Source: TNA, PROB 11/1196
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I John Green of the Town and County of Poole Merchant being of perfect Memory and understanding praised be God do make and declare this to be my last Will and Testament in Writing in manner and form following that is to say First I order and direct that all my just Debts and Funeral Expences shall be paid and discharged and to and with the Payment thereof I subject all my real and personal Estate Also I give and bequeath unto my well beloved Wife Sarah Green and unto my good Friends Thomas Durell Esqr of the Royal Navy and George Kemp of the Town and County aforesaid Merchant the Sum of Ten Thousand Pounds Sterling upon the Trusts hereinafter expressed vizt In Trust to place the same at Interest either in the Bank of England or some approved real Security or Securities and to pay or permit my said wife to receive the whole Dividends and Interest thereof for her support and Maintenance during her Widowhood but in case she shall happen to marry again Then upon Trust that the said Thomas Durell & George Kemp or the Survivor of them shall immediately thereafter transfer or assign one Moiety or half part of the said Ten Thousand Pounds or the Stock or Securities wherein the same shall be invested to my said wife Sarah for her own sole use and disposal without being subject to the debts controul or intermeddling of any Person with whome she may so marry and as to the other Moiety of the said Ten Thousand Pounds Then upon trust that the said Thomas Durell and George Kemp shall stand and be possessed thereof and of the Securities for the same for the use and Benefit of all my children by my said Wife who shall be living at my decease in equal Shares and Proportions during their respective Minorities and as soon as they shall severally attain to the age of twenty one years Then In Trust that they shall divide or assign the same Moiety or Securities to and amongst such children share and share alike but if my said Wife shall continue my widow during her natural life then In Trust as to the said Ten Thousand Pounds or the Securities taken for the same that the said Thomas Durell and George Kemp or the Survivor of them shall immediately after my said Wifes decease pay or transfer one Moiety thereof to all my said children in equal shares and Proportions if they shall then have attained their ages of twenty one years but if any or either of them shall be under the said Age when that event shall happen then that they the said Trustees or the Survivor of them shall lay out or apply the Dividends or Interest arising from the Part or Shares of such Moiety belonging to such Child or Children so under Age to his her or their Advantage until he she or they shall be capable of accepting a transfer or assignment of such part or share and In Trust as to the other Moiety or half part of the said Ten Thousand Pounds or the Securities for the same that they the said Trustees or the Survivor of them do and shall immediately after my said Wife's decease (she dying my widow) pay and transfer such Moiety to such of my said Children in such shares and Proportions and in such manner as my said Wife shall by any Deed or Instrument in writing or by her last will and Testament in Writing direct or appoint but in default of such direction or appointment to my said Children equally Also I give and devise to my said wife Sarah my Dwelling House with the Hereditaments and Appurts wherein I now reside situate int he Town and County of Poole aforesaid unto the said Thomas Durell and George Kemp and to their Heirs and Assigns to the several users and upon the several Trusts following that is to say In Trust to permit and suffer my said Wife Sarah to hold and enjoy the same or to receive the Rents and Profits thereof to her own use during the term of her natural Life and from and after her decease to the use of my said Son John Green for and during the term of his natural life and from and after the determination of that Estate to the use and behoof of the said Thomas Durell and George Kemp and their Heirs during the life of my said Son In Trust to preserve the contingent Remainders thereof hereinafter limitted from being defeated or destroyed and for that purpose to make Entries and bring Actions as Occasion shall require yet nevertheless to permit and suffer my said Son to receive the Rents and Profits thereof during his life and from and immediately after the determination of that Estate then to the use and behoof of the Issue of the Body of my said Son lawfully to be begotten for such Estate and Estates and in such manner as my said Son John shall in and by his last Will and Testament in Writing or by any Deed duly executed direct limit or appoint and for want of such Direction limitation or appointment to the use of all such Issue and their Heirs as Tenants in common and not as joint Tenants but if my said Son shall happen to die leaving no such Issue Then I give and devise the said Dwelling House and Premisses unto all my Daughters who shall be then living and their respective Heirs as Tenants in common and not as joint Tenants Also I give and devise unto the said Thomas Durell and George Kemp and to their Heirs all those my Farms and ?????s