Weymouth & Melcombe Regis

THIS IS THE LAST WILL AND TESTAMENT of me Samuel Weston of Weymouth and Melcombe Regis in the County of Dorset Merchant that is to say first whereas I am seized or possessed or well entitled in possession unto a Messuage and Garden and sundry Closes plots or parts of ground lands habitumonts? and So******** cuts situate lying and being in the parishes of Wyke Regis and Chickerell or out of them in the said county of Dorset part whereof is copyhold of inhabitance part is freehold and the other part thereof lets for one occupier long term by terms of years /

Now hereby give divide and bequeath all and singular my said Closes plots or parts of ground Messuage and garden lands covenants and dividends with the opportunities thereunto responity belonging of whatsoever nature or tenure the same be into and to the use of all and only my children both them already born and those that shall hereinafter be born and their heirs executors advisors and assigned on respectively according to the nature and tenure of the said several premises cooperatively as tenants in common and not as joint tenants /

and it is my will and instaning that if any or either of my said children being a son or sons shall die before his or their respective attainment of the age of twenty one years or being a daughter or daughters shall die before her or their respective attainment of the age of twenty one years or their marriage under that age with the consent of the guardian hereinafter named then the share or shares both original and arriving by survivors of such child or children of and in my said Messuage and Garden closes houses lands ******** ********* and premises shall go and belong unto the others and survivors of my said children equally between and amongst them if more than one as tenants on common and their respective heirs executors advisors and assigns which said share or shares shall be again subject on the like continuing to go and divide in like manner to and upon the survivors and survivor of my said children equally between and amongst them if more than one as tenants on common and their ****** heirs executors administrators and assigns respectively /

and I hereby ****** divide and declare that my trustees and executors hereinafter names shall make a division and partition of the said premises to and amongst my said children as soon as they seem it convenient so to do and so far as it may be practicable and shall and may make an allowance in money out of my residual personal estate to any one or more of my said children towards and equivalent for an inadequate or unequal share or allotment of and in the said premises if they my said Trustees and executors shall from time to time and at any time or times by any deed or deeds instrumentor or instrument in w****ing allot award divide or appoint to and amongst my said children or any of them according to the process and provision aforesaid all or any of the said premises then that such premises as allotted or awarded shall from then forth be held by such children or child to whom the same shall be as allotted awarded divided or appointed accordingly in perpetuity and of the same had before separately and **** divided to him her or them by this my will and or as if upon a partition or division by process of law that the same be allotted as assigned unto him her or them but subject nevertheless to the care and benefit by survivorship hereinbefore [illegible] contained concerning the said premises and it be my will and ****ing that if any primary equivalent shall be made or given by virtue of the power of the aforesaid unto any one or more of my said children the same shall be occurred personal estate to the child or children taking the same and shall go in all respects as such child or childrens share in my residuary personal estate /

also I give and divide unto and for the use of all surviving my children both those already born and those that shall hereafter be born equally and amongst them and their respective heirs and assigns as tenants in common and not as joint tenants all that of my undivided fourth part of two messuages ****** or dwelling houses one whereof is situate in front in Hope Street within the borough and town of Weymouth and Melcombe Regis aforesaid and was herebefore occupied by Elizabeth Loder but is now or lately was occupied by John Miller and the other lying behind and adjoining to the first mentioned messuage late in the occupation of Robert Bellamy but now occupied together with the opp**** tenants belonging subject nevertheless to a lease granted thereof to Elizabeth Ford widow for a time of three thousand years under the yearly received rent of two pounds for the **** **** of the two said messuage /

also all that my undivided fourth part of another messuage tenement or dwelling house situate in Hope Street aforesaid within the said borough and town adjoining at the north to the two messuage tenements last above mentioned and now or lately occupied by Thomas Talbot with the opportunities subject nevertheless to the lease granted thereof for a term of one thousand years to the said Elizabeth Ford under the yearly received [illegible] for the whole of the said last mentioned messuage / also all that [illegible] undivided [illegible] of a messuage or dwelling house situate in Hope street aforesaid within the borough and town aforesaid and now in the occupation of John Harbine? Subject nevertheless to a lease granted thereof for a term of one thousand years to Thomas Isleworth unto the yearly allocated rent of sixpence /

