transcription of the Will of William Swwatridge (PROB11/2238-21)
This is the last Will and Testament
of me William Swatridge the elder of Beaminster in the County if Dorset
late Baker. I give unto my dear wife Sarah Swatridge all my house-
hold goods and furniture plate linen and ? and all my wearing apparel.
I give to my son John Swatridge the sum of one hundred and fifty pounds.
I give all the residue of my moneys securities for money and personal
estate and effects unto my sons William Swatridge the younger and Richard
Swatridge all that my copyhold or customary tenement with the appurten-
ances situate in or near Fore Place in Beaminster aforesaid and within and par-
cel of the manor of Beaminster Prima now in the occupation of the said
Richard Swatridge, And all those my customary or copyhold cottages with
the appurtenances situate in or near Church Street in Beaminster aforesaid
and within and parcel of the manor of Beaminster Secunda now in the oc-
cupation of myself and John Cleal. And all other y customary or copy-
hold tenements lands or hereditaments situate within and parcels of the
said respective manors or either of them to hold the said tenements cottages
lands hereditaments and premises unto the said William Swatridge the
younger and Richard Swatridge for the term of their lives jointly and for
the term of the life of the survivor or longest liver of them and to their or
his assigns forever according to the customs of the said respective manors
under the yearly rents duties and services of right due and accustomed to
the Lords of the said respective manors for the same But upon the trusts
and for the purposes hereinafter expressed and declared concerning the
same And I hereby direct that the said William Swatridge the younger
and Richard Swatridge and the survivors of them and the executors adminis-
trators or assigns respectively of such survivor shall stand possessed of my
said residuary personal estate and of the said customary or copyhold tene-
ments cottages hereditaments and the premises upon trust to pay the dividends
interest rents profits and annual proceeds thereof respectively to to my said wife
or to permit her to receive and take the same during during her natural life And
from and after her decease upon trust to convert into money the whole of
my residuary personal estate not consisting of moneys or securities for mo-
ney and Upon trust either by public auction or by private contract and either
together or in parcels absolutely to sell and dispose of the said copyhold or
Customary hereditaments and premises with power to buy in the same or
any part thereof at any auction or auctions and to resell the same without
being answerable for any loss or diminution in price which may be oc-
casioned thereby and to surrender convey and assure the same when sold
unto and to the use of the purchaser or purchasers thereof and his her or
their assigns for ever or as he she or they shall direct according to the cust-
oms of the said respective manors And upon further trust to place out
or invest the moneys to arise from or which form part of my residuary
personal estate and also to place out or invest the clear moneys to arise
from such sale or sales of my said copyhold or customary hereditaments
at interest in the names or name of the said trustees or the trustees or this
too for the time being under this my Will Either on Government security
or on the security of lands tenements or hereditaments of any tebure of
adequate value in their or his estimation with power to alter vary and
transpose the said trust moneys from time to time for into or upon other
securities of the like nature at their or his dscretion And by and out
of the dividends interest and annual profits of the said trust moneys
and by and out of the rents and annual profits of the said copyhold or
customary hereditaments which may arise previously to the sale thereof
to pay to my daughter Sarah Lowe during her life an annuity or clear
yearly sum of twenty pounds to my daughter Jane Puddock wife of
George Puddock during her life and annuity or clear yearly sum of twenty
pounds and to my daughter Ann Hann wife of Samuel Hann during
her natural life and annuity or clear annual sum of twenty pounds the said
respective annuities to be paif by two equal half yearly payments the
first payment thereof to begin and to be made at the end of sic calendar
months next after the death of my said wife and the said annuities respective-
ly to be for the separate use of my said daughters respectively independently
of and free from the debts control or arguements of their present or and future
husbands and the receipts of my said daughters respectively shall be the only
effectual discharges for the same But they shall not have power to anti-
cipate or assign the said annuities Which are intended by me to form
unalienable provisions for my said daughters And I further direct that
in case the said interest dividends rents or annual proceeds shall be insuf-
ficient to pay the said annuities they shall abate proportionally during
any year or years in which such deficienccy may occur But such deficiency
shall be made good in the event of a surplus occurring in any subsequent
year or years while the said annuities respectively shall subsist But no
such deficiency shall be made good to the representattives of either of the
annuitants out of any surplus incomewhich may arise after her decease
And from and after the decease of the said Sarah Lowe Upon trust to
pay and transfer the sum of two hundred pounds part of the said
principal trust moneys unto her daughter Sarah Swatridge Lowe to
be a vested interest in her in her attaining the age of twenty one years
or marrying previously And from and after the decease of the said Jane
Puddock Upon trust to pay and transfer the sum of three hundred
pounds other part of the said principal trust moneys unto such child or
children of the said Jane Puddock as being a son or sons shall live to
attain the age or respective ages of twenty one years or die unattaining
that age leaving lawful issue of his or their body or respective bodies
living at his or their death or respective deaths or being a daughter or
daughters shall live to attain the age or respective ages of twenty one
years or be previously married the said sum of three hundred pounds
to be equally divided between or amongst such children if if more than one
share and share alike and if there shall be but one such child then
