Will of George Hayter Crickmay of Melcombe Regis
Paragraphs and puctuation have been added for the sake of clarity
Transcribed by Chris Elsden to whom many thanks
This is the last Will and Testament of me George Hayter Crickmay , of Melcombe Regis in the County of Dorset, Surveyor and Potter
In the first place, I direct all my just debts, funeral and testamentary expences, be fully paid and satisfied by my Executor hereinafter named, out of my estate as soon as conveniently may be after my decease. I give devise and bequeath unto my Executor hereinafter named All that my messuage or dwellinghouse in which I reside situate in Saint Thomas Street in Melcombe Regis aforesaid. Also all that my piece, or parcel of land, situate in the Parish of West Chickerell in the said County of Dorset, together with the cottages, kilns, sheds, machinery, implements, plant, utensils erected thereon and used as a Pottery together with the business carried on there. And all my household goods, furniture, plate, linen, china stock in trade, book and other debts, and all other my estate and effects And all and singular the rest, residue and remainder of my real and personal estate, and effects of what nature or kind soever, not hereinbefore disposed of ,whether in possession, reversion or remainder, and over which I have any power of disposition or appointment, with their several rights, members and appurtenances. To hold the same real and personal estate and effects respectively unto, and to the use of, my said Executor hereinafter named, his heirs, executors ,administrators, and assigns respectively according to the several and respective nature and tenures thereof, but upon and for the trusts, intents and purposes following
that is to say: Upon trust for the benefit and support of my Wife for and during the term of her natural life (in case she shall so long continue my Widow) and the support and maintenance and education of my children
And from and after her decease, or from and after her marrying again, as the case may be, then I give devise and bequeath the same and every part thereof for, and towards the support, maintenance and education of my children until the youngest of my said children shall attain the age of twenty one years; then I give devise and bequeath the same, and every part thereof unto m y said Executor, his executors, administrators and assigns, Upon trust, with all convenient speed, to sell and dispose of all and every part of my real and personal estate and effects the proceeds thereof together with all the rest residue and remainder of my real and personal estate and effects.
I give and bequeath the same, and every part thereof, among the whole of my children that may be living at the time the youngest may attain the age of twenty one years in equal shares and proportions as tenants in common.
And it is my will and I direct that if my said business at West Chickerell as a Potter be continued and carried on and my son Charles Hayter Crickmay should continue to superintend and apply himself to the management of the same That on his attaining the age of twenty one years he shall take one fourth part or quarter share of and in the said business by and with the consent of my said Executor and one fourth part or quarter share of the profits thereof for his own use and benefit provided he shall superintend in his own person the controul and management of the same for the benefit of the estate but not otherwise
And I hereby direct and empower my said Executor, hereinafter named, with the consent first had and obtained of my said Wife during her life, or so long as she may continue my Widow, to sell and dispose of any of my houses, lands, buildings, tenements and hereditaments, with the appurtenances, and all other my estate and effects, either together, or in parcels, and either by public auction, or private contract ,or partly by public auction and partly by private contract or for such price or prices, and under and subject to such conditions, terms, and stipulations as to him shall seem fit and expeditious, with full liberty for him to buy in the same or any part thereof at any auction, And also to rescind or alter any contract that may be entered into, and to resell by any of the means aforesaid such part thereof as may be so bought in, or the contract for the sale thereof may be so rescinded as aforesaid, and to convey and assure the same unto the purchaser, or respective purchasers thereof, or as he, or they, shall or may direct, and enter into, make do and execute all such covenants conveyances and assurances as may be necessary for effectuating all or any of the purposes aforesaid, and lay out and invest the money to be received as aforesaid and all other sums of money that may come into his or their hands, in his or their names, in the parliamentary stocks or public funds of Great Britain, or at interest on government or real securities in England or Wales, and to alter, vary and transfer the same for or into other stocks, funds or securities when and so often as he shall think fit, Upon trust to pay the interest dividends and annual produce of the said trust moneys and the interest rents issues and profits thereof to my said Wife for and during the term of her natural life (if she shall so long continue my widow) and from and after her decease, or marrying again, Upon trust for the support maintenance and education of my said children
And I do hereby declare that the receipt or receipts of my said Executor, and of the executors, administrators and assigns, shall be an effectual release and discharge for any sum, or sums, of money which shall become payable to them or him under or by virtue of the trusts aforesaid, to any person or persons paying the same for so much money or in such receipt or receipts shall be expressed to be received, and after such receipt or receipts, such person or persons their or any of their executors or administrators shall not be obliged to see to the application of such monies, nor be answerable or accountable for any loss ,misapplication or nonapplication thereof or of any part thereof. And I do hereby direct that if my said trustee under this my Will should see fit and expedient to appoint any other person or persons to be a trustee or trustees of this my Will, he shall be at liberty to do so, by deed or writing, by and with the consent of my Wife during her life or widowhood, first had and obtained. Whereupon I declare that they and he shall have the same estate and interest in and right and power over my said trust estates and property as if they or he had been appointed by me by this my Will instead of the person whom I have hereby appointed
And I also will and direct that no trustee under this my Will shall be answerable for the other, or others of them for any sum or sums of money which may come to their or either of their hands, nor either trustee, for any but wilful neglect, loss or default, and that every trustee may retain and pay to himself or co-trustees and co-trustee out of this trust property all costs and expences And I hereby appoint my Son George Rackstrow Crickmay sole Executor in trust of this my Will
and lastly hereby revoking all other Wills by me made, I declare this only to be my last Will. In witness whereof I have to this my said last Will contained in this, and the two preceding sheets of paper, set my hand this nineteenth day of November one thousand eight hundred and fifty six
G H CrickmaySigned published and declared by the said Testator George Hayter Crickmay as and for his last Will in the presence of us who at her request in his presence and in the presence of each other (both of us as well as the Testator being all present at the same time) have subscribed our names as Witnesses
Proved at London 25th July 1857 before the Judge by the Oath of George Rackstrow Crickmay the Son the sole Executor to whom Admon was granted having been first sworn by Commission duly to administer.
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