7 March 1777 Will of Benjamin Frith of Poole, currier (proved 3 May 1777)

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

Source: TNA, PROB 11/1031

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The is the last Will
and Testament of me Benjamin Frith of the Town
and County of Poole Currier for the settling and disposing
of all my worldly Estate in manner and form following
that is to say First I will that all my just debts and
Funeral Expences be paid and discharged Also I give and
bequeath unto my dear and well beloved wife Susannah
all and singular my Household Goods and Furniture Plate
Linnen Wearing Apparel Books China watches and Rings
at her own disposal Also I give and devise unto my said
dear wife all that my Messuage Tenement or Dwelling
House Outhouses Backside Garden Hereditaments and
Appurtenances situate and being in High Street in Poole
aforesaid wherein I now dwell and which I lately purchased
of and from Harry Tuck and James Baldwin to me and 
my Heirs for ever And also all that my other Messuage
Tenement or Dwelling House Hereditaments premises and
Appurtenances situate and being in Poole aforesaid and
adjoining to a Lane or Alley called Swan Alley in a
Street there called Strand Street and now in the Occupation
of my son John Frith and which I lately purchased of
Elizabeth Wills widow to me and my Heirs for ever And
also all that my Leasehold Messuage Tenement or
Dwelling House with its Appurtenances situate in or near
Strand Street in Poole aforesaid adjoining to the said
last mentioned Messuage or Tenement and now or late
called the Dolphin or Fountain Alehouse and now or
late in the Occupation of Moses Cannaway and which
I lately purchased of Joseph Fryer To hold the said
several messuages Tenements or Dwelling Houses Outhouses
Backside Garden Hereditaments and Premises with their
respective Appurtenances to my said dear wife Susannah
and her Assigns for and during the term of her natural
life and from and immediately after her decease I give
and devise the said two last mentioned Messuages Tenements
or Dwelling Houses Hereditaments and Premises with their
respective Appurtenances so by me purchased of the said
Elizabeth Wills and Joseph Fryer respectively as aforesaid
unto my said Son John Frith for and during the term of
his natural life and from and after the determination of
that Estate I give and devise the said Messuage Tenement
or Dwelling House Hereditaments and Premises with the
Appurtenances so by me purchased of the said Elizabeth
Wills as aforesaid unto my Friends John Bird the Elder
of Poole aforesaid Shopkeeper Peter Jolliffe the younger of
the same place Merchant and Robert Coward of the same
place Cordwainer and their Heirs for and during the 
natural life of my said Son John Frith to the Intent to
support the Contingent remainders in this my last Will
after limited so that the same may not be destroyed and
for that purpose to make Entries or bring Actions as the



Case shall require But in Trust nevertheless         to
permit my said Son John Frith to receive the Rents and
Profits thereof to and for his own use during his natural
life and from and immediately after his decease then I give
and devise the said two last mentioned Messuages Tenements
of Dwelling Houses Hereditaments and premises with their
respective Appurtenances so by me purchased of the said
Elizabeth Wills and Joseph Fryer respectively as aforesaid
unto all and every the Child and Children (if more than one)
of my said Son John Frith lawfully begotten or to be
begotten and to their several and respective Heirs Executors
Administrators and Assigns for ever as Tenants in Common
and not as joint tenants and if but one then to such only
Child and to his or her Heirs Executors Administrators
and Assigns for ever But in case my said Son John Frith
shall leave no such Child or Children born at or in due
time after his death or leaving Issue and all such Issue
shall happen to die without Issue Then I give and devise
the said two last mentioned Messuages Tenements or dwelling
Houses Hereditaments and premises with their respective
Appurtenances so to be by me purchased of the said Elizabeth
Wills and Joseph Fryer respectively as aforesaid unto my two
Daughters Ann the now wife of John Spurrier of Poole
aforesaid Sailmaker and Susannah the now wife of Tito
Durell of the same place Shipwright and to their several
and respective Heirs Executors Administrators and Assigns for
ever as Tenants in Common and not as joint Tenants And 
as for and concerning the said first mentioned Messuage
Tenement or Dwelling House Outhouses Backside Garden
Hereditaments and Appurtenances wherein I now dwell and
which I so as aforesaid purchased of the said Harry Tuck
  James Baldwin I give and devise the same and every
part and parcel thereof with the Appurtenances (from and
immediately after the decease of her my said wife unto the
said John Bird Peter Jolliff and Robert Coward and to their
Heirs and Assigns for ever Upon Trust nevertheless that they
my said Trustees the said John Bird Peter Jolliff and
Robert Coward and the Survivors and the Survivor of them
and the Heirs and Assigns of such Survivor shall and do as
soon as conveniently may be after my said wifes decease)
sell and dispose thereof and every part thereof for the best
Price and most money that can be had and gotten for the
same and bring the moneys arising by the Sale thereof
into the Residue of my Personal Estate by me given and
bequesthed in manner herein after mentioned and which I
will and declare shall be accounted and taken as part and
parcel thereof And I do hereby declare and direct that for
the better effecting such Sale or Sales that the person or
persons who shall purchase any part of the said Trust
Estate on payment of his her or their Purchase Money to
my said Trustees or any or either of them shall be fully
and absolutely descharged from the payment thereof and
							shall



