Source: TNA, PROB 11/1972
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This is the last Will and Testament of me Dorothy Carter of Portsmouth in the County of Southampton Spinster whereby I humbly commend my Soul to God and dispose of all my worldly estate and effects in manner hereinafter mentioned whereas by the last Will and Testament of my late Father Sir John Carter deceased bearing date the twenty third day of February one thousand seven hundred and ninety two he gave all his estates and property he then had or might have at the time of his decease both real and personal wheresoever situate unto his trustees thereinaf- ter named with full power and authority to sell mortgage or dispose of the same directing that they should pay and discharge all debts or in- cumbrances that might be due from him at the time of his decease and that they should likewise have power to sell or dispose of his share or shares of any business he might be connected in under the Firm of William Pike & Co or any other Firm thereby to prevent any trouble or inconvenience to his said Partners trustees guardians or Executors by reason of any child or children he might have under the age of twenty one years and further directing that if any of his real or personal estates or property after discharging his debts should remain unsold his said trustees should have full power to dispose of the same to the best advantage and to lay out the monies arising there from on any security or securities they should approve to be divided as thereinafter directed and the said Testator thereby gave and bequeath- ed to his wife Dorothy all his household furniture plate linen and china and wine for her own use and benefit and likewise the sum of one hun- dred pounds to be paid as therein mentioned and the rest residue and remainder of his effects both real and personal he gave and bequeathed between his said Wife and the child or children he might have by her to be equally divided share and share alike as tenants in common and not as joint tenants with such further directions respecting the same as are therein contained and the said Testator thereby appointed his said Wife Henry Bonham Esquire of Petersfield (since deceased) and Arthur Atherley Esquire of Southampton (also since deceased) his trustees executors and guardians to his said child or children that he might leave at the time of his decease with full power to act in any respect as the said Testator during his lifetime and after giving further directions concerning his copartnership property by a Codicil to his said Will bearing date the twentieth day of February one thousand seven hundred and ninety four the said Testator by another Codicil thereto bearing date the ninth day of December one thousand eight hundred and seven writing that since the making of his said Will his two daughters Ann and Susannah were married to Captain Evelegh and Captain Giffard on whom he had settled on part of his freehold estates one hundred pounds annually to each of them directed that the said charge of one hundred pounds per year was to be part of what might come to them at this death under his said Will and his other children were to be entitled to one hundred pounds per year each of his said property to be on the same footing as his said daughters and the said Testator thereby further directed that if either of his children then living should be married and leave child or children the said child or children should be entitled to their fathers or mothers share that is one sixth part of his property except should his Wife survive him that she was to be entitled to one hundred pounds per annum during her life and at her decease the same equally to his said children which during her life would be one seventh part as by his will she was to be equal to each of his children and further directed that what his said Wife should take as her share or part of his property at her death was to be equally divided to his child or children or their heirs as thereinbefore mentioned and whereas my said father departed this life leaving my Mother the said Dorothy Carter and six children him surviving namely Ann Evelegh Susannah Giffard Mary Carter John Carter Sophia Carter and myself and my said Mother and my said Sisters Sophia and Mary have departed this life my said Sister Mary having intermarried with Mr Edward Carter And whereas my said Sister Sophia by her last Will and Testament bearing date the thirty first day of Mary one thousand eight hundred and thirteen gave devised and bequeathed all her share and interest whatsoever of and in the property estates and effects given and devised by and comprized in the Will of her said Father and of and in the profits and increase arising therefrom and of and in any purchase or purcha- ses made thereby unto her said mother for her life and after her de- cease unto her said Brother and Sisters to be equally divided between them share and share alike as tenants in common and not as joint tenants and their several and respective heirs executors administrators and assigns but if either of them her said Brother and Sisters should happen to leave any child or children she directed that such child or children should be entitled to their Father's or Mother's share and whereas I am desirous of giving my shares and interest of and in the said property estate and effects and of and in the profits and increase arising therefrom and of and and any purchase or purchases made thereby unto and amongst my said Brother John Carter now John Bonham Carter and my said surviving Sisters Ann Evelegh and Susannah Giffard and the children of my late Sister Mary Carter so that each of them my said brother and surviving Sisters shall have and take on fourth part of my said shares and the children of my said late Sister shall shall have and take the remaining fourth part thereof Now I do therefore hereby give devise and bequeath all and every my share and shares and all my interest whatsoever of and in the property estate and effects given and devised by and comprized in the Will of my said Father and the Codicils thereto and the Will of my said Sister Sophia Carter and of and in the profits and increase arising there from and of and in any purchase or purchases made thereby in manner following that is to say one undivided fourth part thereof unto my said Brother John Bonham Carter