also all that stable or tenement situate in New Street within the borough and town of Melcombe Regis aforesaid bounded on the south by sands now or late of William Salter being built on a late void piece of ground granted by John Burfitt the former proprietor for a term of ninety-nine years under the yearly received rent of two shillings and sixpence to Daniel Lucas and now in his occupation /

also all that coach house or tenement situate in new Street aforesaid within the said borough and town bounded on the south by the stable last mentioned being built on another piece of void ground granted by the said John Burfitt for another term of ninety-nine years under another yearly received rent of two shillings and sixpence to the said Daniel Lucas and now in his occupation /

also that messuage or tenement situate in New Street aforesaid within the said borough and town now or lately occupied by Sarah Morgan having a way or open passage on the north side thereof together with all parts of thereunto belonging subject nonetheless to a lease granted thereof to Robert Vinning for the term of three thousand years under the yearly rent of one shilling /

also all that other messuage with the opposite situate in the said street called New Street within the said borough and town usually or lately occupied by Sarah Jenkins living the said way or open passage on the southside thereof subject nevertheless to a lease granted thereof to the said Robert Vinning for the term of three thousand years under the yearly rent of one shilling /

also all that other messuage or tenement situate close to the said street called New street within the borough and town now and lately occupied by James Snoop subject nevertheless to a lease granted thereof to John Jenkins **** **** for the term of one thousand years under the yearly rent of one shilling /

also close to the said street called New Street within the said borough and town adjoining to and the eastward of the last mentioned messuage now or lately occupied by John Tizard subject nevertheless to a lease granted thereof to the said John Jenkins for the term of one thousand years under the yearly rent of one shilling /

and also all that other messuage or tenement with the oppurt**** situate in the said street called New Street within the said borough and town and to the eastward of and adjoining to the last mentioned messuage now and lately occupied by John Jenkins for the term of one thousand years under the yearly rent of one shilling /

and also all that stable or tenement situate in the said street called New Street within the said borough and town and bounded on the south by the Coach house before mentioned being built on another piece of ground granted by the said John Burfitt **** another yearly received rent of two shillings and sixpence to the said Daniel Lucas and now in his occupation /

all that my undivided m***y of all that my Messuage or dwelling house situate in or near Hope Street aforesaid within the said borough and town and now or late in the occupation of the said Thomas Isleworth subject nevertheless to an agreement made with the said Thomas Isleworth for granting to him a lease thereof for the term of one thousand years under the yearly rent of sixpence /

and also all those dwelling houses several ****** rents or sums of six shillings and four pounds sixteen shillings, twelve shillings, thirteen shillings and [illegible] nineteen shillings, thirteen shillings and sixpence, nine shillings, fifteen shillings, fifteen shillings, sixteen shillings and sixpence, eighteen shillings, thirteen shillings, fourteen shillings, fourteen shillings twelve shillings and sixpence, nine shillings, fourteen shillings and two pence half penny and three shillings yearly /

I [illegible] for ever out of said messuages lands and tenements lying and being within the said town and borough of Weymouth and Melcombe Regis by virtue of the several acts of parliament made and passed for the transaction and sale of the said East? Ground or our of them /

and it is my will and meaning that if any ****** of my said children being a son or sons shall die before her or hers or their respective attainment of the age of twenty one years or being a daughter or daughters shall die before her or their respective attainment of the age of twenty one years or her or their marriage under that age with the consent of their guardian hereinafter named then the share or shares both original and arriving by survivorship of such child or children of age in the said messuages coach house stables tenements and ****** and certain rents last hereinbefore devised shall go and belong unto the others and survivors of my said children equally between and amongst them if more than one as tenants in common and their respective heirs and assigns /

