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Source: TNA, PROB 11/1306
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I William Carter of Portsmouth in the County of Southampton Esquire Do make my last will and Testament in manner following that is to say I give and bequeath to my Dear wife Sarah Carter the Sum of one hundred pounds to be paid to her immediately after my Death and the further Sum of one hundred pounds to be paid to her at the end of two Calendar months after my death also I give and bequeath to my said wife one annuity or clear yearly Sum of three hundred pounds of lawful money of Great Britain to be paid to her free from all deductions and Reprizes for or in respect of any present or future Taxes assessments or impositions or other matter cause or thing whatsoever to be paid and payable by two equal half yearly payments in the year that is to say the fifth Day of January and the fifth day of July in every year the first payment thereof to begin and be made on such of the said Days as shall happen next after my death and I do hereby charge and subject all and singular my real and personal Estates and Chattels Real to and with the payment of the said annuity or clear yearly Sum of three hundred pounds to my said wife in manner aforesaid until such investment shall be made as hereinafter is mentioned that is to say I do hereby direct my Trustees to lay our and invest a Sum of Money sufficient in their Judgment for that purpose in the public Stocks or Funds to answer and secure the said annuity and to pay the same to her accordingly for her seperate use as hereinafter is mentioned and when such Sum of money shall be so laid out my said other Estates real and personal shall be discharged from the said annuity and I give and bequeath to my said wife all my Household and other Linen and China and all my Books and my said wifes Jewels (if any) and any particular pieces of plate she may Chuse to and for her own use and benefit and I give to my said wife during her widowhood the use of all other my Household Goods effects and Furniture whatsoever but upon her marrying again or Death the same is to sink into the Residuum of my Estate hereinafter disposed of and to be Sold and disposed of for those purposes at the discretion of my Trustees hereinafter named and I give and bequeath all my ready money Securities for Money Goods Chattels and personal Estate whatsoever not hereby otherwise bequeathed or disposed of unto my Brother Sir John Carter and my Brother in Law Arthur Atherley Esquire and my Relation Henry Bonham Esquire and the Executors ADministrators and Assigns of the Survivor of them the said Sir John Carter and Arthur Atherley upon Trust in the first place to pay all the Just Debts which I shall owe and the time of my Death my Funeral Expences the Charges of proving this my will and the several Legacies and Sums of Money given and bequeathed by this my will and such other Legacies and Sums of Money as I shall by any Codicil or writing under my Hand hereafter give bequeath and dispose of my will and intention being that my said residuary personal Estate be first applied for those purposes and subject thereto I do hereby will and direct that the said Sir John Carter Arthur Atherley and Henry Bonham and the Executors and administrators of the Survivor of them the said Sir John Carter and Arthur Atherley shall stand and be possessed of and interested in the said residue and surplus of my said personal Estate upon such Trusts and to tand for such ends intents and purposes as are hereafter expressed and declared of and concerning the same and I hereby give and devise unto the said Sir John Carter Arthur Atherley and Henry Bonham and the Heirs and assigns of the Survivor of them the said Sir John Carter and Arthur Atherley all my Honors Manors Lands Advoswons and Rectories and all my Messuages Cottages Fee Farm Rents and other Rents Tithes Tenements and Hereditaments whatsoever and all my parts and shares right Title claime and demand of in and to all or any Honors Manors Lands Advowsons or Rectories Messuages Cottage Fee Farm Rents and other Rents Tithes Tenements and Hereditaments whatsoever Freehold Customary or Copyhold situate lying and being in the Counties of Southampton and Sussex or elsewhere in the Kingdom of Great Britain and all other my real Estates whatsoever and wheresoever whereof I am or of or to which I am or may be seized or entitled in possession reversion remainder or expectancy or whereof or wherein I have or may have any disposing power with the appurtenances thereto belonging To hold the same unto and to the use of the said Sir John Carter Arthur Atherley and Henry Bonham and the Heirs and assigns of the Survivor of them the said Sir John Carter and Arthur Atherley upon the Trusts and to and for the ends intents and purposes and subject to and charged and chargeable with the payment of all my Just Debts in aid of my personal Estate and subject also to the provisoes and Declarations hereinafter expressed and declared concerning the same and subject thereto and to the several bequests devises and Charges hereinbefore contained my will is and I do hereby direct that the said Sir John Carter Arthur Atherley and Henry Bonham and the Heirs Executors and Administrators of the Survivor of them the said Sir John Carter and Arthur Atherley shall and do stand and be Seized and possessed of and interested in my said real and personal Estates devised and bequeathed to them respectively as aforesaid according to the Nature & quality tehreof respectively upon Trust for all and every the Child and Children Male and Female of me and my said wife now born or hereafter to be born who shall be living at the time of my Death or born in due time afterwards in equal shares and proportions as Tenant in common and not as Joint Tenants and if there shall be but one such Child living at the time of my Death or born in due time afterwards Then upon Trust for such only Child and his or her Heirs Executors Administrators and Assigns And I do hereby order and direct that the share and shares of all and every such Child and Children both Sons and Daughters shall become an Interest vested in and shall be paid assigned Transferred and conveyed to him her or them that is to say in or to such of them as shall be Sons at his or their age or ages of twenty one years and in or to the Daughters on their attaining twenty one or Day or Days of Marriage respectively which shall first happen such Marriage