situated in the Parishes of Longham and Hampreston in the Counties of Hants and Dorset now in the tenure of Richard White called by the Names of Redmans and Spencers to the uses and upon the trusts hereinafter mentioned that is to say In Trust to permit and suffer my dear wife to receive and take the Rents and profits of the said several Farms during the Minority of my said son John Green and to apply the same towards the Maintenance and Education of all my Children in general and as soon as my said Son shall have attained his Age of twenty one years Then to the use of my said Son John for and during the term of his natural life and from and after the determination of that Estate to such uses and upon the same Trusts as are hereinbefore limitted and declared in respect to my present Dwelling House hereinbefore described and to and for no other uses Interests or purposes whatsoever also I give and devise to my said son John Green my Moiety and share of and in the several Plantations and Fishing Rooms and the Stores and Buildings thereon erected situate at Carbonear and the Harbours adjoining and adjacent in the Bay of Conception in the Island of Newfoundland with all the Houses Outhouses Stores Flakes and Appurtenances thereto belonging as the same now are in the joint possession of myself and my Brother Young Green To hold the said Moiety of the said Premises to my said son John and his Heirs for ever he or they suffering my said Wife to receive the Rents and Profits thereof to her own use during his minority Also I give and devise to the said Thomas Durell and George Kemp and to the Survivor of them his Heirs and Assigns all that Messuage or Tenement with the Quays Appurts wharfs and Storehouses thereto belonging which I sometime since purchased of Mr Peter Jolliffe situated near the Head of the Great Quay in the Town and County of Poole aforesaid In Trust as soon as conveniently may be after my decease to sell and dispose of the same Premisses for the best price that can be obtained and I do declare that the Receipt of the said Thomas Durell and George Kemp or either of them or thei Heirs of the Survivor of them shall be a good and effectual discharge in the Law to any Purchaser or Purchasers for the Monies arising by such Sale which Monies I hereby order and direct shall be consolidated with and applied and appropriated in like manner as the rest of my Personal Estate Also I give and bequeath to my said Wife Sarah and to the said Thomas Durell and George Kemp and to the Survivors or Survivor of them his or her Executors or Administrators the Sum of eight thousand pounds and five hundred pounds Sterling Upon Trust to place the same at Interest on Government or Real Securities and to pay and apply the Interest or Dividends thereof as follows vizt the Interest to arise from the Sum of two thousand and five hundred pounds to and for the use and Benefit of my said son John during his Minority and the Interest and Dividends which shall arive from the remaining six thousand Pounds to and for the use and benefit of my three Daughters namely Susanna Elizabeth and Sarah in equal Shares and Proportions during their respective Minorities and in Trust as soon as my said son John Green shall attain to his age of twenty one years to pay or transfer to him the Nett Sum of Two two thousand and five hundred pounds part of the said Sum of eight thousand and five hundred pounds or a proportion of the Securities taken for the same for his own use and disposal and as soon as my said three Daughters shall severally attain to the same Age then In Trust to pay or assign to them severally immediately thereafter the sum of two thousand Pounds apiece or the securities taken for the same being the Residue of the said Eight thousand and five hundred Pounds the Trust Monies above mentioned and in case I shall leave any afterborn child or children or my wife shall be ensient at the time of my decease then I give and bequeath unto my said wife adn the said Thomas Durell and George Kemp and to the Survivor of them the Sum of one thousand Pounds Sterling apiece for each and every such afterborn child or children to be placed out for their benefit and paid and applied for their use in like manner as I have before directed in respect of the Legacies given to my other Children also I give to my Brother Young Green the Sum of one hundred Pounds to be paid to him in six Months after my decease also I give to the said Thomas Durell and George kemp the Sum of Fifty Pounds each provided they shall undertake the Execution of the trusts reposed in them by this my will which Legacies shall be paid to them in six Months after my death I also give to my clerk William Adey the Sum of twenty Guineas if he shall be living with me at my decease to buy him Mourning and to be paid to him in one Month thereafter and my further will and Meaning is that if it shall happen by reason of unforeseen events or losses in Trade or in the Recovery and collecting my Debts and Effects my present Estate and Circumstances shall be reduced so as that the whole of the specifi??? Legacies hereinbefore by me given and bequeathed cannot be paid and discharged according to my Intention for want of sufficient Assets for that purpose then and in such case I do