Mary BRYER's Will of 1823
This is the last will and testament of me Mary BRYER of Weymouth and Melcombe Regis in the County of Dorset Widow made and published the third day of January in the year of our lord one thousand eight hundred and twenty three first I will and direct that my executors hereinafter named shall in the first place by and out of my personal estate and effects pay off and satisfy all my just debts and funeral and tstamentary charges and expenses within twelve months after my decease whereas I am well outilled? unto or interested under or by virtue of the last will and testament of my Aunt Mrs Edith JENKINS deceased the late wife of the Reverend William JENKINS of Melbury Osmond in the said county of Dorset Clerk of and in one full and undivided third part or share in fee simple of and in certain messuages lands tenements and heredits situate lying and being at Mark or elsewhere in the County of Somerset expectant on the death of the said William JENKINS and whereas in and by a certain Indenture of 4 parts made prior to and in contemplation of the marriage of my daughter Mary [Piper?] BRYER spinster with Mr William TALBOT of Broad Moiyer? in the said County of Dorset Gentleman bearing date on or about the first day of this Instant month of January and mentioned or expressed to be made between the said William TALBOT of the first part and the said Testatrix of the second part the said Mary BRYER the younger of the third part and James BOWER of Weymouth and Melcombe Regis aforesaid Banker and Thomas SABINE of Dorchester in the said County of Dorset Gentleman of the fourth part I have thereby granted bargained and devised or otherwise assured unto the said James BOWER and Thomas SABINE their Exors and Admins, for the term of one thousand years one full third part or share of all the said proportion and interest so given or devised to me as aforesaid by my said late aunt Edith JENKINS's Will of and in the said messuages lands tenements and heredits situate lying and being at Mark or elsewhere in the County of Somerset now I do hereby give and bequeath and also ratify and confirm such one full undivided third part or share of my estate and interest in the said messuages lands hereditaments and premises being one equal undivided ninth part or share of and in the whole or entirety of the said messuages lands hereditaments and premises unto the said James BOWER and Thomas SABINE their executors and Admons upon trust nevertheless and to for and upon the several uses trusts ends intouts? and purposes and subject to such pro?ots and limitations over as in and by the said Indenture are mentioned or expressed of and containing the same and as to for and concerning the remaining two undivided and equal parts in three of my said third part or share of and in the same messuages lands and hereditaments I give and devise the same equally between my two sons William Wyndham BRYER and Stephen BRYER and their heirs and assigns as tenants in common and not as joint tenants and whereas Stephen Perrot BRYER late of Weymouth and Melcombe Regis Surgeon my deceased husband in and by his last will and testament bearing date on or about the eigth day of ffebruary one thousand eight hundred and six gave devised and bequeathed all his messuages lands tenements and real estate in possession reversion remainder and expectancy and also all his money and securities for money and household goods and other Goods Chattels effects and personal estate unto the aforesaid Reverend William JENKINS and the aforesaid James BOWER their heirs executors administrators and assigns respectively in trust to sell such part of his personal estate as I should think proper and to lay out or moist? the monies arising therefrom on such security as I should approve and to pay soor? or otherwise empower or permit me the said Testatrix to receive the rents and profits income interest dividends arising from such real and personal estate during my life and after my decease to pay thereout unto his daughter the said Mary BRYER on her attaining her age of twenty one years or day of marriage before that age the sum of two hundred pounds the interest thereof in the meantime to be applied towards her maintenance and education and as to the residue of his said estate and effects in trust for such and or more of his children and the issue of and or either of them for and during such estate and estates and subject to such charge or charges in favour of any other or others of his said children their or either of their issue and in such shares and proportions sort manner and form and at such time and times as I the said Testatrix should by any deed or deeds in writing duly executed and attested or by my last will and testament in writing or any codicil or codicils thereto or any writing in the nature of a will duly executed and attested give devise and bequeath limit direct or appoint the same or any part or parts thereof ans whereas the said Stephen Perrott BRYER afterwards departed this life seized and possessed of sundry real estates and also considerable personal property leaving three children to wit the said Mary BRYER his only daughter William Wyndham BRYER his eldest son and Stephen BRYER and also without altering or revoking his said will which was afterwards duly