or Marriages being with the Consent of the Guardians of my said Children for the time being and from the time of my Death to the time such Child or Children shall attain the said age of twenty one years or be married as aforesaid the annual proceeds of the share of each such Child or so much thereof as in the Judgment of my said Trustees shall be sufficient for that purpose shall be paid and applied for and towards his or her Education support or maintenance and so much of the said yearly proceeds as shall not be applied for such maintenance and Education shall from time to time accumulate for the benefit of each respective Child until his or her share shall become payable or vested and in case any one or more of my said Children shall happen to die before he she or they shall have attained his her or their age or ages of twenty one years and without having been married with such Consent as aforesaid then as to the part and share or parts and shares of him her or them so dying or as to so much thereof only as shall not have been sooner paid in pursuance of the power and proviso hereinafter contained for the preferment or advancement in the world of such Child or Children so dying under age and unmarried upon Trust that they the said Sir John Carter Arthur Atherley and Henry Bonham and the Heirs Executors and Administrators of the Survivor of them the said Sir John Carter and Arthur Atherley shall and do convey or assign and pay the part and share or parts and shares of him her or them so dying or so much thereof as shall not have been sooner advanced and paid as aforesaid unto and among all and every the Surviving and other Child or Children equally to be divided between them if there shall be more than one such Surviving Child share and share alike and if there shall be but one such Surviving Child then the whole to such only Surviving Child such accruing and devolving shares to vest and be paid and assigned ^ provided always and ^ at such times as the my will is that in case any of my Children original shares of the shall marry under the age of twenty one said Children are hereby years with such Consent as aforesaid and directed to vest and be shall die before the attaining that age paid and assigned leaving lawful Issue Then both the original and accruing share or shares of him her or them so dying or so much thereof as shall not have been applied in pursuance of the powers herein contained shall go and belong to the Issue of such Child or Children respectively so dying and leaving Issue as aforesaid provided also and I do hereby declare that if by the increase accumulations and savings which shall be made during the Minorities of any of my younger Children or otherwise the shares of such Children shall on their attaining the age of twenty one years or Marriage with consent as aforesaid exceed the amount of the shares divided and paid to the elder of such Children after adding to the amount of such Elder Childrens Shares Interest at four pounds per Cent per annum thereon from the time of their receiving the same to the time of such younger Childrens becoming intitled to receive their shares That then the amount of such Excess shall be so apportioned and divided as to make the shares of the Elder of such Children equal to the shares of the younger of them or as near thereto as may be and in case there shall be no Issue of such Child or Children so marrying and dying under the age of twenty one years then the said share or shares of him her or them so marrying and dying without Issue as last aforesaid or so much thereof as shall not have been applied as aforesaid shall go and belong to the Survivors and Survivor of my said Children in equal proportions as aforesaid any thing in this my will contained to the contrary notwithstanding and in case all and every my said Child and Children shall die before they or any of them shall attain their his or her age or ages of twenty one years and unmarried and without Issue as aforesaid then I do hereby will and direct that the said Sir John Carter Arthur Atherley and Henry Bonham and the Heirs Executors and administrators of the Survivor of them the said Sir John Carter and Arthur Atherley shall and do shand and be seized and possessed of all and singular my said real and personal Estates bequeathed and devised to them respectively and not hereinbefore otherwise devised bequeathed or disposed of upon Trust in the first place to pay thereout to my said Dear wife the further Sum of two thousand pounds to and for her own use and benefit and also upon Trust to pay to my said Dear wife for her use as aforesaid during the Term of her natural life all and singular the Clear rents Issues and profits Dividends Interest and yearly income of all and singular my said Estates real and personal whatsoever and wheresoever (other than and except the profits and produce of the Brewing Trade and Distillery hereinafter mentioned) and as to my share of the profits to arise from the said Trade after deducting thereout and paying to my said Dear wife during ther natural life as aforesaid my share of the Rents of the Houses and of the Interest of the money or Capital employed in the said Trade and also as to all and singular my other real and personal Estates subject to the Interest for life of my said wife therein as aforesaid my will is that the said Trustees respectively shall stand seized and possessed thereof upon Trust for my said Brother Sir John Carter and my Sisters Ann Goodenough and Susannah Atherley their Heirs Executors Administrators and assigns to be equally divided between them as Tenants in Common and not as Join Tenants subject Nevertheless to the payment by them of the Sum of three thousand pounds which in that case I bequeath to my Brother Edward Carter his Executors administrators or assigns and I give devise and bequeath all my Manors Messuages Farms Lands Tenements and Hereditaments ^ holden ^ and parts and shares or to be Holden under any Grant Lease or Demise of Manors Messuages from the Crown or from any College in any of Farms Lands Tenements the universities or from any Bishop Dean and and Hereditaments Chapter or other persons Body politic or Corporation Ecclesiastical or Civil for Terms of years or for any Term of life or lives or years determinable on Deaths or otherwise ^ unto the use of the said Sir John ^ and usually renewed at certain times or periods respectively or otherwise Carter Arthur Atherley and Henry Bonham and the Heirs Executors Administrators