shall not be answerable for any Misapplication or
Nonapplication thereof or any part thereof Also I give and
devise unto my said son John Frith All that my plott of
Garden Ground situate in the Easthalves in the Borough
of Wareham in the County of Dorset for and during the
term of his natural life with remainder to the said John
Bird Peter Jolliff and Robert Coward and their Heirs for
and during the natural life of my said son John Frith
In Trust to preserve the Contingent Remainders herein after
limited And from and immediately after the death of my
said Son John Frith I devise the sait plott of Garden Ground
to the first and every other Son and Sons of the body of
my said Son John Frith lawfully begotten or to be begotten
successively in Tail Male And in default of such Issue I
devise the said Plott of Garden Ground unto my said
Daughter Susannah Durell and to her Heirs and Assigns for
ever Also I give and devise unto my said Daughter Ann
Spurrier All that my Plott of Land situate at Melcombe
Regis in the said County of Dorset (Subject nevertheless
to the Lease by me lately granted thereof to John Tucker
Esquire for and during the term of her natural life with
remainder to the said John Bird Peter Jolliff and Reobert
Coward and their Heirs for and during the natural life of her
my said Daughter Ann Spurrier In Trust to preserve the
Contingent Remainders herein after limited And from and
immediately after the death of my said Daughter Ann
Spurrier I devise the said Plott of Land at Melcomb Regis
aforesaid (Subject nevertheless as aforesaid) to the first and
every other Son and Sons of my said Daughter Ann Spurrier
lawfully begotten or to be begotten successively in Tail
male and in default of such Issue I devise the said Plott
of Land at Mellcombe Regis aforesaid Subject nevertheless
as aforesaid unto my said Daughter Susanna Durell and to
her Heirs and Assigns for ever Also all the Rest and Residue
of my Estate both Real and Personal Goods Chattels Rights
Credits Stock in Trade and other personal Estate and Effects
whatsoever and wheresoever (not herein before otherwise given
or disposed of I give devise and bequeath unto the said John
Bird Peter Jolliff and Robert Coward their Heirs Executors
Administrators and Assigns Upon Trust nevertheless that my
said Trustees and the Survivors and Survivor of them and
the Heirs Executors and Administrators of such Survivor
shall and do as soon as conventiently can or may be after
my death sell and dispose of such parts of my Residuary
Estates as are Saleable for the best prices and most money
that can be had and gotten for the same and also pay
and Satisfy all my just debts and Funeral Expences and shall
as soon as conveniently may be put and place out as well
the Surplus of all my said Residuary Estates as also all
and every other Sum and Sums when received as shall arise
by and out of the Sale of such part of my Freehold
Estate herein before by me direct to be sold as aforesaid



