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
Last Modified: Sunday, 11-Aug-2013 18:13:30 NDT