and Assigns of the Survivor of them the said Sir John Carter and Arthur Atherley according to the nature and quality of my Estate and Interest therein upon such Trusts and to and for such ends intents and purposes and subject to such powers provisoes and declarations as are in and by this my will or shall be by any Codicil or Codicils expressed and declared of and concerning the residue of my said real Estates and also upon Trust to renew the Leases of the same premises and to take new Leases thereof respectively when and as it shall be usual and requisite and also from time to time to make such proper Surrenders of the Leases subsisting as shall be requisite necessary or incident to such renewals and I do hereby declare that the provisions hereby made for my said wife are meant and intended to be in lieu Bar and full satisfaction of all Dower and Thirds which my said wife might have or claim by out of any Estate Freehold Customary or Copyhold whereof or whereto I am or shall or may at any time hereafter be seized or entitled for any Estate of Freehold or Inheritance and also in lieu Bar and full satisfaction of the provision made for my said wife in and by the Settlement made previous to our marriage in the event of my Dying in her life time without Issue and I do hereby also direct that the said annuity or yearly Sum of three hundred pounds hereby given and intended to be secured to my said wife and all other the bequests Legacies devises and provisions hereby made or given to or for my said wife shall be to and for her sold and proper use and that the same shall not nor shall any part thereof be subject to but shall be absolutely and intirely free from the Debts Conroul engagemetns power or intermeddling of any Husband whom she may happen to marry after my death and that her receipts alone notwithstanding any such future Coverture shall be from time to time effectual discharges for the same and every or any part or parts thereof and whereas I am concerned in a distillery and in carrying on the Brewing Trade in an extensive manner as copartner with my said Brother Sir John Carter and others and am as such partner Seized and possessed of or intitled to a share or shares of and in sundry public Houses employed in the said Trade and other Houses or shares of Houses considered as belonging to the said Trade in or near Portsmouth Portsmouth common 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 and the said Distillery and Trade are Carried on in the several Firms of Pike and Spicer and William Pike and Company under the direction and management of the said Sir John Carter who accounts from time to time with the other partners interested therein for the profits arising thereby and articles of agreement were executed for continuing the said Businesses as or in the nature of a Copartnership for a Term of years which is since expired and the same are continued at present on the footing of such articles Now I do hereby authorize direct and empower and require the said Sir John Carter Arthur Atherley and Henry Bonham and the Heirs Executors or Administrators of the Survivor of them the said Sir John Carter and Arthur Atherley to preserve and continue my share 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 as heretofore executed or any other articles of agreement which they in their discretion shall think necessary for continuing the said Trades and my share and Interest therein and to Join and concur ain all necessary Acts and things and to execute all Deeds and Instruments for the continuance of my share and Interest in the said Join Trades or Copartnership during such Term as now is or hereafter shall be agreed upon and from time to time to settle and adjust the accounts thereof and to give proper receipts and discharges for the share or shares of profits which shall from time to time become due to my Estate on account of the said Trades and also in case the Term of years in such articles to be mentioned shall elapse or sooner at the discretion of my said Trustees to renew the same and enter into the like or other articles for continuing the said Trades for any further Term of years or other period as they the said Sir John Carter Arthur Atherley and Henry Bonham or the Heirs Executors or Admors of the Survivor of them the said Sir John Carter and Arthur Atherley shall in their discretion think proper and in like manner that they my said Trustees shall and may renew the said agreement from time to time as often as the case shall require provided always and I do hereby direct and impower my said Trustees to commit my Share of the said Business to the care and management of any of my Sons who may be Educated and Brought up in my life time for that purpose in such manner as hereinafter mentioned and in case there shall be none of my said Children so brought up and Educated and qualified to undertake the same then I direct and impower my said Trustees to Educate and bring up such one or more of my sons as they shall think proper for the purpose of his or their being employed in the said Business and on such Sons attaining twenty one to commit and Intrust the management of my share of the said Business to his or their care and Conduct under the direction of the said Sir John Carter or such other person or persons as shall have the principal management of the said Business and I hereby expressly direct that none of my Daughters or any Husbands whom they or any of them shall happen to marry shall interfere in the Conduct of the said Business or have any power right or authority whatsoever to controul interrupt or inspect into the management thereof in any account or presence whatsoever while any of my Sons shall be living and capable of doing the same provided also and I do hereby authorize and impower the said Sir John Carter and Arthur Atherley and Henry Bonham and the Heirs Executors administrators and assigns of the Survivor of them the said Sir John Carter and Arthur Atherley with the consent and approbation of my said wife if living and of the major part of the persons then Interested in the said Trades to sell and dispose of all and every or any part or parts share or shares of me the said William Carter of and in the said Distillery and Brewing Trade and of the Messuages Lands Hereditaments and other Estate and Effects belonging thereto and of all and every or any of the Debts and Securities for Debts then due and owing thereto and of all my Right Title and Interest therein and thereto in such