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Source: TNA, PROB 11/1483
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This is the last Will
and Testament of me Sir John Carter of Portsmouth
in the County of Southampton Knight being in
health and perfect mind First I do hereby give all my
Estates and property I now have or may have at
the time of my Decease both real and personal
wheresoever situated to my Trustees hereafter
named to the uses and trusts as I so by this my
last Will order and direct and they have full
power and authority to sell mortgage or dispose
of the same as I could so in my life time that
they should pay and discharge all Debts or incumbrances
that may be due from me at the time of my
Decease to any person or persons whatsoever
that may have lawful Claim to the same they
my said Trustees have likewise power to sell or
dispose of my share or shares or parts of any
business I may be connected in or with under the
firm of William Pike and Company or any other firm
thereby to prevent any trouble or inconvenience to my
said Partners Trustees Guardians or Executors by
reason of any Child or Children I may leave under
the age of twenty one years and further if any of
my real or personal Estates or property after discharging
my Debts should remain unsold they my said Trustees
have full power to sell and dispose of the same to the
best advantage in their power and to lay out the
money or monies arising from the same or any Security or
Securities they approve to be divided as hereafter
by me directed and I do hereby give and bequeath to
my wife Dorothy all my household furniture plate
linen China and Wine for her own use and benefit
and likewise my said wife to be paid out of my
property the Sum of one hundred pounds within
fourteen Days after my decease then the rest residue
and remainder of my Effects both real and personal
I give and bequeath between my said Wife Dorothy and
the Child or Children I have or may have by her to
be equally divided share and share
alike as Tenants in Common and not as Joint Tenants
but my will and meaning is that the Interest or
income arising from the share or part of any of
my said Child or Children is to be paid to their mother
in order for maintaining Educating and apprenticing
any of them till they attain the age of twenty one
years but if any of my said Child or Children should
marry before the age of twenty one years with the
Consent of their mother then the share or shares
of such Child so married and he she or they should
die before the age of twenty one years
they have full power to dispose of the same otherwise
in Case of the Death of any Child or Children of mine
before the age of twenty one years or being unmarried
then such shares or parts to be equally divided
between my said Wife and remaining Child or
Children as before directed in this my said Will
whereas there is standing in the Stocks
or Funds of this Kingdom the Sum of two thousand
pounds in the names of Trustees at my marriage
the Interest of which is to be the sole property of
my said Wife independent of any bequest or share
given her by this my Will she my said Wife
renouncing any claim of dower And lastly I do hereby
nominate and appoint my said Wife Dorothy Henry
Bonham Esquire of Petersfield and Arthur Atherley Esqr
of Southampton my Trustees Executors & Guardians to
my said Child or Children that I may leave at the
time of my Death with full power to act in any
respect as I was during my life time as witness
hereto I have this twenty third day of February 1792
set my hand and Seal and signed my name at
the bottom of each Side John Carter LS Signed
sealed and published as my last Will and Testament
in my presence and in the presence of each Witness
hereunto subscribed Samule Luke William Morgan
Jas Mercer
I do hereby make this as a Codicil to my last
Will and Testament which is dated the 23rd of
Feby 1792 to prevent any trouble and to explain
as far as in my power my intentions concerning
the business I am concerned in and in
Partnership with Henry Borten Esqr Wm Carter [sic ... should be Henry Bonham, not Borten]
Geo T Goodenough and Arthur Atherley Esqrs under
the firm of William Pike & Co and under the
firm of Pike and Spicer or either of them and
whereas we are under terms co??????? in the
brewing Trade and distillery trade in an extensive
manner and as such Partner I am secured and
possessed of or intitled to a share or shares of
in Sundry Public houses employed in the said trade
or other houses or shares of houses considered as
belonging to the said trade in or near Portsmouth
the town of Portsea Gosport the Isle of Wight
and several other Places or of and in Mortgages
or other Charges and incumbrances affecting public
houses and other houses and property the managemen
of the said business or trades being under my
direction to account from time to time ?????? the
other parties interest therein for the profits
arising thereby and Articles of agreement were
executed for continuing the said Business as or in
the nature of a Copartnership for a term of years
which has since expired and the same are
continued at present on the footing of such articles
now I hereby authorize direct and impower my
said Executors and Trustees named in my said
will to preserve and continue my shares and
interest in the said Trades in the same manner
as if I were living or as near thereto as may
be and to sign and execute such or the like
articles ^ of agreement which they in their ^ as heretofore executed or any other articles
