17 July 1839 Will of William Green of Poole, gentleman (proved 20 May 1845)

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

Source: TNA, PROB 11/2017

If you came to this page directly, then you might want to know that I have additional family history information on my website.



This is the last Will and Testament
of me William Green of the Town and County of Poole Gentleman I give
and bequeath unto my dear wife Chatfield Green and my friends John
Brown of Poole aforesaid Merchant William Williams of the same
place Gentleman and Mark Seager of the same place Gentleman
their executors administrators and assigns all and singular my
household goods and furnituve plate linen china books prints and
pictures upon trust as soon as conveniently may be after my decease
to make or cause to be made a Schedule or Inventory thereof and
procure the same to be signed by my said wife and thereupon and
thenceforth to permit and suffer my said wife to take possession of



and have hold use and enjoy my said household goods and furni-
ture plate linen china  books prints and pictures during her life
without being answerable for reasonable wear and tear in the use
of the same and after the decease of my said wife my will is that 
my said household goods and furniture plate linen china books prints and pic-
tures shall fall into and form part of the residue of my estate and
effects hereinafter disposed of and I give devise and bequeath all and
every my messuages lands tenements and hereditaments situate and
beign at Poole aforesaid or elsewhere and all my ready money and
securities for money and other my residuary Personal Estate and
Effects whatsoever and wheresoever which I may be seized of in-
terested in or entitled unto at the time of my decease unto the
said Chatfield Green John Brown William Williams and Mark
Seager and to the survivors and survivor of them their and his
heirs executors administrators and assigns according to the natures
and qualities of the same estates and property respectively upon and
for the trusts intents and purposes following that is to say In trust in
the first place by and out of my said residuary personal estates and
effects to pay and discharge my just debts funeral and testamentary
expences and in the next place upon trust to permit and suffer my
said Wife Chatfield Green and her assigns to have receive and take the
rents issues profits dividends interest and annual produce of the said
trust estate for and during the term of her natural life for the mainten-
ance and support of herself and of such of my children who shall
remain with her and shall not have been married and from and
after the decease of my said wife upon trust that my said trustees or the
survivors or survivor of them their or his heirs executors or adminis
trators do and shall as soon as conveniently may be thereafter offer to sell
unto my  son William Seager Green at the sum of one hundred
and fifty pounds all those my freehold tenements situate in LegLand
Street which I lately purchased of my brother in law Captain John
Seager and in case my said son shall not consent to accept such offer
within one month after the making thereof then I direct that my
said trustees or trustee for the time being shall make the like offer (allow-
ing the period of one month to elapse between every such offer which
shall be made) to each of my other children who shall then be living
severally and successively and in remainder one after another in 
order and course as shall children shall respectively be in priority of
birth every elder of such children being always to have the first offer
and be preferred to every younger of such children Provided always
and my will is that my said trustees or trustee for the time being shall
and will as soon as conveniently may be after the decease of my said
wife absolutely sell and dispose of all and singular my other messuages
lands tenements and hereditaments as well as those hereinbefore direc-
ted to be sold in case the same shall not be accepted upon the terms 
aforesaid and also my household goods plate linen china and other effects
either by public auction or private sale and in such lots or parcels 
as my said trustees or trustee for the time being shall see most advisa-
ble and to convey assign and deliver the same as well as all other
premises hereby directed to be sold unto the purchaser or purchasers 
thereof or as he she or they shall direct and to receive the money
arising from the sale or sales thereof and to give effectual discharges
for the same exonerating the purchaser or purchasers from all liability
in respect thereof and by and out of the monies to arise from such
or sales and the rents and profits thereof in the meantime do and
shall ^ stand    possessed of and interested in the residue of 				^ pay and discharge the costs and
the monies to arise from such sale or sales as aforesaid as also the 			  expences incident to such sale or
											  sales and the execution of ???????
											  ?????? ?????? and do and shall



