Last Will and Testament of Mary Powditch (1872)

Executrix

This is the last Will and Testament of me

Mary Powditch of No 9 Middle Market Road Great

Yarmouth in the County of Norfolk the wife of William

Powditch of Sunderland Gentleman. In the first place I appoint

James William Boast[?] of No 13 Middle Market Road Great

Yarmouth in the aforesaid County of Norfolk Pastry Cook and

Robert William Brackentray[?] of Macks Corner[?] Great Yarmouth

aforesaid Tailor the Executors of this my Will And whereas a

Settlement bearing date on a about the eleventh day of June one

thousand eight hundred and sixty seven was made between

myself (then Mary Websdale Spinster) of the first part the

said William Powditch of the second part and James Cole Coperne[?]

therein described of the third part and which Settlement was made

on the occasion of myMarriage with the said William Powditch

Item I by virtue of the powers vested in me therein and all other

powers making me in this behalf do by this my Will give direct

and appoint All monies and securities for money stocks funds

household goods and furniture and all my personal estate

which I have the power to give bequeath or appoint subject

to any interest the said William Powditch may have therein

unto the said James William Boast[?] and Robert William

Brackentray[?] and the Survivor of them and the Executors or

administrators of such Survivor Upon the trusts following that

is to say after paying my funeral and testamentary expences

as to the sum of Fifteen pounds to my Great Nephew Benjamin

Shingles as to another sum of Fifteen pounds to my Great Nephew

James Shingles and as to a like sum of Fifteen pounds to my

Great Nephew George Shingles they being sons of my deceased

Sister Elizabeth Shingles And as to the sum of one hundred

pounds I give the same unto my dear Niece Eleanor Rose the

daughter of James Shingles of Filby in the County of Norfolk

the same to be for her separate use independent of her husband

and her receipt alone to be a sufficient discharge to my Executors

for the same And as to Ten pounds I give the same to Adelaide

( 1 )

Rose the daughter of my said Niece Eleanor Rose I also

give Five pounds to William Rose and Five pounds to Henry Rose

who are the children of my said Niece Eleanor Rose And as to

all the real and residue of my said monies and Securities for

money stocks funds and personal estate over which I have the

disposal and the prudence thereof I give the same to my said

Executors James William Boast amd Robert William Brackenbury

and the survivor of them and the Executors or Administrators of

such Survivor Upon trust that they my said Executors shall pay

the dividends interest and income thereof unto my Great Niece

Angelina Mary Websdale Woodhouse the daughter of my Niece

Eleanor Rose for the life of her my said Great Niece for her sole

and separate use and benefit during her life free from the ......

interference debts and engagements of her present or any future

husband and her receipts alone for the interest dividends and

income thereof when due shall notwithstanding her coverture

be a good discharge to my Executors for the same And after the

decease of my said great Niece the same trust money and

premises shall be held in trust for the children or child of my

said Great Niece who shall be living at her decease and who

shall live to attain twenty one years of age in equal shares as

tenants in common and not as joint tenants but if any one or

more of the children of my said Great Niece shall die in

her lifetime leaving any child or children who shall be living

at her death and who shall live to attain the age of twenty

one years then the share of the said trust money and premises

to which the parent or parents so dying as aforesaid would in

surviving my said Great Niece have become entitled as aforesaid

shall be held in trust for his or her said respective child or

and every such parents respective children if more than

one shall take as tenants in common and not as joint tenants

in equal shares and proportions And I direct that my said

Executors the said James William Boast amd Robert William

Brackenbury and the survivor of them shall (if they have the

power to do so and provided that my said husband has no

life interest in the same) sell and dispose of any household

goods furniture plate linen china any other household effects

immediately after my decease for the best price that can be obtained

for the same and stand possessed of the proceeds of such sale

upon the trusts and for the purposes hereinbefore declared of my

trust money stocks funds and Securities and residuary personal

Estate but if my said husband has a life interest in my

household goods furniture plate linen china and my other

household effects then I direct that my said Executors shall

immediately after the decease of my said husband sell and

dispose of the same for the best price that can be obtained

and stand possessed of the proceeds of such sale upon the

said trusts and for the purposes hereinbefore declared of my trust

money stocks funds and Securities and residuary personal estate

(and it is my Will that in the event of my aforesaid Great Niece

Angelina Mary Websdale Woodhouse dying without leaving issue

who shall attain the age of twenty one years then in that event

I give the residue of the said monies of mine and Securities

for money stocks funds and personal estate to the aforesaid

three children of my deceased Sister Elizabeth Shingles namely

Benjamin James and George Shingles to be equally divided

between them as tenants in common and not as joint tenants

And I direct my said Executors the said James William Boast

and Robert William Brackenbury and the Survivor of them and

the Executors or administrators of such Survivor to sell my said

freehold house situate and being No 9 Middle Market Road

Great Yarmouth as soon as possible after my decease Subject however

to any life interest or life Estate my said husband may

have therein the said sale to be by public Auction and

the proceeds thereof after deducting the expences of and incidental

to such sale shall be held upon such trusts as are hereinbefore declared

of my said trust money and Securities and general residuary

personal estate And I declare that my said Executors the said

James William Boast and Robert William Brackenbury and the

survivor of them and the Executors or administrators of such survivor

shall and may out of the said trust monies reimburse themselves

or himself all his and their reasonable Costs charges and expenses

( 2 )

on performing or with a view to the performance of the

trusts and purposes of this my Will And it is my wish that if

any Executors shall have much trouble in the carrying out the

bequests of this my Will that my said Great Niece Angelina

Mary Websdale Woodhouse shall make them a present for their

trouble herein as some recompense for their services And I hereby

revoke all other Wills and testamentary appointments heretofore

made by me and declare this to be my only true and last Will

and testament In witness whereof I the said Mary Powditch

have to this my last Will and testament or appointment in the

nature thereof contained in four sheets of paper set my hand this

fourth day of September in the year of our Lord one thousand

eight hundred and seventy two.

Signed by the said Mary Powditch

as and for her last Will and testament

or a writing in the nature thereof in the

presence of us present at the same time

who in her presence at her request and

in the presence of each other have hereunto

subscribed our names as witnesses thereto

John Ryall Mayo Solicitor

33 Kennington Park Road Newington Surrey

Elizabeth Emily Mayo

33 Kennington Park Road Newington

Surrey

)

) Mary Powditch

)

Proved at Norwich the sixth day of November

1873 by the oaths of James William Boast

and Robert William Brackenbury, the Executors

to whom administration was granted, limited

to all such personal estate and effects as

the deceased by virtue of a certain Indenture

of Settlement bearing date the eleventh day

of June 1867 had a right to appoint or

dispose of and has in and by her said

Will appointed or disposed of accordingly

but no further or otherwise

The Testratix Mary Powditch (wife of William

Powditch) was late of Great Yarmouth in the County

of Norfolk and died on the fifteenth day of October

1873 at Great Yarmouth aforesaid

Under £1000 No Leaseholds

F.L. Palmer

Solicitor Great Yarmouth

Certified to be a correct copy