Source: TNA, PROB 11/1498
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This is the last Will and Testament of me Curtis Tito of Portsea in the County of Southampton Spinster Whereby I recommend my Soul to God and dispose of my Worldly Estate and Property in manner following (that is to say) First and Principally I will and direct that all my Just Debts Funeral Expences and the Charges of Proving this my Will shall be fully paid and satisfied by my Executors hereinafter named and Subject thereto I give and bequeath one full Moiety or half part of all and every my Monies in the Public Funds ready Money and Securities for Money and all other my Personal Estate Goods Chattels and Effects whatsoever and wheresoever and of what nature or kind or quality soever the same shall or may consist at the time of my decease unto my affectionate Nephew John Phippard of Portsea aforesaid Gentleman his Exors and Administrators to and for his and their own use and benefit and as to for and concerning the other and remaining Moiety or half part of my said Personal Estate Goods Chattels and Effects which I shal die possessed of I give and bequeath the same and every part thereof unto my good Friend Thomas Young Bird of Portsea aforesaid Esquire and my said Nephew John Phippard their Executors Administrators and Assigns In trust to sell dispose of collect receive and get in and convert the said last mentioned Moiety of my said Personal Estate and Effects into Money and to place out or invest the Money therefrom arising in or upon Government or real Securities at Interest and from time to time transfer vary and transpose such Securities and Funds as often as they shall think necessary and to stand and be possessed of the Money so to be placed out or invested and the Stocks Funds and Securities in or upon which the same shall be invested or placed out upon the Trusts following (that is to say) upon such Trusts and to and for such Intents and purposes and under and subject to such powers provisoes and Declarations as Ann Phippard the Wife of my Nephew Tito Phippard of Bishopsgate Street in the City of London Merchant notwithstanding her Coverture and whether she shall be sole or married by any Deed or Deeds Writing or Writings with or without power of revocation to be by her Signed Sealed and Delivered in the presence of and to be attested by two or more credible Witnesses shall direct or appoint and in default of and in the mean time until some such Direction or appointment shall be made and as to so much and such part or parts thereof whereof no such Directino or appointment shall happen to be made and also subject to any such Direction or appointment where the same shall happen not to be a compleat or intire appointment of the whole Interest and property therein In trust to pay the Interest Dividends and Annual Proceed thereof into the proper hands of the said Anna Phippard or to the hands of such person or persons as she by any Note or Writing under her hand shall from time to time but not by way of anticipation appoint to receive the same during her life to the interest that the same may be for the sole and separate use of the said Anna Phippard and may not be subject to the Debts Controul Disposition or Engagements of the said Tito Phippard her said Husband or any other person with whom shey may after his decease happen to Intermarry And I do hereby declare and direct that the Receipt or Receipts of the said Anna Phippard or of such Person or Persons as she shall appoint to receive the same and her or their Receipt or Receipts only shall be a good and sufficient Discharge and Discharges to the person or persons paying the same or so much thereof as in such Receipt or Receipts shall be acknowledged or Expressed to be received and from and after the decease of the said Anna Phippard upon such Trusts and to and for such Trusts Intents and purposes and under and subject to such powers provisoes and Declarations as the said Anna Phippard notwithstanding her Coverture and whether she be sole or married by her last Will and Testament ^ to be by her Signed and ^ in Writing or any Published in the presence of and to be attested by Writing purporting two or more credible Witnesses shall direct or to be her last Will appoint and in default of and in the mean time and Testament and until some such Direction or appointment shall be made and as to so much and such part or parts thereof whereof no such Direction or appointment shall happen to be made and also subject to such Direction or Appointment when the same shall happen not to be a compleat and intire appointment of the whole Interest and property therein In trust for such Person or Persons of the Blood and kindred of the said Anna Phippard Living at the time of her decease as would by virtue of the Statue of Distributions become intitled to her Personal Estate in case she were to die a Widow and Intestate and in the same Shares as he she or they would in that case become intitled to the same And I nominate constitute and appoint the said Thomas Young Bird and John Phippard Executors of this my Will and I declare and direct that my said