monies to be called in and received from other parts of my said residu-
ary estate and effects upon and for the trusts intents and purposes follow-
ing that is to say upon trust to divide the same to and amongst all my
children that shall then be living and the lawful issue then living of
any child or children of mine that shall be dead as tenants in common
in a course of distribution according to the stocks and not to the number 
of individual objects and so that the issue of a deceased child or children
shall take by way of substitution the share or respective shares only
which the parent or respective parents would if living have
taken and in case all my said children and their issue save one of such
children or issue shall die in the lifetime of my said wife then I direct
that the whole of such residuary estate and effects as aforesaid shall be
paid to such one of the children or issue absolutely Provided also and I
do hereby empower my said trustees or trustee for the time being to
compound or allo time or accept security real or personal for the pay-
ment of debts owing to my estate and to adjust by arbitration or otherwise
disputes in relation thereto or in relation to debts or demands against
my estate and I also empower my trustees or trustee for the time being
in the sale and conversion of my trust estate to give such credit as they
or he shall think proper I devise to the said Chatfield Green John
Brown William Williams and Mark Seager and the survivors and
survivor of them their and his heirs executors administrators and
assigns all the estates vested in me as mortgagee or trustee subject to
the equities and trusts affecting the same respectively and I declare
that the receipts of my  trustees or trustee for the time being to
purchasers and others for moneys paid to my said trustees or trustee for
the time being shall be sufficient discharges for the same and from
all liability to see to the application thereof and as to the monies to
arise from the execution of the trusts hereinbefore contained concern-
ing my real estates and residuary personal estate and not presently
applicable to the purposes of my will I direct my said trustees and tru-
tee for the time being to invest the same in their or his names or
name or in or upon any of the public stocks  funds or securities
of the United Kingdom or any real securities in England or Wales
and I authorize them or him to vary and transfer at their or his dis-
cretion as well the stocks funds and securities whereon such invest-
ment shall be made as any stocks funds or securites which shall at
my decease compose part of my personal estate for any other stocks
funds or  securities of the description contemplated by the preceding
direction and in case my said trustees or either of them shall die in
my lifetime or shall on my decease renounce the trusts of my will
or in case any trustee for the time being shall die or become unwilling
or unable to act or shall cease to reside in England then I empower
the surviving or continuing trustees or trustee for the time being or in
default of any such then the retiring trustee or the executors of
administrators of the last deceased trustee as the case may be by
any writing to nominate a new trustee or new trustees for the purpose
of filling such vacancy or vacancies and such new trustee or trustees
shall have the same powers in all respects as the trustees hereby
appointed and I direct that the respective trustees for the time being of this
my will shall be responsible only for so much money as shall come
to their respective hands and that they shall not be answerable for
involuntary losses or for the acts deeds or defaults of each other and I
expressly and specially declare that any trustee who shall payover
to his cotrustee or shall do or concur in any act enabling him to re-
ceive any monies with a view to the same being applied to the
general purposes of my will or for any definite or prescribed purpose



authorised by my will shall not be obliged to see to the due application
thereof nor shall such trustee be subsequently rendered responsible by
any express notice or intimation of the actual misapplication of the same
monies nevertheless I declare that this clause shall not in any manner
be construed to restrict the power of any trustee to require from his Cotru-
tee an amount of the application of the moneys in his hands or to insist
on his replacing any sum or sums which such trustee may have mis
applied my sole intention being to relieve my trustees from the operation
of the rule of equity which renders one trustee liable to make good 
moneys misapplied by his Cotrustee being convinced that this exemp-
tion from legal responsibility will not induce them to abate their
friendly viligance and I empower my trustees or trustee for the time being
to retain and allow to each other the costs and expences incurred in the
execution of the trusts or in relation thereto and lastly I appoint my
said wife and the said John Brown William Williams and Mark
Seager Executrix and Executors of this my will hereby revoking
all former and other wills by me at any time heretofore made and
declaring this only to be my last will and testament In Witness where-
of I the said William Green the Testator have to this my last will
and testament contained in five sheets of paper set my hand and seal
to wit my hand to and at the bottom of each of the four preceding
sheets and my hand and seal ^ at the top of the said sheets where			^ to this fifth and last sheet and
all the said sheets are fixed together this seventeenth day of July			  my seal
one thousand eight hundred and thirty nine   W Green  LS
Signed sealed published and declared by the said 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 hereunto sub-
scribed our names as witnesses  H M Aldridge Attorney at Law
Poole  Thos M Phippard Clerk to Mr Aldridge

This is a Codicil to the last will and testament of me William
Green of the Town and County of Poole Gentleman which will is
comprised in this and the four preceding sheets and bears date the
seventeenth day of July instant Whereas by my said will I have
given and bequeathed unto my dear wife Chatfield Green and my
friends John Brown Merchant William Williams Gentleman and
Mark Seager Gentleman all and singular my household goods and
furniture plate linen china books prints and pictures upon certain
trusts therein particularly mentioned Now I do hereby revoke the
bequest of the said household goods and furniture plate linen china
books prints and pictures as aforesaid and the trusts consequent
tehreupon and in lieu thereof I do hereby give and bequeath the
said household goods and furniture plate linen china books
pritns and pictures together with all and singular other my
household effects unto my dear wife the said Chatfield Green to
and for her own use absolutely and in all other respects I do here-
by confirm my said will In Witness whereof I have hereunto
set my hand and seal this twenty fifth day of July one thousand
eight hundred and thirty nine  W Green  LS  Signed
sealed published and declared by the said Testator as and for a Codicil to
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 hereunto subscribed
our names as witnesses  H M Aldridge Atty Poole  Thos
M Phippard Clerk to Mr Aldridge

Proved at London with a Codicil 20th May 1845 before the



Judge by the Oaths of Chatfield Green Widow the Relict John
Brown and William Williams the surviving Executors to whom
Administration was granted having been first sworn (by Commis-
sion duly to administer


[Home] [Mail]

Last Modified: Tuesday, 13-Aug-2013 22:27:19 NDT