his heirs executors administrators and assigns one other undivided fourth part unto my said Sister Ann Evelegh her heirs executors administrators and assigns one other fourth part thereof unto my said Sister Susannah Giffard her heirs executors administrators and assigns and one other or the remaining fourth part unto the children of my late Sister Mary Carter deceased which shall be living at my decease to be equally divided between them share and share alike and to take as tenants in common and not as joint tenants and their several and respective heirs executors ad- ministrators and assigns Provided always that if either of them my said Brother and surviving Sisters shall leave any child or children it is my Will that such child or children shall be entitled to their Father's or Mother's share Provided also and my Will is that nothing herein contained shall be construed to lessen abridge or affect the powers and authorities of the trustees for the time being under the Will and Codicils of my said Father to sell and dispose of the proprty thereby devised or to manage the same or to lessen abridge or affect the powers of the trustees for the time being under the Will of my late Sister Sophia Carter for the like pur- poses I give and bequeath unto my housekeeper Charity Hankles for her life the dividends of the sum of one thousand pounds three per cent consolidated bank annuities and which after her decease shall sink into and be deemed part of the residue of my personal estate and shall be disposed of accordingly I do hereby devised that I may be buried in the yard of the Protestant Dissenters Meeting House situate in the High Street in Portsmouth aforesaid near the remains of my late parents and Sisters and I give and bequeath to the trustees of the said Meeting House the sum of thirty pounds to be by them applied in keeping up and maintaining the same and I give to the Reverend Russell Scott the present Minister thereof the sum of nineteen guineas All the Rest Residue and Remainder of my real and personal estate and effects (after payment of my debts funeral expences and the costs of proving this my Will and the expences incidental to the execution thereof) I give devise and bequeath in manner follow- ing that is to say one fourth part thereof to my said Brother John Bonham Carter his heirs executors administrators and assigns respec- tively one other fourth part thereof unto my said Sister Ann Evelegh her heirs executors administrators and assigns respectively one other fourth part thereof unto my said Sister Susannah Giffard her heirs executors administrators and assigns respectively and one other or the remaining fourth part unto the children of my said late Sister Mary Carter which shall be living at my decease to be equally divi- ded between them share and share alike and to take as tenants in common and not as joint tenants and their several and respective heirs executors administrators and assigns and if either of them my said Brother and surviving Sisters shall die before me leaving child or children my Will is that the share of him or her so dying shall go to his or her child or children respectively and the heirs executors administrators and assigns of such child or children And I do hereby no- minate and appoint my said Brother John Bonham Carter the said Edward Carter and George Atherley of the Town of Southampton Esquire Executors of this my Will and lastly I do hereby revoke and make void all other Wills by my at any time heretofore made and declare this only to be and contain my last Will and Testament In Witness whereof I have to this my last Will and Testament contained in five sheets of paper writing set my hand and seal that is to say my hand to the first four sheets hereto annexed and my hand and seal here to the thirteenth day of November one thousand eight hundred and thirty two Dorothy Carter LS Signed sealed published and de- clared by the said Dorothy Carter the Testatrix as and for her last Will and Testament on the day of the date in the presence of us who in her presence in the presence of each other and at her request have hereto subscribed our names as Witnesses D Howard John Howard William Nance This is a Codicil to be taken as part of the last Will and Testament of me Dorothy Carter of Portsmouth in the Coun- ty of Southampton Spinster which said Will bears date the thirteenth day of November one thousand eight hundred and thirty two whereas by my said Will I have given all and every my share and shares and all my interest of and in the property estate and effects given by and comprized in the Will of my father and the Codicils thereto and the Will of my Sister Sophia Carter and of and in the profits and increase arising therefrom and of and in any purchase or purchases made thereby unto my brother John Bonham Carter my Sisters Ann Evelegh and Susanna Giffard and the children of my late Sister Mary Carter deceased in the shares and in manner therein mentioned Now it is my Will and I do hereby direct that if my said Brother or either of them my said Sisters Ann Evelegh and Susanna Giffard shall die before me leaving child or children then and in such case the share of him or her so dying shall go to his or her child or children respectively which shall be living at my decease and the heirs executors administrators and assigns of such child or children and I do hereby give devise and bequeath the same to such child or children and to the heirs executors administrators and assigns of such child or children accordingly to be equally divided between such child- ren respectively if more than one share and share alike and to take as tenants in common and not as joint tenatns I give unto my housekee- per Charity Hankles for her life the dividends of the sum of five hun- dred pounds three per cent consolidated bank annuities in addition to the dividends given to her by my said Will of the sum of one thousand pounds in the same stock which said sum of five hundred pounds as well as the said sum of one thousand pounds shall after her decease sink into the residue of my personal estate I give unto the Reverend Mr Hawkes Minister of the Protestant Dissenting Meeting House in the High Street Portsmouth the sum of ten guineas the legacy given by my Will to the Reverend Russell Scott late Minister thereof being lapsed by his death and lastly I do hereby ratify