20 February 1832 Will of John Bonham Carter of Ditcham Grove, Hampshire, Esquire (proved 21 April 1838)

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

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

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