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Source: TNA, PROB 11/1928
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This is the last Will and Testament of me David Spicer of the Town of Portsea in the County of South- ampton Esquire whereby I dispose of all my Estate and Effects and all & any other Property I have power to appoint in manner following I give unto my sister Sarah Weymouth Widow All my Printed Books and Family Paintings for her life and after her decease I give the same unto my Cousins Ann Lucas Brown and Jane Wickenden Wickenden the wife of James Wickenden of Birmingham Surgeon to be equally divided between them share and share alike I give and devise All that messuage with the appurtenances situate in Orange Street in the Town of Portsea aforesaid now or late in the occupation of David Blackey unto my said Sister for & during her natural life and from and immediately after her decease unto my said Cousin Ann Lucas Brown her heirs and assigns for ever I give and devise all that messuage with its appurtenances situate in Cumberland Street in the Town of Portsea aforesaid and now or late in the occupation of Betsey Fishley unto my said Sister for and during the term of her natural life And from and immediately after her decease unto my said Cousin Jane Wickenden Wickenden the wife of the said James Wickenden her heirs and assigns for ever I give and devise all those several Closes or parcels of land and hereditaments situate at or near Fratton and Southsea in the Parish of Portsea in the said County which I purchased of Maria Morey Widow William Friend and James White the Exors of the will of Richard Marden Morey and which now or late were in the occupation of Josiah Webb or his undertenants with the appurtenances there- to belonging unto my said Sister Sarah Weymouth for and during the term of her natural life and from and immediately after her decease I give and devise the same unto my Cousin Dorothy Gooch Widow her heirs and assigns for ever I give and devise All those several Closes or Parcels of Land and heredits situate in the Parish of Portsea aforesaid at or near the East End of a Land there called Deadmans Lane which were formerly the Estate of Richard Godman Temple Esquire and purchased by me of the trustees of his Estate and which said Closes or parcels of Land and hereditaments are now or late were in the occupation of James Stephens or his undertenants unto my said Sister for and during the term of her natural life And from and immediately after her decease I give & devise the same unto my Cousin Julia Susanna Edwards her heirs & assigns for ever I give and devise all that Close or Field or Parcel of land situate near Milton in the Parish of Portsea aforesaid which I purchased of Bussell and is now or late was in the occupation of John Gauntlett together with the appurtenances thereto belonging unto my said Sister for and during her natural life And from and immediately after her decease I give and devise the same unto the Reverend Henry Hawkes of Portsmouth his heirs and assigns for ever I give and devise all those two parcels of Land and hereditaments situate at Southsea in the Parish of Portsea aforesaid which I purchased of John Wesley Webb and are now or late were int the occupation of Joseph Jeram or his undertenants unto my said Sister for and during the term of her natural life And from and immediately after her decease I give and devise the same unto Daniel Howard of Portsea aforesaid Gentleman his heirs & assigns for ever I give and bequeath the following pecuniary legacies vizt unto my Cousin the said Dorothy Gooch the sum of Nine thousand pounds unto my Cousin the said Julia Susanna Edwards the like sum of Nine thousand pounds unto my Cousin the said Ann Lucas Brown the sum of Two thousand pounds unto my Cousin the said Jane Wickenden Wickenden the like sum of Two thousand pounds unto my Cousin Elizabeth Buttler Sister of the late Admiral Ballard the sum of Five hundred pounds unto Maria Sergeantson wife of Reverend Mr Sergeantson and one of the Daughters of my Cousin the said Admiral Ballard the like sum of Five hundred pounds unto Ann Brander one other of the Daughters of the said Admiral Ballard the like sum of Five hundred pounds unto Samuel Ballard the Son of the said Admiral Ballard the like sum of five hundred pounds unto my Cousin Mary Pike daughter of the late Timothy Pike the Elder the sum of five hundred pounds sterling unto my Cousin Ann Moore daughter of the late Francis Pike the like sum of five hundred pounds unto my Cousin Elizabeth Pike daughter of the late Moses Pike the like sum of five hundred pounds unto my Cousin Susan Undy Widow and one of the Children of the late Timothy Pike the Younger the like sum of five hundred pounds unto Helen the wife of Paul Porter and one other of the Children of the same Timothy Pike the like sum of five hundred pounds unto Eliza Pike sister of the said Susan Undy and one other of the Children of the same Timothy Pike the like sum of five hundred pounds unto William Pike Brother of the said Susan Undy and one other of the Children of the same Timothy Pike the like sum of five hundred pounds unto Timothy Pike Brother of the said Susan Undy and one other of the Children of the same Timothy Pike the like sum of five hundred pounds