared of & concerning the said sum of six thousand pounds directed to be set apart for the benefit of my said Daughter Joanna Hilary Bonham Carter as if the same Trusts and powers were as to each of my said other Daughters & their issue & next of kin here again respectively repeated And I hereby confirm my Will in all other respects except as the same is hereby altered In Witness whereof I the said John Bonham Carter the Testator have at the end of this Codicil to my Will signed my name this twenty fifth day of January one thousand eight hundred and thirty eight John Bonham Carter Signed by the said John Bonham Carter the Testator in the presence of us present at the same time who have attested and subscribed this Codicil in the presence of the said Testator C J Hector Stodham Hants Edwd Hopkins Atty Aeresford Provd at London with a Codicil 21st April 1838 before the Worshipful JOhn Elliot Pasley Robertson Doctor of Laws & Surrogate by the Oaths of Edward Carter Esqr and Samuel Smith Esqr the Exors to whom Admon was granted having been first sworn duly to admr
Last Modified: Wednesday, 17-Aug-2011 11:49:12 NDT