from and after the death of my said Wife as aforesaid
after deducting all Costs and Charges in executing or
defending the several Trusts herein mentioned or any or
either of them) in the public Funds or other good and
sufficient Security or Securities as my said Trustees and
the Survivors and Survivor of them and the Executors and
Administrators of such Survivor shall in the discretion
think fit with full power for my said Trustees ata ny time
to call in remove or new place out the same at Interest
upon such other Security or Securitys and in such manner
as they shall think fit so as the best Annual Interest
be thereof made as conveniently may be without lessening
the principal and shall pay all the Interest income and
produce thereof unto my said dear wife for her use
benefit and disposal for and during her natural life and
from and immediately after her decease upon this further trust
and my will is that they my said Trustees and the Survivors
and Survivor of them and the Executors and Administrators
of such Survivor shall and do pay the Sum of fifty pounds
part of the remaining principal money from and immediately 
after my said wifes decease unto my said Son John Frith
And upon this further trust that they my said Trustees and the
Survivors and Survivor of them and the Executors and
Administrators of such Survivor shall and do from and
immediately after the decease of my said wife out of the
remaining principal money and the Interest and produce
thereof pay unto my Son Joseph Frith and to his own
hands only and not the Hands of any Assignee or
Creditor One Annuity or yearly Sum of ten pounds of lawful
money for and during his natural life free and clear of 
all Rates Taxes and other Outgoings or Incumbrances
whatsoever by equal quarterly payments (that is to say
the twenty fifth day of March the twenty fourth day of
June the twenty ninth day of September and the twenty
fifth day of December the first payment to begin and be
made ont he first of the said days as may next happen
after my said wifes decease And I will that his receipts
alone shall from time to time be good and sufficient discharges
for the same to my said Trustees And upon this further
trust that they my said Trustees and the Survivors and
Survivor of them and the Executors and Administrators of
such Survivor shall and do pay the Sum of One hundred pounds
other part of the said remaining principal Sum from and
immediately after my said wifes decease unto my Grandson
Benjamin Frith (Son of the said Joseph Frith) as and when
he shall attain his Age of twenty one years and the
Interest thereof from the time of my death of my said wife
untill the same shall become payable shall pay and
apply for and towards his Maintenance in such manner
as my said Trustees shall think fir I intirely trusting to
their discretions therein And upon this further trust that
they my said Trustees and the Survivors and Survivor of
							them



them and the Executors and Administrators of such
Survivor shall pay the further Sum of one hundred pounds
(other part of the remaining principal money) from and
immediately after the death of the Survivor of them
my said wife and Son Joseph unto my said Grandson
Benjamin Frith as and when he shall attain his Age
of twenty one years and the Interest thereof from the
death of the Survivor of them my said Wife and Son
Joseph untill the same shall become payable shall pay
and apply for and towards his maintenance in such manner
as my said Trustees shall think fit I intirely trusting
to their discretion therein But in case my said Grandson
Benjamin Frith shall happen to depart this life unmarried
and under the Age of twenty one years then and in such
Case I will that the said two last mentioned principal
Sums of One hundred pounds and one hundred pounds given
and bequeathed to him as aforesaid shall sink into the
Residue of my personal Estate by me given and bequeathed
in manner herein after mentioned And upon this further
Trust that they my said Trustees and the Survivors and
Survivor of them and the Executors and Administrators of
such Survivor shall and do pay the Interest Income and
produce of the further Sum of three hundred and fifty pounds
other part of the remaining principal money (from and
immediately after my said wifes decease) unto my Daughter
Dorothy the now wife of Robert Cherett for and during
her natural life to be paid unto her own proper hands
and not into the Hands of her said Husband nor to the
Hands of any assignee or Creditor that may claim the
same by virtue of any assignment or otherwise but the
same to go and be paid to my said Daughter Dorothy
for her sole seperate and peculilar use and benefit and
shall not in any wise be subject or liable to the disposal
intermeddling controul Debts or Incumbrances of her said
Husband and the Receipts of her my said Daughter
Dorothy for such Interest and produce (notwithstanding such
her Coverture) shall from time to time be alone good and
sufficient discharges to my said Trustees who shall pay
the same And from and immediately after the decease
of her my said Daughter Dorothy then Upon this further
Trust that they my said Trustees and the Survivors
and Survivor of them and the Executors and Administrators
of such Survivor shall and do pay the Sum of two hundred
pounds part of the said last mentioned principal Sum of
three hundred and fifty pounds to my Grand Daughter
Mary Cherret Daughter of the said Dorothy as and when
she shall attain her age of twenty one years or day of
Marriage which shall first happen And the Interest 
thereof from the time of my said Daughter Dorothy's death
untill the same shall become payable shall pay and
apply for and towards her maintenance in such manner
as my said Trustees shall think fit I intirely trusting