proved by his executors the said Reverend William JENKINS and James BOWER in the Prerogative Court of Canterbury on or about the twenty sixth day of July one thousand eight hundred and six and whereas in pursuante and part performance of the power and authority to me given or reserved in and by the said last will and testament of the said Stephen Perrott BRYER my late husband I have already by a certain deed poll bearing date on or about the thirty first day of December one thousand eight hundred and twenty one given granted limited devised or appointed certain freehold messuages lands and hereditaments situate at Bristol in the parish of Saint Philip and Jacob and County of Glocester from and immediately after my decease unto my eldest son William Wyndham BRYER his heirs and assigns and have also by a certain other deed poll bearing date on or about the thirty first day of December one thousand eight hundred and twenty two given granted limited directed and appointed six hundred and fifty pounds three percent consolidated Bank annuities part of a sum of eighteen hundred pounds three percentum consolidated Bank annuities and also part of the personal estate of my late deceased husband from and immediately after my decease unto my said daughter Mary now I the said Mary BRYER the testatrix in further pursuante and performance of the said power or authority so as aforesaid given or reserved to me in and by the said hereinbefore recited last will and testament of my late husband deceased and of all other power and authorities whatsoever me thereunto enabling by this my last will and testament to be duly executed and attested do further give grant limit direct and appoint unto my said eldest son William Wyndham BRYER all those three stables coach house and other buildings and gardens thereto belonging or adjoining which were my late husbands situate in Bury Street in Weymouth and Melcombe Regis aforesaid to hold the same unto my said son William Wyndham BRYER his executors admons and assigns from and immediately after my decease for all the then rest residue and remainder of the term estate and interest for which my said late husband held or enjoyed the same at the time of his decease and also for ? I now hold or enjoy the same subject nevertheless to the reservations clauses covenants and agreements in the lease or respective leases thereof retained and I do also give grant limit direct and appoint unto my said son William Wyndham BRYER one hundred pounds three per centum consolidated Bank annuities further part of the said eighteen hundred pounds three per centum consolidated Bank annuities to and for his own absolute use and benefit also I give unto my said son William Wyndham BRYER the balance of all monies and debts whether on security or securities or otherwise that shall happen to be due and owing from him to me at the time of my decease so that he shall and do on his part give up to my executors to be cancelled or certain promissory note of hand by me given to him for three hundred and sixty eight pounds ought shillings and ought pence bearing date on or about the twenty fifth day of March one thousand eight hundred and twenty two and made payable by my executors at three months after my decease and also do and shall relinquish all claims on my estate and effects by reason or means thereof but not otherwise also I give grant limit direct and appoint unto my son Stephen BRYER all that messuage or dwelling house in which my late husband lived situate in St Thomas Street in Weymouth and Melcombe Regis aforesaid and now also in my occupation together with all outhouses buildings and erections Courts and Barklots thereto belonging to hold the same unto my said son Stephen BRYER his executors admons and assigns from and immediately after my decease for all the then rest residue and remainder of the form estate and interest for which my said late husband held or enjoyed the same at the time of his decease and also for which I now hold or enjoy the same subject nevertheless to the reservations clauses covenants and agreements in the lease or respective leases thereof retained and all the rest residue and remainder of the said payment thereout of the said eighteen hundred pounds 3 per centum consolidated Bank annuities after payment thereout of the said sum of two hundred pounds sterling in the said hereinbefore recited will of my said deceased husband mentioned to have been given by him to my said daughter Mary and of the said six hundred and fifty pounds three per centum consolidated Bank annuities so as aforesaid given and appointed unto my said daughter and also of the sum of one hundred pounds three per centum consolidated Bank annuities hereinbefore given and appointed unto my said son William Wyndham BRYER I give grant limit direct and appoint unto my said son Stephen BRYER to and for his own absolute use and benefit also I give and bequeath direct limit and appoint unto my oldest son William Wyndham BRYER my silver pint cup and five silver table spoons marked Sp.X also my silver punch ladle and plated fish slice also I give and bequeath unto my daughter Mary all my wearing apparel of every sort and description that I may be possessed of at the time of my decease with my gold watch and its appendages rings jewels fruitols? and