Also I give divide and bequeath all that my dwelling house situate situate in St Mary Street Melcombe Regis aforesaid now in my occupation together with the garden or yard offices and apartments thereunto belonging **** nevertheless thereof the ***ploying house and timber yard adjoining thereto with the late house and stables in the said timber yard /

unto my dear wife and her assigns for and during so much and such part of my term ** estate and interest therein as shall come out and expire in her lifetime / and I also give unto my said wife during her life use and enjoyment of all and singular my ****** goods furniture household implements plates china glass linen pictures and printed books which shall be in about and belonging to my said dwellinghouse at the time of my decease / also I give and bequeath unto my said wife the sum of one hundred pounds to be paid within one month after my decease and also my store of wines and spirituous liquors /

also I give and bequeath all that my warehouse with the wine vaults and tenements therewith those of which are now or lately now occupied by Richard Brown Thomas Bugler and James Tizard respectively and the other tenement is now void situate in or near Governors Lane in Weymouth and Melcombe Regis aforesaid with the opportunities and also my thirty nine shares and one half in eighty of and in the incorporated joint concern and establishment called the Weymouth waterworks with the buildings ****** aqueduct effects and opportunities thereinto belonging and also all other and singular my messuages lands tenements and habitments whatsoever nature or tenure and whatsoever situate and being and also all my [illegible] and all other [illegible] and residue of my chattels effects and estate whatsoever unto my said wife and my friend Mr Charles Bowles and their executors administrators and assigns upon trust nevertheless and to for and upon the several trusts intents and purposes therein after **** continuing the same that is to say interest that my said dear wife and her assigns as aus**** out of the interest dividends profits and income there of have and survive during her life such as quarterly or yearly sum as together with the aforesaid interests dividends and income which my said wife is or shall or may become [illegible] unto and receive in her own right as her separate estate or to her separate use will make up the yearly sum of two hundred and fifty pounds [illegible] whatsoever which ******* gives I will shall be paid and payable by equal quality payments and shall continue and take place from the day exclusive of the day of my decease / and it is my interest and yearning that the same shall be and be att*ted as and in her care and full satisfaction of all dower? /

And this which by common or other same or custom my said wife would otherwise have or claim or be entitled unto of in or out of all or any of my said messuages lands tenements h**dements estate and effects and subject to the said annuity in trust to sell dispose of and convert into money and to grant convey lease assign surrender and bequeathed unto them the said trustees and any part or parts thereof as shall not consist of any worth or money invested in the public works funds or [illegible] other together or in parts and by public auction or private sale and without the majority of any or other of my said children consenting to or concurring in such sale or sales and at such time or times and in such other manner as to my said trustees or the survivors of them on the or the executors or administers of such survivors shall in their judgement appear most fit and proper and further in trust to pay and apply in the first place there out such sum or sums of money as shall be necessary for an equivalent to any one or more of my said children in respect of his her or their share or shares in my messuage garden lands tenements and Habitments in Wyke Regis and Chickerell aforesaid as hereinafter mentioned and further in trust to pay apply and transfer the monies arising from such sale or sales and also such part of my residuary estate and effects as shall already consist of ready money or money invested in the public works funds or s***** or in real s***** and also to country house assign survivors assure and dispose of such part or parts of my said residuary and other estate and effects as shall not be sold and disposed of by virtue and in execution of the trust aforesaid unto and equally between all and every my children if more than one or unto one only child who bring a son or sons shall have attained or shall live to attain the age of twenty one years or bring a daughter or daughters shall have attained that age or been married under that age with the consent of their guardian hereinafter named /

and in the mean time until such their respective attainment or marriage in trust to pay and apply the interest dividends profits and income of the respective shares fit ****** of any said children unto and towards the maintenance support and education of such of them as shall not have so acquired or matters and upon this further trust to advance or disburse any part of the principal or capital of any of my said childrens shares in my said residuary estate and effects or towards the promotion or putting out of such child to any employment business or profession before his or her attainment of the age of twenty one years if my said trustees or the survivors of them shall think it fit and prudent so to as but it is my will and meaning that in making the division of my said residuary estate amongst my said children there shall be taken into the account and charges against the share of my sons William Willis Weston and James Willis Weston the sum of three hundred pounds a piece having already advanced more than that amount to my said two sons and in order to facilitate the sale and disposal of any part of my estate and effects to divide and bequeath in trust as aforesaid /