to such only child And after the decease of the said Ann Hann Upon
trust to pay and transfer the sum of two hundred pounds other part of
the said principal trust moneys unto such child or children of the said
Ann Hann as being a son or sons sahll live to attain the age or
respective ages of twenty one years or die unattaining that age leaving
lawful issue of his or their body or respective bodies living at his or their
death or respective deaths or being daughter or daughters shall live to
attain the age or respective ages of twenty one years or be previously
married the said sum of two hundred pounds to be equally divided be-
tween or amongst such children if more than one and if but one such
child then to such only chiild And after making the several payments
aforesaid I direct that the said trustees or trustee shall stand possessed of
the residue of the said trust moneys and also of any portion or portions
of the said trust moneys which may fail o become vested in any of the
persons in whose favor the trusts thereof are hereinbefore declared and
which shall not have been advanced in pursuance of the power or
authority hereinafter expressed Upon trust for the said Willaim Swatridge
the younger Richard Swatridge and John Swatridge equally to be di-
vided between them as tenant in common and for the respective exec-
cutors adminstrators and assigns Provided always and I further direct
and declare that it shallbe lawful for the said trustees or trustee for the
time being to advance and pay for or towards the maintenance educa-
tion advancement or benefit of any infant presumptively thought not
vestedly entitled to any portion of the said trust moneys under the trusts
aforesaid after the decease of the mother of such infant all or any part
of his or her presumptive share or portion of the said moneys Provided
also and I do further direct and declare that it shall be lawful for the
said trustees or trustee to postpone the sale of the said hereditaments and
premises or any part thereof for such ime during the existance of any or
either of my said dausghters as the said trustees or trustee shall think
proper and to demise or lease the same for any term not exceeding seven
years at the best rent or rents that can be reasonably obtained for the
same And that the rents and profits of the said hereditaments and
premises in the meantime shall be payable and applicable in like
manner as the interest and proceeds of the said trust moneys would
have been if the said sale had taken palce And if either of the said
sums hereinbefore provided as portions for my Grandchildren or any
part thereof shall become vested and payable before the same shall
have been raised by such sale as aforesaid or otherwise the same should
bear interest from the time which the same shall become payable
at the rate of four pounds per centum per annum Provided also and
I do further direct and declare that it shall be lawful for the said
Richard Swatridge to purchase the said tenement and premises now
in his occupation at any price not less than seven hundred pounds
And that on his paying the purchase money for the same to the trust
account his Co-trustee shall release him the said tenement and pre-
mises now in his occupation And further that while the said Rich-
ard Swatridge shall continue to occupy the said premises now in
his occupation he shall pay to the said trust account the rent of forty
pounds per annum for the same by two equal half yearly payments
at Michaelmas and Lady day And that his Co=trustee shall have
power to distrain on the said premises for the said rent if in arrear
Provided also and I do further direct and declare that the receipts of the
said trustees or trustee for the time being shall be effectual discharges
for the rents and profits of the said hereditaments and premises and
for the moneys to arise fro the sale thereof and shall exonerate the
tenants purchasers or other persons paying the same from all liabil-
ity of ..ing to the application and responsibility for the misapplica-
tion or nonapplication thereof And that the said trustees shall not
be answerable or accountable for more money than shall actually
come to his or their hands by virtue of the trusts aforesaid nor for
any loss or misfortune which may happen of or to the said trust
moneys or trust estate by reason of the fauliyre of any Banker or other
person with whom the same moneys may be deposited for safe custody
or defect of any security or securities in or upon which the same may be
placed out or invested or by any other means not happening or being
occasioned by or through his or their wilful neglect or default And that
the said trustees shall not be answerable or accountable for such other
notwithstanding their giving or ....ing in any receipt for the sake of
conformity but each of them for his own acts receipts neglects and de-
faults only And that it shall ne lawful for them to retain and al-
low to each other out of the said trust moneys their costs and expenses
in the execution of the said trust moneys or in anywise incident thereto And
I appoint the said William Swatridge the younger and Richard
Swatridge Executors of this my Will And I give and devise unto the
said William Swatridge the younger and Richard Swatridge their
heirs executors administrators and assigns All messuages landstenements
and hereditaments (including copyhold) which may have been conveyed
or surrendered to me or to my use or which at the time of my decease
may be vested in me or to which I may be in any manner entitled as
trustee or mortgagee Upon the trusts nevertheless and subject to the equity
or redemption incident to the same respectively And I direct that the
moneys which may be due to me as such mortgagee shall be considered
and administered as part of my personal estate In wutness whereof I have
to each sheet of this my Will contained in five sheets of paper set my hand
this sixth day of March in the year of our Lord one thousand eight
hundred and fifty one - William Swatridge - Signed pub-
lished and declared by the above named testator William Swatridge the
elder as and for his last Will and Testament in the presence ofus who at
his request and in his presence and in the presence of each other have sub-
scribed our names as witnesses the words 'to pay' in the second
sheet having nedd first interlined and the word 'two' having been
twice obliterated and the word 'three' twice interlined in the third sheet
previously to the execution hereof = Peter Cox - Jas Warden