25 February 1832 Will of James Carter of Portsmouth, esquire (proved 10 July 1841)

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

Source: TNA, PROB 11/1948

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This is the last Will and Testament
of me James Carter of Portsmouth in the County of South-
ampton Esquire as follows that is to say first I direct that all my
just debts funeral expences & the costs & charges of proving and
executing this my Will shall be fully paid and satisfied out of
my personal estate and it is my particular desire  that my
funeral shall be conducted in the plainest manner I give and
devise to my dear Wife Anna Maria Carter for her sole use and
benefit and to be entirely at her disposal all that messuage or
dwellinghouse in which I now reside with the appurtenances 
thereunto belonging situated in Saint Thomas's Street in Portsmouth
aforesaid and in the event of its being sold prior to my decease a sum
of money equal to the proceeds of such sale I also give and devise to
my said wife Anna Maria Carter for her sole use and benefit
and to be at her sole disposal all all that estate which I purchased
of the Trustees of John Walker situate in Purbrook in the Parish of
Farlington in the County of Southampton consisting of forty acres
or arable meadow and coppice land or therabout and known by the
names of High Fields & London Days Coppice and in the event of such
estate being sold previous to my decease I direct a sum of money equal in
amount to the proceeds of such sale be paid to my said Wife Anna Maria
for her sole use and benefit all and singular my property in the public
funds mortgage securities household furniture books plate linen together 
with any other effects of which I may be possest or entitled to at the time
of my decease I give and bequeath to my said Wife Anna Maria Carter
absolutely for her sole use and benefit save and except that such



property shall be subject to an annuity or yearly sum to be paid by
her to my son James thereout of three hundred pounds provided such
sum shall not exceed twenty pounds beyond the moiety of the clear
annual proceeds of my estate and effects at the time of my decease and which
said annuity shall continue to be paid to my said son till the expiration
of the year one thousand eight hundred and thirty five after which time
the said annuity shall decrease after the rate of fifty pounds per annum
such annuity to be paid by four equal quarterly payments on the four
following days videlicet on the first days of February May August and
November in each year to commence on the first of those days that shall
fall after my decease and I do hereby nominate and appoint my said
dear Wife Anna Maria Carter sole Executrix of this my Will and here-
by revoking all former and other wills by me at any time heretofore
made I do declare this only to be and to contain my true last Will and
Testament In Witness whereof I the said Testator James Carter have to
this my last Will and Testament contained in two sheets of paper set my
hand and affixed my seal in the manner following (that is to say) my
hand to the first sheet thereof and my hand and seal to the last sheet
thereof this twenty fifth day of February in the year of our Lord one
thousand eight hundred and thirty two  J Carter  LS  Signed
sealed published and declared by the said testator James Carter as his
last Will and Testament in the presence of us who at his request in his
presence and in the presence of each other have hereunto subscribed our
Names as Witnesses  W Cage of Portsmouth Gentleman  W Siddell
of Portsea Gent  J Bennett Portsea Gent

By this Codicil to my last Will and Testament I do
hereby confirm each and every portion thereof save and except such
parts as shall be altered by this Codicil In the first place my good
friend Darell Stephens nominated a joint Executor with my Wife having
been by the dispensation of providence removed from this world and feel-
ing my said Wife may require assistance and advice in the event of
my decease my Son being abroad I do hereby constitute and appoint
my friend Robert Scott of Stourbridge in the County of Worcester Esquire
Barrister at Law join Executor with her to my Will and in the
event of my Wife Anna Maria surviving me but dying without
having disposed of the property by Will I do then direct that the sum
of four thousand pounds sterling shall be vested in the names of Robert
Scott before named Richard Burbey of Camden Town Gentleman and
Bothel Mogginson of Portsmouth Druggist for the purposes hereinafter
named that is to say the interest of one moiety to be paid to Elizabeth
the Widow of Richard Burbey late of Portsmouth Merchant during the
term of her natural life and immediately after her decease to be paid
over (the principal) to her two children Richard & Elizabeth Maria in equal
proportions or to the survivor & the interest of two thousand pounds to
Caroline the Wife of the before mentioned Bothel Mogginson for her 
sole use & benefit & from & after her decease to the said  Bothel
Mogginson for the sole use and benefit of his daughter Caroline &
from & after the decease of both her parents the principal money to be
paid over to the said Caroline for her sole use & benefit provided she
shall have attained the age of twenty five years but until that period
the interest only & I do devise to the aforesaid trustees the further sum
of one thousand pounds the interest to be paid over in equal proportions
to my Cousins John & Francis Burford during the term of their natural
lives & immediately after their decease the principal money to their 
descendants in equal proportions I also devise a further sum of five