ornaments of the person and of Dress together with my said late husband's picture painted by BEACH? and all the rest residue and remainder of the real and personal estate monies and securities for money Goods Chattels and effects whatsoever and wheresoevr situate lying or being and in or over which I have any disposing power either in my own right or under or by virtue of the said last will and testament of my said deceased husband or otherwise howsoever I give devise and bequeath direct limit and appoint unto my said three children William Wyndham Mary and Stephen and their respective heirs executors and admons equally to be divided between them share and share alike as tenants in common and not as joint tenants provided and I do hereby declare my will to be that in case I shall happen to die during the minority of my son Stephen BRYER my executors hereinafter named and the survivor of them and the heirs exors and admons of such survivor do and shall and they are hereby empowered and authorised at their and his discretion either to sell or dispose of or otherwise to retain and keep for the use an benefit of my said son Stephen all such parts of my personal Goods and Chattels as shall not consist of money or a security or securities for money and to put and place out the monies arising from such sale and disposition thereof if sold together with all other monies hereby given or appointed to him at interest on some good real security or securities or otherwise moist? the same in some or one of the Government stocks of funds and from time to time at their and his discretion to call in and again put and place out the same on the like security or securities and also from time to time as often as the same shall become due and payable to receive the interest dividends and proceeds thereof and also the routs? and proceeds of the real estates and shares thereof thereby given or devised directed limited or appointed to my said son Stephen BRYER until he shall have attained his age of twenty one years and also do and shall pay over and apply the whole or so much of such interest dividends proceeds and rout? as they or he shall from time to time judge to be required and proper in or towards his maintenance education and advancement in life provided further and I do hereby will and declare that it shall be lawful for my trustees and executors and the survivor of them his executors and administrators from time to time out of their monies which by virtue of this my will shall come to their or either of their hands to deduct retain to and reimburse themselves and himself respectively and to pay to the other of them all such reasonable costs charges and expenses as they or either of them shall sustain expend or be put out in or about the execution of this my will and also that they my said trustees or the survivor of them his executors or admons shall be charged or chargeable for and with his own receipts payments acts and wilful defaults only and shall not be charged or chargeable with or for any sum or sums of money other than such as shall actually come to his and their respective hands by virtue of this my will nor with or for any loss or damage that may happen in or about the execution of the trusts hereby in them reposed by the Insolvency of any banker or other person in whose hands the said trust monies and promises? may be lodged for safe custody or placed out at interest or otherwise howseoever so that the same happen not by or through their or his wilful neglect default or mismanagement provided likewise and I do also direct and appoint that the aforesaid Thomas SABINE one of my said trustees and also one of my executors hereinafter named shall and lawfully may from time to time and at all times during the continuance of the trusts hereby in him reposed charge my other executor or otherwise retain out of the respective trust monies and promises? for all journies letters attendance and other trouble and business which he shall take do or perform in or about the carrying into effect the respective trusts and execution of this my will as fully and independently as if he were not appointed a trustee and exor hereof according to the usual charges of Attorney for similar business done and lastly I do hereby nominate constitute and appoint the said James BOWER and Thomas SABINE joint Executors of this my last will and testament hereby revoking all other and former Wills by me at any time heretofore made In Testimony whereof I have to this my last will and testament contained in seven sheets of paper to the first six sheets thereof set my hand and to this seventh and last sheet set my hand and affixed my seal the third day of January in the year of our lord one thousand eight hundred and twenty three - Mary Bryer - Signed sealed published and declared by the said Mary BRYER the Testatrix as and for her last will and testament in the presence of us who at her request in her presence and in the presence of each other have hereunto subscribed our names as Witnesses thereto James COOPER M. CLARK Sarah HARRIS
Proved at London 22nd May 1823 before the Judge by the oaths of James BOWER and Thomas SABINE the Exors to whom Admon was granted having been first sworn duly to Adminr. (by ramon?)
© Research prepared by Sue Beard December 2003