parts or proportions manner and form and at such time or times either by public Sale or private Contract as they the said Sir John Carter Arthur Atherley and Henry Bonham and the Heirs Executors administrators or assigns of the Survivor of them the said Sir John Carter and Arthur Atherley shall in their discretion think fit and most for the benefit and advantage of my Estate and that the Money arising by such Sale or Sales shall be placed and Deemed as part of my personal Estate provided also and it is my will and meaning and I do hereby authorize and impower the said Sir John Carter Arthur Atherley and Henry Bonham and the Executors or administrators of the Survivor of them the said Sir John Carter and Arthur Atherley by one or more Mortgage or Morgages of my Estates devised and bequeathed to them as aforesaid or any part or parts thereof either by a grant or Grants of the whole Estate and Interest therein or by demising the same for any Term or Terms of years or otherwise and according to the Nature and quality of such Estates to raise and levy such Sum and Sums of money as he or they in his or their discretion shall think necessary and proper for payment of my Debts charged on my real Estate as aforesaid or for the carrying all or any of the Trusts of this my Will into execution or for bringing up to any profession or Employment or for the preferment and advancement in the world by marriage or otherwise of any of my said Children out of their respective portions before the same shall become payable provided that the money so to be applied for the bringing up advancement and preferment of my said Children be so applied with the Consent of my said wife during her life if she shall so long continue sole and unmarried but not otherwise and provided my personal Estate which is to be first applied shall be deficient to answer the purposes aforesaid and I do hereby will and direct that the Receipt or receipts of the said Trustees acting in the said Trusts as aforesaid under their hands shall from time to time effectually discharge the Mortgage or Mortgages of any part of the same premises so to be mortgaged as aforesaid of any from so much of the said Mortgaged Money for which such Receipt or Receipts shall be so given and after such receipt or receipts such Mortgage or Mortgages shall be and are hereby absolutely acquitted and discharged of and from the same and they or any of them after such Receipt or receipts shall not be answerable or accountable for any loss of Misapplication or non application of the said Mortgage money or any part thereof and my will further is and I do hereby direct that it shall and may be lawful to and for the said Sir John Carter Arthur Atherley and Henry Bonham and the Survivors of them and the Executors Administrators or assigns of the Survivor of them the said Sir John Carter and Arthur Atherley during the infancy of my said Children or any of them by Indenture or Indentures under his or their Hand and Seal or Hand and Seals to demise lease or grant the same premises or any part or parts thereof unto any person or persons for any Term or Number of years which they shall think proper so as there be reserved in all such Leases to continue payable during the Term of such Leases to be granted the best and most improved yearly rent and rents that can be got for the same without taking any fine premium or foregift for the same and so as in every of the said Leases there be contained a Condition of Reentry for non payment of the Rent and Rents thereby respectively to be reserved within a time therein to be limited and so as such Rent or rents be reserved and made payable to the persons or person granting such Leases their or his Heirs Executors or administrators as Trustees or Trustee under this my will and so as no clause or clauses be contained in any of the said Leases giving power to any Lessee to commit wast or exempting him her or them from punishment for committing the same and so as the respective Lessees execute Counterparts of all such Leases and I do hereby further will and direct that it shall and may be lawful to and for the said Sir John Carter Arthur Atherley and Henry Bonham and the Survivor of them and the Heirs Executors and administrators of the Survivor of them the said Sir John Carter and Arthur Atherley respectively to grant by Copies of Court Roll or by Leases for lives or years determinable on Deaths such of my Manors and Estates as have been heretofore so granted according to the usual Course of granting the same and to take and receive the Fines and other Dues Duties and Services therefore due and of Right accustomed upon the Trusts aforesaid provided that the usual and accustomed Rents and Services be reserved on all such grants and also by Indenture or Indentures under his or their Hand and Seal or Hands and Seals to demise Lease and grant such parts and parcels of the said Manors Messuages Lands Tenements Hereditaments and premises as are now let upon Building Leases and which any person or persons shall be willing to Rebuild repair or improve and also such parts and parcels of the same premises not before built upon as any person or persons shall be willing to build upon or improve unto any person or persons for any Term or Number of years to take effect in possession and not in Reversion so as there be reserved on alls uch Leases ^ to be granted the best and most ^ to continue payable half yearly or oftener during the Terms in such Leases improved yearly Rent and Rents that can be got for the same ^ and so as in every of the ^ without taking any Fine premium or Foregift for the same said last mentioned Leases there be contained a Condition of Reentry for non payment of the Rent and Rents thereby respectively to be reserved within the time therein for that purpose to be limited and so as no Clause or Clauses be contained in any of the said last mentioned Leases giving power to any Lessee to commit wast or exempting him her or them from punishment for committing the same and so as the respective Lessees execute Counterparts of all such Last mentioned Leases provided always and I do hereby will and direct that it shall and may be lawful to and for the said Sir John Carter Arthur Atherley and Henry Bonham and the Heirs Executors and administrators of the Survivor of them the said Sir John Carter and Arthur Atherley to make Sale and dispose of all or any part or parts of the said Manors Messuages Farms Lands Tenaments Hereditaments and premises hereby devised In