Derek and Mary's Family Web Site

The Will of John Doswell of Saint Bartholomew Hyde, Winchester

In the Name of God Amen I John Doswell of the parish of Saint Bartholemew Hyde in the County of Southampton Butcher do Make and ordain this my last will and testament in manner following that is to say first I give and devise unto and to the use of William Earle of the parish of Saint Peter Cheesehill near Winchester a merchant Benjamin Nevill of Chilland in the said County Yeoman and Richard Henry Lloyd of the said City of Winchester Grocer their heirs and assigns all that my freehold messuage or tenement in which I now live situate in the said parish of Saint Bartholemew Hyde together with the Shop Outhouses Stable Garden Hereditaments and Premises with the appurtenants upon the Trusts nevertheless hereinafter declared of and concerning the same that is to say upon trust therein to carry on the Business and Trade of a Butcher to and for the Benefit of all my Children until my son John shall attain the age of twenty five years and when and as soon as my said Son John shall have attained that age of twenty five years then to permit and suffer my said Son John to take to the said Business and to carry on the same on his own account and for his own use of it and advantage and upon this further Trust That they my said Trustees and the Survivors and Survivor of them shall and do when and as soon as my said Son John shall have attained the age of twenty five years convey and assure all that my said freehold Messuage or Tenement Shop Outhouses Stable Gardens and Premises unto my said Son John his heirs and assigns for ever and my Will is that my said Son John shall then be permitted to occupy or rent the meadows or pieces of land adjoining the Church Yard in the said parish of Saint Bartholomew Hyde now in my own occupation at such rent and upon such terms as to my said Trustees shall seem reasonable nevertheless my will is that my said son John shall on any particular account be considered by my said Trustees as unfit or incapable of undertaking and carrying on such Business or Trade then in such case they my said Trustees may at their discretion convey all that my said freehold messuage Shop and Premises unto my Son Henry his heirs and assigns and permit and suffer my said Son Henry to take and carry on the said Business for his my said Son Henry's own benefit and to rent the said meadows and it is my desire that my said Son Henry may be brought up in and learn the said business of a Butcher and if the premises before mentioned are conveyed to my said Son Henry my will is that my said Trustees shall pay him my said Son John the sum of six hundred pounds but my will expressly is that if my said Son John shall have the premises before mentioned conveyed to him and take to and carry on the said business in manner before mentioned then my said Son John shall not be paid such sum of six hundred pounds or any part of it and in case of the death of my said son John before he shall have attained the age of twenty five years then upon Trust to convey all that my said freehold messuage shop and premises unto my said Son Henry or unto my eldest Son then living his heirs and assigns and my will is that the rents issues and profits of my said hereditaments and premises and also of my said trade or business shall be applied and disposed of until my said Son John shall attain the age of twenty five years for the use benefit and education of all my children respectively I also give and devise unto and to the use of the said William Earle Benjamin Nevill and Richard Henry Lloyd all my other freehold Estates messuages or tenements Lands Hereditaments and premises whatsoever not hereinbefore by me disposed of and also all my Copyhold Estates and premises the same having been surrendered to the use of this my will upon the Trusts nevertheless hereinafter declared of and concerning the same and I give devise and bequeath all my Leasehold Estates and premises as well for lives as for years and all my monies sureties for money Goods Chattels Effects Debts and personal Estate of what nature or kind soever and wheresoever unto the said William Earle Benjamin Nevill and Richard Henry Lloyd their Heirs Executors Administrators and Assigns respectively according to the nature of the several Estates upon the Trusts nevertheless and to use for the several intents and purposes hereinafter expressed and declared of and concerning the same that is to say upon Trust by and out of the rents issues dividends interests and profits of all my said Estates to pay one annuity or yearly sum of seventy pounds clear of all taxes and deductions whatsoever into the proper hands of my dear wife Jenny for the term of her natural life if she shall so long continue my widow for her own use and benefit the same to be in full satisfaction for and bar of her Dower and thirds of and in the several messuages lands tenements hereditaments and premises whereof I shall sit seized and my will expressly is that in case my said wife shall not accept of the annuity hereinbefore directed to be paid her as aforesaid and shall at any time or times hereafter prosecute any action or suit for dower thirds or any other part of my Estates real or personal other than the said annuity then and in that case the said annuity hereinbefore directed to be paid her shall cease and be void to all intents and purposes and anything hereinbefore contained to the contrary in any wise notwithstanding but if my said wife shall be found in Board and Lodging by my said trustees with the rest of my family then the sum of Thirty five pounds per annum is to be deducted and allowed out of the said annuity for such her board and lodging and if my said wife shall marry again then from and after such her marrying again my will is that she shall receive only an annuity of thirty five pounds during her natural life the said annuity to be paid and payable by half yearly payments on the feast days of Saint Michael the Archangel and the birth of Our Lord Christ in each year by even and equal