order and direct that the deficiency (if any) shall be made good out of the several Legacies and Sums of Money so left in trust to my said Children as aforesaid rateably and proportionably to such Legacies but that the several Devises and Bequests in favour of my said wife shall not on any account be affected thereby or any ways be diminished and shall at all Events be enjoyed by her without any reduction and my further will and Meaning is that if my said wife shall maintain cloath educate and support all my children during their respective Minorities and she shall also waive and relinquish all her Estate and Right of Dower of and in all my Freehold Messuages Lands and Hereditaments whereof I shall die seized except my present Dwelling House she shall have and be entitled to receive all the Interest Monies and Dividends which shall accrue or become due on the several Sums of Money herein before mentioned and given in Trust for the benefit of my said Children until they shall respectively attain the aforesaid age of twenty one years any thing before expressed to the contrary notwithstanding and my further will and Meaning also is that if any or either of my said Children or any afterborn child or children shall happen to depart this life before he she or shall have arrived to the age of twenty one years without leaving any lawful Issue of his her or their Body or Bodies the part and share of him her or them so dying of and in all and every the Estate Effects and monies hereby to them respectively given or devised shall go to and be enjoyed by such of my said children as shall attain to the aforesaid age in equal shares if more than one and in like manner as such deceased child or children would have been entitled thereto if living but if any of my said children shall happen to die under the aforesaid Age leaving any Issue of his her or their Body or Bodies lawfully to be begotten then I will and direct and I do declare that such Issue shall have and be entitled unto such part and share of and in my said Estates Effects and Monies as his her or their Parent or Parents would have become entitled to at the time of his her or their attaining to the said Age of twenty one years to be divided equally amongst such Issue if there shall be more than one also I do give and bequeath unto my said Wife all my Household Goods Furniture Linnen Liquors and China for her own use and likewise the use of all my Plate during the time she shall continue my Widow and from and after her death or Marriage I give the same to my said Son John Green and all thereof and residue of my Estates both Real and Personal Goods Chattels Effects Monies and Securities for Money and property whatsoever and wheresoever not hereinbefore particularly disposed of I give devise and bequeath unto my said beloved wife Sarah Green her Heirs Executors and Administrators for her and their own use and disposal And I do hereby nominate and appoint the said Sarah Green Thomas Durell and George Kemp joint Executors of this my said will and I do hereby authorize and empower them and each of them to repay & reimburse themselves and either of them all costs and charges which they or any of them shall sustain or be put unto in the Execution of this my will or the Trusts therein contained or for any thing that shall relate thereto and I do hereby expressly declare that neither my Trustees nor Executors or any of them shall be answerable or accountable for any Losses or Damages which shall happen to any part of my Estates without his her or their wilful default and that neither of them shall be responsible for the neglect default Acts or Deeds of the other of them but each of them for his or her own Neglect Default Acts and Deeds only and I do hereby revoke and make void all former Wills by me made In witness whereof I have to this my said last Will contained on four Sheets of Paper to the three first thereof subscribed my Name and to the last set my Hand and added my Seal the second Day of February in the year of our Lord one thousand seven hundred and eighty five Jno Green Signed Sealed Published and Declared by the Testator John Green as and for his last Will and Testament in the presence of us who in his presence and at his request and in the presence of each other have attested the same several Interlineations being first made also Razures John Kemp Abm Christian Benjn Coward Whereas since the Date and Execution of my Will above written I have purchased of Joseph Nea?? the younger the Free Simple and Inheritance of a small estate called Fonds situate in the Parishes of Longham and Hampreston in the Counties of Dorset and Southampton or one of them and I am also seized of one acre of Meadow Ground in Eye Mead in the Parish of Longham aforesaid which is not devised by my said will Now I do by this present writing which I will shall be taken as a codicil to and as part of my said will give and devise the said Estate called Fonds and the said Acre of Meadow Ground with the Appurtenances unto Thomas Durell and George Kemp the Trustees named in my said Will and their Heirs To for and upon the same uses Trusts Intents and Purposes as I have given and devised or meant to give and devise in and by my said will my other Lands and Estates in the said will