Trust as aforesaid either together or in parcels for such price or prices in money or any other equivalent as to them shall seem reasonable and upon payment of the money arising from any Sale or any Such part or parts thereof as shall be so Sold as aforesaid and also upon payment of the Money to arise from the sale of my share of the said distillery and Brewing Trade and the Estates property and effects connected therewith or belonging thereto as aforesaid I do hereby authorize the person or persons who shall sell the same pursuant to the authorities herein for those perposes Contained as aforesaid to sign and give proper receipts for the money for which the same shall be so sold which receipts shall be sufficient discharges to any such purchaser or purchasers for the purchase money for which the same shall be sold or so much thereof as in such Receipts shall be acknowledged or expressed to be received and such purchase or purchasers shall not afterwards be answerable or accountable for any Loss Misapplication or nonapplication of such purchase money and I do hereby further will and direct that when any of the said premises shall be Sold for a valuable Consideration in Money and such receipts shall be given for the purchase Money as aforesaid the said premises so Sold disposed of and conveyed shall be and remain for ever thereafter freed and absolutely discharged of and from all and every the uses Estates Trusts powers provisoes and Declarations in and by this my will limited expressed and declared and then and from thenceforth the said premises so to be sold and conveyed shall enure remain and be to the only use and behoof of such purchaser or purchasers or other person or persons to whom the same shall be so respectively sold disposed of or conveyed and of his and their Heirs Executors or administrators according to the Nature and quality of the Estate or Estates respectively so to be Sold and conveyed as aforesaid provided always and I do hereby declare that it shall and may be lawful to and for the said Sir John Carter Arthur Atherley and Henry Bonham and the Survivors of them and the Heirs Executors or administrators of the Survivor of them the said Sir John Carter and Arthur Atherley by and with the Consent of my said wife during her life and so long as she shall continue Sole and unmarried and after her Death or second marriage then at theor own discretion to apply and dispose of the monies ^ which shall otherwise come to ^ to arise by such sale or Sales as aforesaid and also of all or any other Monies their Hands under and by virtue of this my will or such part or parts thereof as he or they shall think necessary in and for the preferment and advancement in the world as aforesaid of all or any of my said Children before their shares of my said Estates shall become payable and transferrable as aforesaid but that the monies to arise by such Sale or Sales aforesaid shall be only so applied provided there shall be a deficiency in my personal Estate as aforesaid provided always and I do hereby direct that in Case I shall in my life time advance any Sum or Sums of money for the Education or bringing up of my said Children or any of them for any particular profession or Employment or for their advancement therein or beyond the ordinary and Common Charges of Education of my other Children which shall be found charged against them in my own hand writing or signed with my Name or with my initials in the third fourth or following pages of the Book now kept by me for that purpose or in any Book hereafter to be kept for that purpose or if my said Trustees shall advance any such Sum or Sums of Money for or on account of any such Children that in such Case or Cases the monies so advanced or to be advanced shall be considered as so much and in part of the share or shares of the portion or portions of such Child or Children on whose account the same shall be advanced and expended provided also and I do hereby direct my said Trustees by and out of such monies as shall come to their Hands respectively to keep my dwelling House in Portsmouth and all other my Houses and Buildings in good repair or to rebuild such of the said Houses as shall happen to be destroyed by Fire or other accident or shall become ruinous and decayed provided also and I do hereby direct and declare that it shall and may be lawful to and for the said Sir John Carter Arthur Atherley and Henry Bonham and the Heirs Executors and administrators of the Survivor of them the said Sir John Carter and Arthur Atherley by and with such Consent of my said wife as aforesaid to advance and pay any part of the said monies which shall come to their Hands by any of the means aforesaid towards increasing the Capital and Joint Stock of the said Distillery and Brewing Trades and for carrying on the same in a more extensive manner or otherwise for the apparent benefit of the said Trade provided that all the parties interested therein do in like manner advance such Sums of money as shall bear an adequate proportion to the monies to be advanced by and out of my Estate according to our several shares and Interests in the said Trades provided also and I do hereby will and direct that it shall and may be lawful to and for the said Sir John Carter and Arthur Atherley and Henry Bonham and the Heirs Executors and administrators of the Survivor of them the said Sir John Carter and Arthur Atherley by and with such Consent of my said wife as aforesaid to lay out any part of the monies which shall come to his or their Hands under and by virtue of this my will or any of the powers and authorities herein contained in the purchase of any Lands Tenements or Hereditaments Freehold Copyhold or Leasehold which Lands Tenements or hereditaments when purchased shall be convey'd and settled To the uses and upon the Trusts and subject to the powers provisoes and declarations contained in this my will of and concerning my real Estates hereby devised provided also and I do hereby direct and declare that in case all or any part of the real Estate whereof I shall die Seized shall descend to my eldest Son as my Heir at Law that then and in such Case my said eldest Son shall not have or take any advantage thereof or thereby but that he or his Heirs shall within six months next after my decease and before partition and Division made of my Estate and Effects among my Children convey and Transfer the same to the said Trustees hereinbefore named to whom my real Estates are hereinbefore given to the