portions the first payment of the said annuity to begin and be made on such of the said feast days as shall first happen after my decease and upon this further Trust that they my said Trustees and the Survivors and Survivor of them his heirs Executors Administrators or Assigns do and shall when and as my Sons (except my said Son John) and my daughters shall attain their respective ages of twenty one years convey assign and transfer in such manner as Counsil shall advise after payment of all my just debts funeral expenses and the expenses of proving this my will all the rest and residue of my freehold Copyhold and Leasehold Estates money in the funds and all other my personal estate and effects of what nature or kind soever that same may be subject to and realized with the payment of the said annuity if then subsisting to and amongst all my said Sons (except my said Son John) and all my Daughters who shall live to attain the age of twenty one years equally to be divided between them share and share alike and to take as tenants in common and not as Joint Tenants and to their several and respective heirs Executors Administrators and Assigns absolutely for ever the rents issues dividends interests and profits of my said hereditaments premises and personal estates and of every part thereof subject and chargeable as hereinbefore mentioned to be applied and disposed by my said Trustees for the use benefit and education of my Son John and all other my Sons and Daughters until they shall respectively attain the age of twenty one years but my will is that if my said Son Henry shall have my said first above mentioned house shop and premises conveyed to him in manner before mentioned and take to my said business then and in such case he shall not have any further share or part of any of my said other estates or effects farther than for his maintenance and education during his minority as is before mentioned with respect to my said Son John provided always and my will is that it shall and may be lawful to and for my said Trustees and the Survivors and Survivor of them his heirs Executors or Administrators at any time or times and they are hereby authorized and required to make sale and dispose of all or any part or parts of my said messuages or tenements hereditaments personal estate and premises hereinbefore by this my will given devised or bequeathed to any person or persons and his her or their heirs and assigns for such price or prices in money as to them shall seem reasonable if they think it will be for the benefit or advantage of my children so to do any thing herein contained to the contrary thereof in anywise notwithstanding and it is my will that they my said Trustees and the Survivors and Survivor of them his heirs Executors Administrators or Assigns shall stand possessed of and interested in all and every sum and sums of money which shall arise by such sale or sales and the interest dividends and annual product thereof and every part thereof upon the same Trusts and to and for the several uses intents and purposes as are hereinbefore expressed and declared of and concerning the said premises hereby made saleable as aforesaid and my will also is and I do hereby direct that it shall and may be lawful to and for my said Trustees and the Survivors and Survivor of them his heirs Executors or Administrators from time to time at their discretion to pay or apply all or any part of such monies as shall or may be in their hands by virtue hereof in Trust either absolutely or most presumptively for the benefit or advantage of any of my Children under the age of twenty one years for and towards their maintenance and education putting out apprentice advancement or preferment in the world or other necessary use or uses of the person or persons whose benefit and advantage the same shall be in Trust for respectively and I do hereby constitute and appoint the said William Earle Benjamin Nevill and Richard Henry Lloyd joint Executors of this my last will and Testament and that they shall have the Guardianship and Tuition of all my said Children during their minority and my will is and I so hereby direct that my said Executors and Trustees shall not be answerable for any loss by any Security or Securities that may happen in my Estates and also that they shall retain all their Costs Charges Damages and Expenses out of the Estates and Effects in them respectively vested in and by this my will and the Trusts therein contained and I give to each of my said Executors the sum of five Guineas and lastly my will is that if either of my said Trustees and Executors shall happen to die or refuse to act in the Execution of the said Trusts then I do hereby appoint and direct that John White of the said City of Winchester Gaoler shall be a Trustee for the purposes aforesaid and Executor of this my will in the place or stead of a Trustee and Executor so dying or refusing to act In Testimony whereof I the said John Doswell have to this my will contained in five sheets of paper at the bottom of each of the said sheets set my hand and seal this third day of May in the year of our Lord one thousand seven hundred and ninety seven John Doswell Signed sealed published and attested by the Testator John Doswell as and for his last will and Testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our hands as witnesses thereto Samuel Wallden Senior Samuel Wallden Junior Robert R Corbin This will was proved at London on the twenty sixth day of January in the year of our Lord one thousand seven hundred and ninety eight before the Right Honourable Sir William Cominn (?) Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oaths of William Earle Benjamin Nevill and Richard Henry Lloyd the Executors named in the said will to whom administration was granted of all and singular the Goods Chattels and Credits of the deceased having first sworn by Commission to administer.

The will was transcribed by Derek Williams: the will is preserved as a probate copy in the National Archives, Kew. The original layout, spelling and punctuation is preserved.