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