same uses and upon the same Trusts and subject to the powers provisoes and Declarations contained in this my will of and concerning my real Estates herein devised and in case my said Eldest Son or his Heirs shall refuse or be in Law incapable to make such Conveyance or Transfer within the time aforesaid Then I do hereby expressly declare and direct that such part or parts of my said real Estate as shall descend as aforesaid to my Eldest Son as my Heir at Law shall be esteemed and taken at the full value thereof as part of the provision and share of my Estate and Effects hereby intended to be made for my said eldest Son and that he shall only have and take and be entitled to so much or such part of my personal Estate as shall remain after deducting from the share he would otherwise take therein the full value of such real Estate so to descend to him as aforesaid it being my Mind and intention that all my Children shall take equal parts and shares of my Estate without any priority or advantage to or in favor of any one of them over and beyond the others and I do hereby direct and declare that it shall and may be lawful to and for the said Sir John Carter Arthur Atherley and Henry Bonham and the Heirs Executors and administrators of the Survivor of them the said Sir John Carter and Arthur Atherley by and with such Consent of my said wife as aforesaid to lay out and invest all or any part of the monies which shall come to their or either of their Hands by virtue of this my will either in the public Funds or on Government or real Securities at Interest and also from time to time to change alter and vary all or any of the Securities in or upon which the same or any part or parts thereof now is or are or at any time or times hereafter shall or may be placed out or invested in such manner as to them shall seem most for the benefit of the several persons entitled thereto under and by virtue of this my will all which Securities shall from time to time be upon and for such and the same Trusts Intents and purposes as are herein expressed and contained of and concerning my Estates hereby devised and bequeathed provided always Nevertheless and it is my true intent and meaning and I do hereby expressly order direct and declare that during the life of my said wife and so long as she shall continue Sole and unmarried no conveyance Deed Instrument or writing to be made in pursuance of this my will and whereby any part or parts of my real Estates shall be affected or conveyed shall be of any Force or validity or have any operation either in Law or equity unless such Conveyance Deed Instrument or writing be made and executed by and with the Consent and approbation of my said wife such Consent and approbation to be signified by writing under her Hand and Seal and to be attested by two or more witnesses and I do hereby authorize and empower my said wife while she shall continue unmarried with the consent of the rest of my Executors who shall act for the time being and in case of her Death or marrying again then I do hereby authorize and empower the rest of my said Executors for the time being by writing under their Hands from time to time as often as the same shall be necessary to Nominate and appoint any now or other Trustee or Trustees to act in the Stead of any of the Trustees of this my will who shall die decline or become incapable to act and upon such Nomination and appointment being made I hereby direct that all the said Trust Estates Effects and premises shall thereupon be Transferred and assigned in such Sort manner and form and so as that the the same shall and my become vested in such New Trustee or Trustees Jointly with the Surviving or Continuing Trustees and that such New Trustee or Trustees shall and may in all things act in the Execution of the Trusts of this my will as fully and effectually to all Intents Contructions and purposes as if he or they had been originally appointed a Trustee or Trustees in and by this my will any thing herein contained to the contrary in any wise Notwithstanding and I make constitute and appoint my said wife Sarah Carter during her widowhood and the said Sir John Carter my Friend William Stiles Esquire one of the Commissioners of His Majestys Customs and the said Arthur Atherley and Henry Bonahm Executors of this my will and I commit the Guardianship Custody and Tuition of all my Children now born or hereafter to be born and of their several Estates and Fortunes during their Minorities unto my said wife and to the said Sir John Carter Arthur Atherley and Henry Bonham and the Survivors and Survivor of them and the Executors or Administrators of the Survivor of them the said Sir John Carter and Arthur Atherley But in case my said wife shall marry after my decease Then from and after the time of her marriage I do declare and direct that she shall no longer continue to be or have any power or authority to act as Executrix of this my will nor shall her Consent or approbation be from thenceforth necessary to give validity or operation to any such Conveyance Deed Instrument or writing as aforesaid but the said Trustees shall from thenceforth proceed in the Execution of this my will according to their own Judgement and discretion and I do hereby will and direct that my Trustees and Executors hereinbefore named for the several purposes of this my will shall not nor shall any of them or the Heirs Executors or administrators of them or any of them be answerable or accountable for any Money to be received by virtue of or under the Trusts hereinbefore declared any otherwise than each person for such Sum or Sums of Money as he or they shall respectively actually receive and that no one of them shall be answerable or accountable for the acts receipts neglects or Defaults of the other of them and also that the said Executors and Trustees and their several Heirs Executors and admors shall and may br and out of the Estates and Effects vested in and intrusted with them by and under this my will retain and reimburse to themselves all Costs Charges Damages and expences which they respectively shall or my sustain or be put unto in and about the Execution performance and defence of the Trusts hereby in them respectively reposed and I do hereby revoke all former wills and Codicils by me heretofore made and declare this to be my last will and Testament In Witness whereof I the said William Carter have to this my last will and Testament contained in sixteen sheets of paper set my Hand and Seal that is to say