it is my will and meaning that it shall be careful? For the said trustees and the survivors of ***** any deed or deeds instalment or investment in writing only ****ed to charge the said annuity so bequeathed to my said wife for her life upon any part of my said estate and before charged therewith which ma be adequate thereto in it discharge and ***** of the other part and parts thereof which shall be from thereinforth wholly executed therefore and further it is my will that the receipt or receipts of the said trustees or the survivors of them his or her executors or administrators for all or any part of the purchase moneys of the said estate and effects that may be sold and disposed of according to and execution of the purchase and purchases thereof for so much as shall be hereby expressed to the survivor who shall not in any manner be bound to see to the application nor be answerable for the unapplication or usuapplication thereof /

and I hereby authorize and empower the said trustees and the survivors of them and the executors and admin*** of such survivors during the minority and minorities of my said children to let set and divide limit direct or appropriate all or any part of my r*hold copyhold customary and leasehold messuages lands tenements and habitments hereinbefore divided either by deed or pas*** surmise for any term or number of years not arising taking seven years to take effect in possession or within their Mothers form the time of making such lease deed or demise and to [illegible] rent and without fine or premium and [illegible] to call in all or any of my deeds whether due on messuage or otherwise if they shall think proper to so and at such time or times as to them the said trustees or the survivors of them shall see fit or necessary likewise to co**pound for any debt or debts owing unto me and to settle all unliquidated accounts and to submit either or all of them to arbitration and to lay out and most all my residuary personal estate and also all the purchases monies aforesaid which shall from time to time come to their hands in or upon good *** governmental parliamentary or public servity or servitude and to change alter and vary the same form time to time for any other such ser***** Ser**** as aforesaid when they shall consider it proper so to do / also I declare it to be my will and meaning that in case any or either of my children shall happen to die in my life time leaving any child or children lawfully begotten who shall be living at my demise that such my grandchild or grandchildren shall stand in the place of theirs his or her deceased parent and shall have and be entitled unto such and the same estate monies effects and benefit as are hereinbefore given devised or allotted to such parent but with under and subject to such and the like powers considerations limitations and virtuous in all respects and to be vested payable or transferable at such or the like ages **** or periods of time as the said estate monies effects and benefit are given devised or allotted to their his or her said parent by this my will and do if such grandchild or grandchildren had both named therein **** of such his hers or their parent and further it is my will and meaning that it shall be lawful for the trustees hereinbefore named to consider retain and reimburse to themselves [illegible] and to pay or allow to his or her co-trustee all such costs charges [illegible] and damages as they shall respectively be at or put into in the administration of all or any of the trusts or purposes contained or expressed in this my will and that they shall not be answerable or accountable for any misfortune or loss that may happen to the said trust estate or any part thereof nor for the ineffective [illegible] or any fund bank banker gr*er or agent with whom or in which any money thereof may be deposited or invested unless the same shall happen by or through their his or her wilful neglect or default /

and I appoint my said wife guardian of my said children during their respective minorities and I appoint my said wife and the said Charles Bowles executors of this my will and hereby revoking all former wills and **** declare this to be my last will and testament in witness whereof I have to the six first sheets of this my will contained in seven sheets of paper set my hand and to this seventh and last sheet my hand and seal / the twenty fourth day of Nov er in the year of our lord one thousand eight hundred and fifteen /--/ Saml Weston Esq signed sealed published and declared by the said Samuel Weston as and for his last will and testament /

an erasure being first made providing the word executors in the twenty sixth line and another erasure being first made providing the word upon in the following line of the fourth sheet also an erasure being first made providing the word executors in the seventh line of the fifth sheet and the word named being first interlined between the twenty fifth and twenty sixth lines of the sixth sheet also the interlineation between the fifteenth lines of the fourth sheet beginning with the word died and ending with the word liquors and also the interlineation between the first and second lines of this sheet beginning with the word and ending with the word [illegible] being first made in the presence of us who in his presence at his request and in the presence of each other subscribed our names hereto as witnesses /--/ W Barrett /--/ Wm Richards /--/ Wm Eliott /--/

Proved

at London 27 th Nov 1817 before the judges by the oaths of Mary Weston widow the *** and Charles Bowles Esq the executors to who, administration was granted having been first sworn by commission solely to administer