and confirm my said Will in all respects not hereby altered In Testimony whereof I have to this Codicil to my said Will set my hand and seal the twenty second day of March one thousand eight hundred and thirty seven Dorothy Carter LS Signed sealed published and declared by the said Dorothy Carter the Testatrix as and for a Codicil to her last Will and Testament upon the day of the date in the presence of us who in her presence in the prence of each other and at her request have hereto subscribed our names as Witnesses D Howard Portsea A Chamberlan his Clerk John Howard Portsmouth This is a second Codicil to the last Will and Testament of me Dorothy Carter of Portsmouth in the County of Southampton Spinster which said Will is dated the thirteenth day of No- vember one thousand eight hundred and thirty two whereas by my said Will I have given all and every my share and shares and all my interest of and in the property estate and effects given by and comprized in the Will of my Father and the Codicils thereto and the Will of my Sister Sophia Carter and of and in the profits and increase arising there- from and of and in any purchase or purchases made thereby unto my Brother John Bonham Carter my Sisters Ann Evelegh and Susan- nah Giffard and the children of my late Sister Mary Carter deceased in the shares and in the manner therein mentioned And whereas by a Codicil to my said Will which Codicil bears date on or about the twenty second day of March one thousand eight hundred and thirty seven I have so altered my said Will as to direct that if my said brother or either of them my said Sisters Ann Evelegh and Susannah Giffard shall die before me leaving child or children then and in such case the share of him or her so dying shall go to his or her child or children respectively which shall be living at my de- cease and the heirs executors administrators or assigns of such child or children and I do thereby give devise and bequeath the same to such child or children and whereas my late Brother John Bonham Carter Esquire departed this life on or about the eight- eenth day of February one thousand eight hundred and thirtyeight and I am therefore desirous of altering my said said Will and the said Codicil thereto so far as related to the one fourth part or share of and in all and every my share and shares and all my interest of and in that part of my property which consists of my share in the business of a Brewer and Spirit Merchant now carried on at Portsmouth under the Firm of William Pike and Company and of and in the Captial profits and credits of the same trade and of and in the messu- ages or tenements private or public houses and real estate now em- ployed or at my death employed or belonging to the same trade and whether such share or shares shall be the same which were given and devised by and comprised in the Will of my late father and the Will of my late Sister Sophia Carter or which have been or shall have been otherwise acquired during my life time and which said one fourth part or share of and in the premises before mentioned was by my said Will and the said Codicil thereto given to my said Brother John Bonham Carter or his child or children in the event of his decease in my lifetime Now I do hereby declare my Will to be that all that the said one equal fourth part or share of and in all and every my share shares and interests (in whateve rmanner the same may in my lifetime be modified) in the business of a Brewer and Spirit Merchant now carried on at Portsmouth under the firm of William Pike and Company as aforesaid and of and in the capital of the same trade and in the profits thereof 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 or chattel real estate now employed or at my death employed in or connected with or deemed or considered as belonging to the said trade inclusive of all property added thereto during my lifetime by future purchases or otherwise and of and in their and every of their rights mem- bers and appurtenances shall go and belong and the same are hereby respectively given devised and bequeathed unto my nephew John Bonham Carter the eldest Son of my late Brother solely and to his heirs executors administrators and assigns absolutely for his and their own use and benefit In respect of all other my real and Personal estate and effects not comprised in the said Brewery or Spirit Trade and not connected therewith or with the property employed in carrying on the same and generally in all other respects I ratify and confirm my said Will and the first Codicil thereto and particularly I declare that no- thing herein contained shall abridge or affect the powers and authorities of the Trustees for the time being under the Will or Codicils thereto of my said father to sell or dispose of the property thereby devised or to manage the same or to abridge or affect the powers of the Trustees for the time being of my late Sister Sophia Carter and in addition to the surviving Executors appointed by my said Will namely Mr Edward Carter and Mr George Atherley I do hereby nominate and appoint George Mark- ham Giffard of the Inner Temple London Barrister at Law and Edward Carter the younger of Portsmouth Esquire to be also Executors of my said Will and of the Codicils thereto In Testimony whereof I have to this Codicil set my hand and seal the fourth day of November in the year of our Lord one thousand eight hundred and forty one Dorothy Carter LS Signed sealed published and declared by the said Dorothy Carter as and for a Codicil to her last Will and Testament upon the day of the date in the presence of us present at the same time and who at her request in her presence and in the presence of each other have hereunto subscribed our names as Witnesses D Howard Josiah Joseph Webb his Clerk Proved at London with two Codicils 24th December 1842 before the Worshipful John Danbeny Doctor of Laws and Surrogate by the Oaths of Edward Carter Esquire one of the surviving Executors named in the Will and George Markham Giffard and Edward Carter the youn- ger Esquires the Nephews the Executors named in the second Codicil to whom Administration was granted having been first sworn duly to administer Power reserved of making the like grant to George Atherley Esquire the other surviving Executor named in the Will when he shall apply for the same
Last Modified: Thursday, 07-Aug-2014 12:14:38 NDT