my Hand to the first fifteen sheets and my Hand and Seal to the last sheet this seventeenth Day of September in the thirtdy third year of the Reign of our Sovereign Lord George the third by the Grace of God of Great Britain France and Ireland King Defender of the Faith and so Forth and in the year of our Lord one thousand seven hundred and Ninety three Wm Carter LS This writing contained in sixteen sheets of paper was signed Sealed published and declared by the said William Carter the Testator as and for his last will and Testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses hereto Russell Scott Timothy Pike Stephen Hobbs This is a Codicil to the will of me William Carter of Portsmouth in the County of Southampton Esquire which will bears date the seventeenth day of this present month of September if it shall happen that all my Sons die or in case there shall not be any one of them willing to undertake or whom my Trustees shall think proper to be employ'd to undertake or continue in the management and care of my concern and Interest in the Brewing Trade and distillery in my will mentioned Then and in such case I desire and direct that my Trustees do intrust the care and management thereof as far as may be to some one of my Daughters the Elder being always preferred according to Seniority unless there shall appear to my said Trustees some sufficient reason to the Contrary and if such Daughter so to be appointed shall be married and my said Trustees shall think proper to Intrust the management and care of the said Business to her Husband Jointly with her I direct and authorize my said Trustees so to do and in case any of my Sons or Daughters or their Husbands who may be intrusted as in my said will or hereinbefore mentioned shall misbehave or condcut themselves to the dissatisfaction of my Trustees in the management thereof then I order and direct authorize and empower my said Trustees to remove and dismiss him her or them from such Employ and to appoint such one other of my Sons or Daughters and the Husband if any of such Daughter in his her or their Stead and place as they my Trustees shall think proper in conformity to my said will and this Codicil and I desire my Trustees will from time to time make their appointments and removals by Deed under their Hands and Seals and I hereby authorize and empower my said Trustees to make such annual or other allowance and compensation as they shall think proper to such of my Sons or Daughters and their Husbands who shall be employed as aforesaid for their Case therein and I hereby authorize my said Trustees for the time being and give them absolute power to sell or Join and concur in the Sale of any of the Messuages Tenements and Hereditaments connected with the said Brewing Trade and distillery or either of them without the Consent ^ to Join and concur in purchasing any ^ of my said Wife and also in like manner without her consent Messuages Lands Tenements or Hereditaments to be connected with the said Brewing Trade and Distillery or either of them and in case it shall be necessary to raise any Monies by Sale or Mortgage for the purposes in my will mentioned or any of them I direct that my Estates not connected with the Brewery or Distillery shall be first sold or Mortgaged and that no money shall be raised by Sale or Mortgage of any part of my Estate or property connected with the said Trade or Distillery until it shall be absolutely necessary for Default of other Funds and I do hereby further declare my will and Intention to be that all my Children and their respective Heirs Executors and administrators shall equally share in and partake of my Estates Real and personal without any priority or preferrence of any one of them his or her Heirs Executors or administrators over any other of them or his or Her Heirs Executors or administrators subject nevertheless to the provises and Clauses in my said will contained in respect to the time and manner of vesting of such shares and in respect to accruer by Survivorship and otherwise as in my said will expressed and I confirm my said will in all points not altered by this present Codicil In Testimony whereof I have hereunto set my Hand and Seal this twenty fourth day of September in the year of our Lord one thousand seven hundred and Ninety three Wm Carter LS Signed Sealed published and Declared by the above named William Carter as and for a Codicil to his will in the presence of us who in his presence and at his request and in the presence of each other have hereunto set our Hands as witnesses hereto Russell Scott Timothy Pike Stephen Hobbs Codicil to Wm Carter's Esqr will in addition to what I have left by any and every former will I do devise to my wife Sarah Carter the intire Sum of Five hundred pounds Sterling payable within six months after my decease as well as the whole of my Furniture Household Goods and Liquors in my Dwelling house at Portsmouth and also such as has been ordered by me and not come to Hand Witness my Hand Wm Carter LS Signed Sealed and delivered by the above named William Carter in the presence of us Tichfield Octr 22n 1797 witness Jno Bourmaster Samuel Jellicoe Titchfield 29th October 1797 I desire my Executors to provide mourning for my Servants who shall be living with me at the time of my decease and to pay each of them within one month after the same time five Guineas and also give Guineas to James Smith late my Coachman and now keeping the Fighting Cocks in Queen Street Town of Portsea and to give to my Son John Adam the three Silver Castors and Coffee pot left me by my Honored Father if he dies before of age to Daniel Jellicoe and so in succession if there should be room in the vault in which my Honored Father is deposited for me and my Dear wife I beg our remains may be placed therein but if not there vault may be built in the Garden or yard of the Dissenting Meeting House High Street Portsmouth Wm Carter This is a Codicil to the last Will and Testament of me William Carter of Portsmouth in the County of Southampton bearing date the 28th Day of February 1798 whereas I have made and duly executed my last will and Testament which was done Executed under and the advice assistance of my Brother in Law Arthur Atherley Esquire and my first Cousin Henry Bonham Esquire by direction from me and Drawn by Messrs Ambrose and James Weston of Fenchurch Street in the City of London Attornies at Law and the signing of the said will and Testament witnessed by my three Friends Mr Pike of Portsmouth