to their discretion therein But in case my said Grand
Daughter Mary Cherrett shall happen to depart this life
unmarried and under the Age of twenty one years then
and in such Case I will that the said last mentioned
principal Sum of two hundred pounds so as aforesaid given
and bequeathed her shall sink into the Residue of my
Personal Estate by me given and bequeathed in manner
hereinafter mentioned And as for and concerning the Sum
of One hundred and fifty pounds Residue of the said Principal
Sum of three hundred and fifty pounds I will that from and
after the decease of her my said Daughter Dorothy that the
same Sum of one hundred and fifty pounds shall also sink
into the Residue of my Personal Estate And upon this further
Trust that they my said Trustees and the Survivors and
Survivor of them and the Executors and Administrators of
such Survivor shall and do pay one full and equal moiety
or half part of the Interest Income and Produce of all
the Rest  Residue and Remainder of the remaining
Principal Sum and also of the Rest Residue and Remainder
of my said Personal Estate from and immediately after
my said wifes decease my Debts and the before mentioned
Legacys and Annuity being first discharged) unto my said
Daughter Ann Spurrier for her  use and benefit for and
during her natural life and from and after her decease
shall and do pay one full and equal Moiety or half part
of all the Rest Residue and Remainder of all such remaining
Principal Sum and also of the Rest Residue and Remainder
of my said Principal Estate (my Debts and the before
mentioned Legacys and Annuity being first discharged) between
and amongst all and every the Child and Children lawfully
begotten or to be begotten that she my said Daughter
Ann Spurrier shall have at her death in equal Shares
Dividends and Proportions as and when they shall severally
attain their respective Ages of twenty one years or day or
days of Marriage which shall first happen and the Interest
thereof from the time of the Death of my said Daughter
Ann Spurrier untill the same shall become payable shall
pay and apply for and towards his her or their maintenance
in such manner as they my said Trustees shall think fit
intirely trusting to their discretion therein and in case any
or either of such children of her my said Daughter Ann
Spurrier shall happen to depart this life unmarried and
under the age of twenty one years then and in such Case
the part and Share of him her or them so dying of and
in the said Moiety or half part shall go and be paid unto
the Survivors and Survivor of them equally at the time and
in manner aforesaid And upon this further trust that they
my said Trustees and the Survivor and Survivors of them
and the Executors and Administrators of such Survivor shall
and do pay one other full and equal Moiety or half part of the
Interest Income and produce of all the Rest Residue and
Remainder of the remaining Principal Sum and also of
							the