Executors and Trustees shall not be answerable for one anothers Acts and by no means for involuntary Losses and that they shall be allowed and may retain to and reimburse themselves all their Costs Charges Damages and Expences to be occasioned by the due Execution of the Trusts hereby in them reposed And I hereby revoke all former Wills In Witness whereof I the said Curtis Tito the Testatrix have to this my last Will and Testament contained in this and the annexed Sheet of paper to each Sheet thereof set my hand and Seal this tenth Day of June in the year of our Lord One thousand Eight hundred and four Cutis Tito her mark LS Signed Sealed Published and Declared by the said Curtis Tito the Testatrix as and for her last will and Testament in the presence of us who in her presence at her request and in the presence of each other have subscribed our Names as Witnesses hereto G Stevens Ar Poulden This is a Codicil to be added to and taken as part of the last Will and Testament hereunto annexed of me Curtis Tito of Portsea in the County of Southamptson Spinster which bears Date the tenth Day of June One thousand Eight hundred and four Whereby I have given and bequeathed one moiety or half part of my Personal Estate and Effects unto my Nephew John Phippard his Executors and Administrators to and for his and their own use and benefit and the other or remaining Moiety or half part thereof I have given and bequeathed unto my good Friend Thomas Young Bird and my said Nephew John Phippard their Executors Administrators and Assigns upon such trusts as therein mentioned and did thereby appoint the said Thomas Young Bird and my said Nephew John Phippard Executors of my said Will and Whereas I am desirous of adding a third Trustee and Executor to the said two other Trustees and Executors And Whereas since making and Executing my said Will my Nephew Tito Phippard in my said Will named who then stood indebted to me in the Sum of Five hundred pounds or thereabout upon Bond has failed in Business by reason whereof I am desirous that the Dividend or Dividends Sum and Sums of Money to arise from his Estate and Effects and payable to me in respect of the said Five hundred pounds Debt shall upon my death be retained by my said Trustees and Executors out of my said Personal Estate and Effects for the purposes hereinafter expressed And I do hereby revoke the bequests contained in my said Will so far as respects the same and the Legacies hereinafter mentioned And I give and bequeath the Dividend or Dividends Sum and Sums of Money so as aforesaid arising from and be due or become due and payable to me from the Estate and Effects of my said Nephew the said Tito Phippard in respect of my said Debt of Five hundred Pounds unto my good Friend the said Thomas Young Bird and Peter Martin of Portsea aforesaid Esquire their Executors and administrators upon trust that they or the Survivor of them his Executors Administrators or Assigns do and shall as soon after my decease as conveniently may be purchase by and with such Dividend or Dividends Sum and Sums of Money an Annuity for the life of my said Nephew John Phippard for and in his Name and for his sole use and benefit in such way and manner as they the said Thomas Young Bird and Peter Martin or the Survivor of them his Executors or Administrators shall think most advantageous And I give and bequeath unto the said Thomas Young Bird the Sum of twenty pounds Sterling as a mark of my Esteem for him I likewise give and bequeath unto Sarah Stevens the Wife of George Stevens of Portsea aforesaid Cordwainer the Sum of ten pounds Sterling And I do hereby Nominate constitute and appoint the said Peter Martin together with my said two other Trustees and Executors in my said Will named Trustee and Executor of my said Will and in every other respect I do hereby ratify confirm and allow all and every bequest contained therein except the Alteration hereby made and I do hereby order and direct this Codicil and my said Will to be demed and taken together as my last Will and Testament In Witness whereof I the said Curtis Tito have hereunto set my hand and Seal this tenth Day of May in the Year of our Lord One thousand Eight hundred and Six Curtis Tito her Mark LS Signed Sealed Published and Declared by the said Curtis Tito the Testatrix as and for a Codicil to her last Will and Testament in the Presence of us who in her presence at her request and in the presence of each other have subscribed our Names as Witnesses hereto Ar Poulden Rd Coffin This Will was proved at London with a Codicil on the twentieth Day of May in the Year of our Lord One thousand Eight hundred and nine before the Right Honorable Sir John Nicholl Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of Thomas Young Bird Esquire and John Phippard the Executors named in the said Will to whom Administration was granted of all and singular the Goods Chattels and Credits of the Deceased they having been first sworn duly to Administer power reserved of making the like Grant to Peter Martin Esquire the Executor named in the said Codicil when he shall apply for the same
Last Modified: Sunday, 11-Aug-2013 14:48:43 NDT