mentioned situate at Longham and Hampreston aforesaid that is to say In Trust to permit and suffer my wife Sarah Green to receive and take the Rents and Profits thereof during the Minority of my son John Green and to apply the same towards the Maintenance and Education of all my Children and as soon as my said Son John shall have attained his said Age then to the use of my said Son John for and during the term of his natural life with remainder to the said Thomas Durell and George Kemp and their Heirs In Trust to preserve the contingant remainders after limited with remainder to the use of all and every the children of my said Son John for such Estates and in such manner shares and proportions as my said son shall by Deed or will direct or appoint and for want of such direction or appointment to the use of all such children and their Heirs as Tenants in common with remainder to the use of all my Daughters and their Heirs as Tenants in common and subject to such provisoes and conditions as are in my said will mentioned of and concerning my said Estates at Longham and Hampreston thereby devised and to prevent any doubt that may arise on the Construction of the several Devises or Limitations contained in my said will to my said son John as well of my Dwelling House with the Hereditaments and Appurtenances thereto belonging situate in the Town and County of Poole wherein I resided at the time of making such will and wherein I now reside as of my Estates and Longham and Hampreston aforesaid I do hereby declare that it was and is my Intention that the several Estates thereof respectively limitted to my said Son John shall be an Estate for his life only and not an Estate in tail and that in default of his direction and appointment of the said respective Lands Hereditaments and Premisses amongst his children in such manner as he is impowered to do in and by the said will such children shall take the same Lands Hereditaments and Premisses in equal shares under my said Will by purchase and not by limitation or as Heirs of the Body of my said son any thing in the said will contained to the contrary thereof notwithstanding and whereas I have in and by my said will given and bequeathed unto my said wife and the said Thomas Durell and George Kemp the Sum of eight thousand and five hundred pounds In Trust for my said Son John and my Daughters Susanna Elizabeth and Sarah in such Proportion manner and form as in my sais will mentioned Now I do hereby give and bequeath unto my said wife and the said Thomas Durell and George Kemp the further Sum of four thousand Pounds In Trust as to one thousand Pounds part thereof for the use and benefit of my said Son John as to one thousand Pounds other part thereof for my Daughter Susanna as to one thousand Pounds other part thereof for my Daughter Elizabeth and as to the remaining one thousand Pounds for my Daughter Sarah the said several sums to be paid to my said children respectively at such ???? and the Interest thereof to be paid and applied during their respective Minorities and the same to be subject to such clauses Powers Provisoes and conditions and in such manner as are mentioned declared and contained in my said will of and concerning the respective Shares of them my said Son and Daughters of and in the said Sum of eight thousand and five hundred Pounds thereby bequeathed to and for them respectively as aforesaid And Whereas some doubts may arise concerning the disposition in my said will contained of the Purchase Money to arise from the sale of my Messuage or Tenement with the Quays Appurtenances wharfs and Storehouses thereto belonging situate in Poole aforesaid which I purchased of Peter Jolliff and which are by my said will directed to be sold Now I do hereby declare my will to be that the said Purchase Money shall in the first place be applied to make good the deficiency (if any be) in my personal estate to raise the several pecuniary Legacies by by my said will and by this my codicil bequeathed and subject to the making good of such deficiency I will that such purchase Money shall go and be paid to and for the sole use and benefit of my said wife the Residuary Legatee named in my said will And I do hereby ratify and confirm my said will in all other respects In Witness whereof I have hereto set my Hand and Seal the thirteenth Day of June in the year of our Lord one thousand seven hundred and eighty seven Jno Green Signed Sealed Published and declared by the said John Green the Testator as and for a codicil to his last will and Testament in the presence of us who in his presence and in the presence of each other have subscribed our Names as witnesses thereto Mary Dean Wm Dean H G Stephens This Will was proved at London with a codicil on the fifteenth day of October in the year of our Lord one thousand seven hundred and ninety before the Right Honourable Sir William Wynne Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of Sarah Green Widow the Relict of the deceased Thomas Durell and George Kemp Esquires the Executors named in the said will to whom admon was granted of all and singular the Goods Chattels and credits of the said deceased they having been first sworn by commission duly to administer
Last Modified: Wednesday, 31-Jul-2013 20:23:58 NDT