the Residue and Remainder of my said Personal Estate
from and immediately after my Wifes decease my Debts and
the before mentioned Legacys and Annuity being first
discharged unto my said Daughter Susannah Durell for her
use and benefit for and during her natural life And from
and after her decease shall and do pay one other full and
equal Moiety or half part of all the Rest Residue and
Remainder of all such remaining Principal Sum and also of
the Rest Residue and Remainder of my said Personal Estate
my Debts and the before mentioned Legacys and Annuity
being first discharged between and amongst all and every the
Child and Children lawfully begotten or to be begotten that
she my said Daughter Susanna Durell shall leave at her
death in equal Shares Dividends and Proportions as and
when they shall severally attain their respective Ages of
twenty one years or day or days of Marriage which shall
first happen and the Interest thereof from the time of
the death of my said Daughter Susannah Durell untill
the same shall become payable shall pay and apply for
and towards his her or their Maintenance in such manner
as they my said Trustees shall think fit I intirely trusting
to their discretion therein And in case any or either of
such Children of her my said Daughter Susannah
Durell shall happen to depart this life unmarried and
under the Age of twenty one years then and in such case
the part and Share of him her or them so dying of and
in the said last mentioned Moiety or half part shall
go and be paid unto the Survivors and Survivor of
them equally at the Time and in manner aforesaid
And I do hereby nominate and appoint my said dear
wife Susanna and the said John Bird Peter Jolliff and
Robert Coward joint and Sole Executors and Executrix
of this my last will and Testament And my will
further is that my said Trustees shall deduct and
detain in their hands out of the said Trust Estate all
such Costs Charges Damages and Expences as they any
or either of them shall pay sustain or be put unto in
or about the Execution or Defence of the several trusts
hereby in them reposed or any or either of them and
that neither of them shall be answerable for the Acts
Deeds Receipts Neglects or defaults of the others of them
but each  for his own Acts only and neither of
them shall be charged or chargeable with any more
moneys other than what shall actually come to their
hands respectively nor for the loss thereof unless it be by
or through their wilful neglect or default And I do
hereby revoke and make void all and every former and
other will and wills by me at any time heretofore made
and hereby declare this along to be my true last will and
Testament In witness whereof I the said Benjamin Frith
the Testator have to this my last Will consisting of
three Sheets of paper set my hand and Seal at the



bottom of every Sheet the Seventh day of March in
the year of our Lord One thousand seven hundred and
seventy seven  Benj Frith  LS  Signed Sealed Published
and declared by the said Benjamin Frith the Testator as
and for and to be his last will and Testament in the
presence of us who subscribed our names as witnesses
hereunto at the request and in the presence of the said
Testator and of each other the word "remaining" and the
words "for and" in the second Sheet and the word "Daughter"
the word "all" and the word "as" in the third and last
Sheet being first severally interlined Also the latter 
part of the word "without" in the second Sheet being
first oblitered and the word "other" in the last Sheet being
also first interlined  Peter Street Junr  Benjn Coward
Hen Austen

This Will was proved at London the third 
day of May in the year of Our Lord one thousand seven
hundred and seventy seven before the Right Worshipful
Sir George Hay Knight Doctor of Laws Master Keeper or
Commissary of the Prerogative Court of Canterbury lawfully
constituted by the Oaths of Susannah Frith Widow the
Relict of the deceased John Bird the Elder Peter Jolliff
the Younger and Robert Coward 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 they having been first sworn by
Commission duly to administer

On 11th May 1819 Admon with the Will
annexed of the Goods Chattels and Credits of
Benjamin Frith late of the Town and County
of Poole deced left unadministered by Susannah
Frith Widow the Relict (the Residuary Legatee
for life) John Bird the Elder Peter Jolliffe
the Younger and Robert Coward respectively
deced whilst living the Exors was granted
to Susannah Hodges (Wife of Robert Hodges)
and Elizabeth Major Wife of William
Major the natural and lawful Children
of Susannah Durell Widow deced and
as such two of the Residuary Legatees
substituted being first sworn by Comon
duly to adminr The said John Bird the
Elder su????? his Co Exors and departed
this life having whilst living made
and duly executed his last Will and
Testament in writing and thereof
appointed his wife Sarah Bird sole Extrix
who duly proved the same and is since
dead Intestate and the said Susannah
Durell and Ann Spurrier Wife of
John Spurrier the Daurs the Residuary
Legatees substituted died without
having taken upon them or either of
them ????s of Admon with the said Will
annexd of the Goods unadmind of the
said Deceased as by Acls of C??? appear





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