unto each of the Daughters of the late Sir John Carter deceased namely Ann the wife of General Evelegh Susanna the wife of Admiral Giffard and Dorothy Carter the sum of Five hundred pounds And unto each of the five Sisters of the said Thomas Wren Carter and daughters of the late William Carter Esquire deceased the like sum of five hundred pounds All which said pecuniary legacies I direct shall be paid and payable by and out of my Personal estate as soon as conveniently may be after the decease of my said Sister And if my Personal estate should not be sufficient to satisfy the whole of such legacies the deficiency shall be chargeable on my real Estates hereinafter devised I also give unto my servant Keziah Jones if in my service at my decease the sum of two hundred pounds and suitable mourning And I give the like sum and mourning to my Servant Harriett Smith if living with me at the time of my decease I give to my Clerk Edward Ranine the sum of two hundred pounds and suitable mourning if in my service at my decease I give to my man Robert Hoare if in my Service at my decease the sum of One Guinea per week for his life and I give unto him suitable mourning And I give unto the rest of my men who shall be in my service at my decease one months wages each And I direct that the said several legacies to my Servants and to my Clerk and Men respectively shall be paid and payable immediately after my decease I give and devise unto my Relatives Edward Carter of Portsmouth Esquire John Bonham Carter of Ditcham Esquire and Captain Thomas Wren Carter All that messuage or dwellinghouse situate in Saint Georges Square in the Town of Portsea aforesaid wherein I reside And also the Brewhouse Storehouses and buildings adjoining my said dwellinghouse & also all that Malthouse and the messuage Storehouses Stables Buildings Yard Garden and Land opposite my said dwellinghouse and brewhouse together with the appurtenances thereto belonging And also all my manors famrs tythes and Estates int he Isle of Wight devised to me by the Will of my late Brother John Spicer deceased or otherwise acquired by me And also all other messuages lands and tenements whatsoever and wheresoever of in or to which I or any person or persons In trust for me am is or are seized possessed or entitled for an Estate of freehold and inheritance or freehold only or which are of the nature of Copyhold or Customary tenure or Leasehold for years in possession reversion remaidner or expectancy or which I now have or shall at the time of my decease have power to dispose of or to appoint with the rights members and appurtenances thereto belonging (except such Estates as are vested in me upon any trusts or by way of mortgage) To hold the same according to the several natures or qualities thereof unto and to the use of the said Edward Carter John Bonham Carter and Thomas Wren Carter to be equally divided between them share and share alike and to take as tenants in common and not joint tenants and their several and respective heirs executors admors and assigns Provided always and it is my Will and I do hereby direct that during the lifetime of the said Sarah Weymouth the said Edward Carter John Bonham Carter and Thomas Wren Carter and their respective heirs executors admors and assigns shall stand and be possessed of the rents issues and profits to arise and be received during the lifetime of the said Sarah Weymouth from the said Manors Farms Lands messuages Brewery and other the hereditaments and premises hereinbefore devised to them the said Edward Carter John Bonham Carter and Thomas Wren Carter as aforesaid after deducting therefrom the expences of repairs and all other Outgoings upon the trust hereinafter declared concerning the same that is to say upon trust that they the said Edward Carter John Bonham Carter and Thomas Wren Carter and their respective heirs executors admors and assigns do and shall pay and apply the net proceeds of the said rents issues and profits unto such person or persons and in such manner as she the said Sarah Weymouth shall at any time or times and from time to time by any deed or deeds writing or writings to be signed sealed and delivered by her the said Sarah Weymouth in the presence of and attested by two or more credible witnesses or by her last Will and Testament in writing or any Codicil thereto to be signed by the said Sarah Weymouth in the presence of and attested by the like number of witnesses direct or appoint And in default of such direction or appointment or in case any shall be made not extending to the whole of such rents issues and profits then it is my Will and I do hereby direct that the said rents issues and profits or so much thereof as shall not be appoinded as aforesid shall go to and be divided between the said Edward Carter John Bonham Carter and Thomas Wren Carter equally share and share alike and their respective executors admors and assigns & it is my will and I do hereby declare that from and after the decease of the said Sarah Weymouth the said manors farms lands messuages brewery and other the hereditaments and premises so devised to the said Edward Carter John Bonham Carter and Thomas Wren Carter as aforesaid shall be and remain vested in them and their respective heirs executors admors and assigns as tenants in Common as aforesaid