hundred pounds to the aforesaid trustees the interest thereof to be
paid to Harriet Gardiner of Portsmo Spinster during the term of her
natural life & immediately after her decease the principal monies 
to merge into the general estate & I constitute my son James residu-
ary legatee to the rest residue & remainder of the property real personal
& of every description whatever trusting that after his decease & that of
his wife or so soon as she may cease to be his Widow he will let it revert
to his Mother's relations & those of his Grandmother Mary Carter Given
under my hand this fifteenth day of July in the year of our Lord
one thousand eight hundred & forty  J Carter  Signed sealed and
delivered in the presence of W Dalter of Rochester Gentn  F G Janes
of Rochester Clerk in the Long Room Custom House
	Prerogative
		In the Goods of James Carter deceased
Appeared Personally Anna Maria Carter of
Rochester in the County of Kent Widow and made Oath that she is
the Relict and sole Executrix named in the last Will and Testament of
James Carter formerly of Portsmouth in the County of Southampton
afterwards of Rochester in the County of Kent but late of Greenock
North Britain Esquire deceased and which said Will together with a
Codicil thereto (and in which said Codicil Robert Scott is appointed joint
Executor) is hereto annexed the said Will beginning thus "This is the
last Will and Testament of me James Carter of Portsmouth in the
County of Southampton" ending thus "this twenty fifth day of February
in the year of our Lord one thousand eight hundred and thirty two"
and thus subscribed "J Carter" the said Codicil beginning thus "By this
Codicil to my last Will and Testament" ending thus "Given under my
hand this fifteenth day of July in the year of our Lord one thousand
eight hundred and forty" and thus subscribed "J Carter" And this deponent fur-
ther made Oath that she hath carefully perused the said Codicil and
particularly noticed the following clause therein namely "In the first
place my good friend Darell Stephens nominated a joint Executor with
my wife having been by the dispensation of providence removed
from this world and feeling my said wife may require assistance and
advice in the event of my decease (my Son being abroad) I do hereby
constitute and appoint my friend Robert Scott of Stourbridge in the
County of Worcester Esquire Barrister at Law joint Executor with her to
my will" and this deponent with reference thereto and to the appoint-
ment of the said Darell Stephens as therein mentioned saith that sub-
sequently to the said testator executing his aforesaid will he made a
Codicil thereto which was written by himself and wherein he appointed
the said Darell Stephens a joint Executor with this deponent to the said
Will and Codicil and therein bequeathed to him the sum of one
hundred pounds as such Executor and she further made Oath that the
said Darell Stephens died on the eighth day of Mary one thousand
eight hundred and forty and that shortly after that event and in conse-
quence thereof this depondent at the request and in the presence of the said
Testator destroyed the said last mentioned Codicil by burning the same
And she further made Oath that the said testator being desirous of ap-
pointing another Executor to act with this deponent he to wit on the
fifteenth day of July in the year of our Lord one thousand eight hun-
dred and forty executed the Codicil hereto annexed and wherein he as
aforesaid subscribed the said Robert Scott as Executor in lieu of the
said Darell Stephens and she further made Oath that after the said
testator had executed the said last mentioned Codicil the same with
the aforesaid Will were by him enclosed in a cover or envelope and



sealed up and delivered to this deponent in whose custody and possession
they remained until after the said testator's death and this deponent
almost immediately after that event broke open the said cover or enve-
lope and therein found the very will and Codicil hereto annexed in
in the same condition as when they were as aforesaid enclosed there-
in And she lastly made Oath that the Codicil hereto annexed was
meant and intended by the said testator to be and to operate as a
Codicil to the will hereto annexed and that she hath made strict
and diligent search amongst the said testator's papers of moment and
concern to ascertain whether he left any other Will or Codicil than
those hereto annexed but that she hath not been able to find any
and she verily believes that there are none other in existence
Anna Maria Carter  On the second day of July 1841 the said
Anna Maria Carter was duly sworn to the truth of this affidavit
Before me George Harker Vicar of the Parish of St Nicholas Rochester
in the County of Kent Commissioner
	Prerogative
    In the Goods of James Carter deceased
Appeared Personally William Dalton of Rochester
in the County of Kent Gentleman and made Oath that he is one of
the subscribed Witnesses to the Codicil to the last Will and Testament
of James Carter formerly of Portsmouth in the Couty of Southamp-
ton afterwards of Rochester in the County of Kent but late of Greenock
in North Britain Esquire deceased and which said Codicil bearing
date the fifteenth day of July one thousand eight hundred and forty
is now hereto annexed and he further made Oath that he hath
particularly noticed the attestation clause to the said Codicil name-
ly the words "Signed sealed and delivered in the presence of" and at
the end whereof this deponent and F G Janes the other subscribed
Witness have subscribed their names and then the other part of the
Clause follows namely the words "On the day and date above written"
and at the end of which said words this deponent hath again signed
his name and residence and with reference thereto and to the execution
of the said Codicil this deponent saith that on the fifteenth day of July
aforesaid the said testator James Carter duly executed the said Codicil
by signing his name "J Carter" at the foot or end thereof in the pre-
sence of this deponent and of F G Janes the other subscribed witness to the
said Codicil (both being present at the same time) and this deponent
and the said F G Janes thereupon subscribed their names as attesting
witnesses to the due execution of the said Codicil in the presence of
the said testator and of each other and they so respectively subscribed
their names under the said first part of the attestation clause as now
appears and he further made Oath that to the best of his recollection
and belief immediately after the said Codicil had been as aforesaid
executed and attested he the said testator with his own hand ad-
ded the words "on the day & date above written" and this deponent then
in his presence and at his request attested such addition by again
signing his name and address "W Dalton of Rochester Gentleman"
as now appears  W Dalton  On the second day of July 1841 the
said William Dalton was duly sworn to the truth of the aforegoing
affidavit Before me George Harker Vicar of the Parish of St Nicholas
Rochester in the County of Kent Commissioner

Proved at London with a Codicil 10th July 1841 before the Judge
by the Oath of Anna Maria Carter widow the Relict the Executor
named in the Will to whom Admon was granted having been



first sworn by Comon duly to administer power reserved of making
the like Grant to Robert Scott the Executor named in the said Codicil
when he shall apply for the same

Proved at London with a 
Codicil the 8th August 1855 before
the Judge by the oath of Robert Scott
Esquire the Executor named in the said
Codicil to whom Admon was granted
he having been first sworn (by Comon)
duly to administer


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Last Modified: Wednesday, 06-Aug-2014 18:47:48 NDT