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Will of John Tilsed formerly of Newfoundland and now of Wimborne (1747 - 1834)

February 15th, 2017 (11:47 pm)

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This is the last will and testament of me John Tilsed formerly of Shoe Cove near Cape John in the Island of Newfoundland Planter but now of Wimborne Minster in the County of Dorset Gentleman.



I give and bequeath all my wearing apparel unto my grandson John Harris of Pythouse in the parish of Christchurch and County of Southampton and George Lambert of Longham in the same County to be divided between them as my Executors hereafter named shall think proper.

I give and bequeath unto my granddaughter Eliza Harris my best bed.

I give and bequeath my other bed to Caroline Lambert daughter of George Lambert.

My bed furniture and bedding I will and direct shall be equally divided by my said Executors between the said Eliza Harris and Caroline Lambert.

I give and bequeath unto my grandson Anthony Harris son of Aaron Harris of Pythouse aforesaid my silver Watch Chain and Seals.

I direct my said executors to divide my plate into eight equal lots to be numbered from one to eight and I bequeath seven lots to the seven children of the said Aaron Harris who each of them or the executors for them shall draw a lot by way of Ballot and the remaining lots (sic) I bequeath to Caroline Lambert.

I bequeath to Mary Sterrick my ?Dust? bed and coverlid.

I give and bequeath to the said John Harris and John South Miller of the Town and County of Poole ??Grocer?? all the rest residue and remainder of my personal estate mortgages stocks funds monies and securities for account and effects whatsoever and wheresoever and of what nature of kind soever

upon Trust that they the said John Harris and John South Miller and the survivor of them and the executors administrators and assigns of such survivor do and shall with all convenient speed after my decease

sell dispose of and convert into money so much thereof as shall be in its nature saleable and collect get in and receive the ?residue? thereof

and I do hereby declare that the receipt or receipts of the said John Harris and John Smith Miller and the survivor of them and the executors administrators and assigns of such survivor for any money payable to them in xxxx under this my will shall effectually discharge the person or persons paying the same who shall not be answerable or accountable for the misapplication or nonapplication thereof or of any part thereof then upon Trust

and I do hereby direct the said John Harris and John South Miller and the survivor of them or the executors administrators or assigns of such survivors with and out of the said monies to pay satisfy and discharge all my just debts funeral and testamentary expenses and in the next place to pay the legacies following that is to say

To George Lambert of Longham in the County of Dorset the sum of fifty pounds

To Caroline Lambert daughter of the said George Lambert the sum of fifty pounds

To my granddaughter Eliza Harris the sum of twenty pounds and to John Vey of Wimborne Minster aforesaid the sum of ?nineteen? guineas

And I direct the said legacies to be paid within twelve calendar months next after my decease subject as hereinafter mentioned and I do hereby declare that the legacy so given to the said John Vey is not to be considered as discharging him from the payment to my said Executors of the debt or sum of fifty pounds which he owes me on his promissory note or some other security or any part thereof

provided always and my will and desire is that if any or other of them the said George Lambert Caroline Lambert and Eliza Harris shall not at my death have attained the age of twenty one years then and in that case my executors herein after named shall pay and apply the interest of their respective legacy or legacies (if my estate will allow of any such) unto such legatee or legatees respectively until they shall respectively attain such age of twenty one years

and upon further trust to pay to the said Mary Sterrick and her assigns during her life the sum of three shillings weekly and it is my will that a sum be invested in the funds or on mortgage of freehold or leasehold property the interest of which shall be sufficient to pay the said weekly sum to the said Mary Sterrick and her assigns during her life as aforesaid

and it is my express mind and will that in case there shall not be money enough remaining after ?paying? the several legacies aforesaid to produce on interest or otherwise sufficient to pay and satisfy the said weekly sum of three shillings to the said Mary Sterrick that then it shall be wholly in the discretion of my executors and they are hereby fully authorised to do without being in any manner accountable to the said legatees for so doing to abate or suspend payment of the xxxx of the said legacies until the death of the said Mary Sterrick it being my desire that none of the principal monies shall be expended for the purpose

and as to all the rest residue and remainder of my real and personal estate and effects whatsoever and wheresoever and of what nature or kind soever after answering the several aforesaid purposes in full I give and bequeath the same and every part thereof unto the said John Harris his heirs executors administrators and assigns according to the nature and quality of the same respectively to and for his own absolute use and benefit

provided always and I do hereby further declare that the said John Harris and John South Miller and each of them and the heirs executors administrators and assigns of them and each of them shall be charged and chargeable respectively for such Monies only as they shall respectively actually receive by virtue of the trusts hereby in them ?reposed? notwithstanding their or either of their giving or signing or joining in giving or signing any receipt or receipts for the sake of conformity and one of them shall not be answerable or accountable for the others or other or for involuntary losses and also that it shall and may be lawful for them with and out of the monies that shall come to their respective hands by virtue of the trusts aforesaid to retain to and reimburse themselves respectively all costs charges damages and expenses which they or either of them shall or may suffer sustain expend disburse be at or be put unto in or about the execution of the aforesaid trusts or in relation thereto

And lastly I do hereby nominate constitute and appoint the said John Harris and John Smith Miller Executors of this my will hereby revoking and making void all former wills and codicils by me at any time heretofore made and declare this to be my last will and testament in witness whereto I the said John Tilsed the testator have to this my last will and testament contained in this and the three preceding sheets of paper set my hand and seal (to wit my hand to and at the bottom of each of the said three sheets and my hand and seal to this last sheet this twenty eighth day of February one thousand eight hundred and thirty one

The mark and seal of John Tilsed LS

The writing contained in this and the three preceding sheets of paper was signed and sealed by the above named John Tilsed and by him published and declared as and for this last will and testament in the presence of us who have hereunto subscribed our names in his presence and in the presence of each other the same having been first read over to the said testator who seemed perfectly to understand the same.

Henry Brodribb,  Saml C. Scott,  John Thorn
clerks to Messrs Durrant & Welch Solicitors Poole.


Codicil 17th March 1831:

Whereas I John Tilsed formerly of Shoe Cove near Cape John in the Island of Newfoundland but now of Wimborne Minster in the Country of Dorset Gentleman have made and duly executed my last will and testament bearing date on or about the twenty eight day of February one thousand eight hundred and thirty one now I do hereby declare this present writing to be a codicil to my will and I direct the same to be annexed thereto and taken as part thereof

whereas in and by my said will I have given to George Lambert of Longham in the country of Dorset the sum of fifty pounds payable as therein mentioned now I do hereby give and bequeath unto the said George Lambert the further sum of fifty pounds in addition to the said sum of fifty pounds already given by my said will to be paid and payable and subject in such and the like manner as is in and by my said will directed in respect of the said sum of fifty pounds thereby given him

and I do hereby ratify and confirm my said will in all other respects in witness whereof I the said John Tilsed have to this codicil set my hand and seal this seventeenth day of March one thousand eight hundred and thirty one

The mark and seal of John Tilsed LS

Signed sealed and published by the said John Tilsed as and for a codicil to be added to and be considered as part of his last will and testament in the presence of us who have subscribed our names in his presence.

Henry Brodribb, W.C. Fincham, Saml C Scott
clerks to Messrs Durrant and Welch Solicitors Poole.

Proved at London with a codicil 30th April 1835 before the Judge by the oaths of John Harris the Grandson and John South Miller the executors to whom administration was granted having been first sworn by ?common? duty to administer.



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