and for their own use and benefit free and clear of all trusts whatsoever except that in the event of my Personal estate not being sufficient to pay the whole of the legacies hereinbefore mentioned to be chargeable thereon such deficiency shall be chargeable on my Residuary real estate and be paid thereout And as to and concerning my Goods Chattels Capital & Stock in trade ready money money in the Public funds and on mortgage and other securities for money debts and all other Personal Estate and Effects of what kind soever which I or any person or persons In trust for me shall be entitled to or which I shall or may have any power to dispose of at the time of my decease other than and except such part or parts thereof as I have specifically or otherwise already bequeathed by this my Will & after payment and satisfaction of my just debts funeral and testamentary expences and the several pecuniary legacies hereinbefore bequeathed and such legacies as I may bequeath by any Codicil to this my Will I give and bequeath the same unto the said Edward Carter John Bonham Carter & Thomas Wren Carter to be equally divided between them share and share alike Provided always & it is my will and I do hereby direct that during the lifetime of the said Sarah Weymouth the said Edward Carter John Bonham Carter & Thomas Wren Carter and their respective executors admors and assigns shall stand & be possessed of the dividends interest and annual proceeds to arise and be received during the lifetime of the said Sarah Weymouth from my said residuary Personal estate hereinbefore bequeathed to the said Edward Carter John Bonham Carter and Thomas Wren Carter as aforesaid upon the trust hereinafter declared concerning the same that is to say upon trust that they the said Edward Carter John Bonham Carter & Thomas Wren Carter and their respective exors admors and assigns do and shall pay and apply the said dividends interest and annual proceeds unto such person or persons and in such manner as she the said Sarah Weymouth shall at any time or times and from time to time by any deed or deeds writing or writings to be signed sealed and delivered by her the said Sarah Weymouth in the presence of & attested by two or more credible witnesses or by her last Will and Testament in writing or any Codicil thereto to be signed by the said Sarah Weymouth in the presence of and attested by the like number of witnesses direct or appoint and in default of such direction or appointment or in case any such shall be made not extending to the whole of such dividents interest and annual proceeds then it is my will and I do hereby direct that the said dividents interest and annual proceeds or so much thereof as shall not be appointed as aforesaid shall go & be divided between the said Edward Carter John Bonham Carter & Thomas Wren Carter equally share and share alike and their respective exors admors and assigns And it is my will and I do hereby declare that from and immediately after the decease of the said Sarah Weymouth my said residuary Personal estate so beque- athed to the said Edward Carter John Bonham Carter & Thomas Wren Carter as aforesaid shall be and remain vested in them equally share and share alike to & for their own proper use and benefit respectively I give and devise unto the said Edward Carter John Bonham Carter and Thomas Wren Carter their heirs exors admors and assigns All and singular the messuages lands tenements & heredits which at the time of my decease shall be vested in me upon any trust or by way of mortgage and which I have the power to dispose of by this my will with their rights members and appurtenances according to the nature and quality thereof re- spectively upon the several trusts which at the time of my decease shall be subsisting or capable of taking effect in the same respectively And I do hereby nominate and appoint the said Edward Carter John Bonham Carter & Thomas Wren Carter Executors of this my will And lastly I do hereby revoke and make void all former and other Wills by me at any time heretofore made and declare this only to be & contain my last Will and Testament In Testimony whereof I have to this my last Will and Testament contained in eight sheets of paper set my hand & seal that is to say my hand to the first seven sheets hereto annexed and my hand & seal hereto this first day of May in the year of our Lord one thousand eight hundred and thirty nine David Spicer LS Signed sealed published and declared by the said David Spicer the Testator as and for his last Will and Testament on the day of the date in the presence of us present at the same time who in his presence in the presence of each other and at his request have hereto sub- scribed our names as witnesses Wm Thompson Surgeon Southsea Portsmouth A Chamberlain S H Hamblyn, Clerks to Mr Howard Solicitor Portsea Proved at London 15th May 1840 before the Worshipful William Robinson Doctor of Laws and Surrogate by the Oaths of Edward Carter and John Bonham Carter Esquires two of the Executors to whom Admon was granted having been first sworn duly to administer Power reserved of making the like Grant to Thomas Wren Carter Esquire the other Executor when he shall apply for the same
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Last Modified: Tuesday, 15-Jul-2014 19:40:09 NDT