discretion shall think necessary for continuing
the said Trades and my shares and Interest therein
and to Join and concur in all necessary acts and
things and to execute all Deeds and Instruments
for the continuance of my shares and interest in
the said Joint Trades or Copartnership during such
terms as now is or hereafter shall be agreed upon &
from time to time to settle and adjust the accounts
thereof and to give receipts and discharges for
the share and shares of Profits which shall
from time to time become due to my Estate on
account of the said Trades and also that in Case the
term of Years in such Articles to be mentioned
shall elapse or sooner at the discretion of my
said Executors and Trustees to renew the same and
enter into like or other Articles for continuing the
said Trades for any further term of years or
other period as my said Executors or Trustees ^ shall ^ or their Heirs Executors
and may renew the said agreement from or Admors of the said
time to time as often as the Case shall require also survivors of them
that it shall be lawful for my said Exors or my said Executors or
Trustees to advance and pay any part of the monies Trustees
which shall come to their hands by any of the
means aforesaid toward increasing the Capital &
Joint Stock of the said Brewery & Distillery and
for carrying on the same in a more extensive
manner or otherwise for the apparent benefit of
the said Trade ^ but this my Codicil is not ^ provided that all
to prevent the Sale of my said share or shares in the parties interested
any part of the houses or property belonging to the therein do in like
said Trades should it be necessary to discharge any of manner advance
my Debts that may be owing or due from me supposing such Sums of Money
my other property shall not discharge the same or as shall bear an
my said Executors or trustees should think the adequate proportion
disposal of the said Trades or property connected with to the Monies to
it will be for the most advantage to my said Children be advanced by &
or Child as mentioned in my said will In Witness out of my Estates
whereof I have this twentieth Day of Feby according to our
1794 set my hand and Seal John Carter LS several Shares and
Signed sealed and published as a Codicil to my said Interest in the said
will and Testament by me in and by the said Witnesses Trades
in the presence of each other the Erasements and
Interlineations or words put in being first made
Josh Collins John Lawes Danl Collins Parish
Officers of Portsea
Whereas before the Death of my Father
John Carter Esquire I made my last will & Testament
charging all my Estates wheresoever situated freehold
leasehold and personal to pay all or any Debts that
may be due from me at my decease which property
I now charge and confirm and also whatsoever
property either freehold or leasehold came to me
under his will and Settlement on his marriage
and I likewise at his Death came into possession
of the house in Saint Thos Street in the occupation
of Mr Marder and the Stable in the said Street
in my own occupation as heir at Law to the said
Freeholds now my will is to the said house and
stable is to exonerate the said freeholds from
all charges of any Debts that may be owing or
due from me at my decease and that good to my
only Son John Carter as heir at Law and not by
devise or will that I have made or may hereafter
make and further since the making of my said
will my two Daughters Ann & Susanna
are married to Captn Eveligh and Capn Giffard
on whom I charged or settled on part of my
Freehold Estates L100 annually to each of them
now the said Charge of L100 per year is to be
part of what may come to them at my Death under
my said Will and my other Children are to be
entitled to L100 pr year each of my said property
to be on the same footing as my said Daughters
and If either of my Children now living at the date
of this my Codicil to my said will should be married
and leave Child or Children the said Child or
Children shall be intitled to their Father or Mothers
share that is one sixth part of my property
except should my wife Survive me then she is to
be intitled to L100 per year during her life and
at her Death to come equally to my Children
which during her life will be one seventh part as
by my will she was to be equal to each of my
Children and I further mean that what my said
Wife shall take as her share or part of my
property at her Death is to be equally divided to
my Child or Children or their heirs as before mentioned as
Witness my hand and Seal this 9th Day Decr 1807
John Carter LS Signed sealed and delivered on the
the other side and the two first sides with the
Initials of my name in my presence and in
the presence of each Witness as a Codicil to my said
Will Elizabeth Carter William Edgell Wyatt
Ma?? 29 R?? John Adam Carter
This Will was proved at London
with two Codicils the thirteenth Day of August in the
Year of our Lord one thousand eight hundred and
eight before the Right Honorable Sir William Wynne
Knight Doctor of Laws Master keeper or Commissary
of the Prerogative Court of Canterbury lawfully
constituted by the oaths of Dame Dorothy Carter Widow
the Relict of the deceased and Arthur Atherley Esqr
the surviving Executors named in the said Will to
whom admon was granted of all and singular the
Goods Chattels and Credits of the said deceased they
having been first sworn by Commission duly to
administer
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Last Modified: Thursday, 15-Sep-2011 19:43:34 NDT