the Reverend Russell Scott and Mr Stephen Hobbs and dated the 17th September 1798 and whereas since making and executing the said will and Codicil I have made purchases and have had Conveyances made to me in Trust for me and have also made another Codicil witnesses and Testified by my Brother in Law Mr Samuel Jellicoe and Rear Admiral Bourmaster Now I do hereby give devise and bequeath and again confirm as mentioned in the said will and Codicil witnessed by Mr Jellicoe and admiral Bourmaster except such parts thereof as are herein excepted and as I have lately bought of Captain Jonathan Faulkner of His Majestys Navy the House Garden and Field situate at Titchfield in the County of Hants which the said Captain Jonathan Faulkner bought of vice admiral Dickson Now I the said William Carter do hereby give and bequeath the aforesaid mentioned Garden Field and all the appurtenances thereunto belonging to my Dear wife Sarah Carter and her Heirs and my last request that I make to her is that she keeps the promise she made to me some little time ago vizt never to enter into any Bond or undertaking for Cash or be answerable for any person whatsoever as I fear after I am gone it will be enough for her to be answerable for herself but I mean to charge upon the said House Garden and Field so purchased of Captain Jonathan Faulknor the Sum of five hundred pound to my Daughter Sarah Carter in addition to what she will particularly inherit under the will aforementioned no for the sake of shewing more affection to her then the other Children but on account of her having lately had so much Trouble in attending me in my Complaint and disorder I wish Just to mention that as my Brother Sir John Carter was so kind as to advance her the money to pay for the House ?????? bought of Captain Faulknor on my mentioning to him the Idea I had of purchasing it I proposed to give him a Security on that part of the Tithes of Arreton in the Isle of Wight belonging to me which have not yet been done which I am ready to do as soon as the proper Deeds are drawn I therefore desire that my Executors would as soon after my decease as they can with prudence do it pay him the said Sir John Carter the said money with any Interest there may be due on it and I do hereby desire to return him best thanks for all his kind attention to me at all times and particularly for his kindness and attention to my Son and for his attention and kindness to my and his my Dear wife since the Illness of my Son John Portsmouth 28 February 1798 Wm Carter LS Signed and sealed by me said William Carter as for a Codicil to my last will and Testament on the Day of the date aforewritten I give and bequeath also unto the Dessenting unitarian Minister of the Congregation of protestant Dissenter assembling in the High Street of Portsmouth for the time being for ever the Sum of five Guineas per annum which I make chargeable on the aforementd House Garden and Field bought of Captain Jonathan Faulknor and situated in Tichfield in the County of Hants and I do hereby request that provided there is room in the vault in the Church yard of Portsmouth in which my Honored Father was Buried that my Brother Sir John Carter would permit my Body to be laid therein provided there is also room for my dear wife Sarah Carter but if there should not be room for the same I will that a vault be built in the meeting House yard or Garden belonging to the Congregation of protestant Dissenters assembling in the High Street Portsmouth and that the Coffin I may be laid may be fill with Quick Lime Wm Carter LS Signed and Sealed by me the said William Carter as and for a Codicil to my last will and Testament 5th day of March 1798 2d May 1798 Appeared Personally Joseph Jellicoe of Fenchurch Street London Merchant and James Weston of Same place Gentleman and made oath that they knew and were well acquainted with William Carter late of Portsmouth in the County of Southampton Esquire deceased and with his manner and Character of Hand writing and subscription having seen him write and subscribe his Name and the Deponents having carefully viewed and perused the paper writings hereto annexed purporting to be and contain a third a fourth and a fifth Codicil to the last will and Testament of the said deceased the said third Codicil beginning thus "Tichfield 29th October 1797" ending thus Dissenting Meeting House High Street Portsmouth" and thus subscribed "Wm Carter" the said Fourth Codicil beginning thus this is a codicil to the last will and Testament of me William Carter of Portsmouth in the County of Southampton" ending thus Signed and Sealed by me said William Carter as and for a Codicil to my last will and Testament on the Day of the Date afore written and thus subscribed "Wm Carter said fifth Codicil beginning thus "I give bequeath also unto the Dissenting unitarian Minister ending thus as and for a Codicil to my last will and Testament 5th Day of March 1798 and thus subscribed Wm Carter the Deponents lastly made oath that they verily and in their Consciences believe the whole Body Series and contents of the said paper writings beginning ending and subscribed as aforesaid to be of the proper hand writing and subscription of the said William Carter deceased Joseph Jellicoe Jas Weston Same Day the said Joseph Jellicoe was duly Sworn to the Truth of this affidavit before me Chr Robinson Surrogate P?? Charles Bedford Not Pub 4th May 1798 the said James Weston was duly Sworn to the Truth of this affidavit before me S Parsons Surrogate P?? Robt Slade NP This Will was proved at London with five Codicils the twenty first Day of May in the year of our Lord one thousand seven hundred and Ninety 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 Sarah Carter widow the Relict of the deceased and Executor during widowhood Sir John Carter Knight the Brother of the said deceased Arthur Atherley Esquire and Henry Bonham Esquire four of the Executors named in the said will to whom administration was granted of all and singular the Goods Chattels and Credits of the said deceased having been first Sworn to wit the said Sarah Carter Sir Henry Carter Knight and Henry Bonham by Commission [sic ... should be Sir John Carter] and the said Arthur Atherley before the worshipful John Sewell Doctor of Laws and Surrogate duly to administer power power reserved of making the like grant to William Stiles Esquire the other Executor named in the said will when he shall apply for the same
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