in the County of Dorset Clerk, made and published this fourth day of November in the year of our Lord one thousand seven hundred and seventy two: Impremis: I give and devise unto my dear wife Jane COLSON and her assigns for and during her natural life All that my messuage Burgage or Tenement with the appurtenances situate within the parish of All Saints in Dorchester in the said County and from and after her decease I give and devise the same unto my son John Morton COLSON his heirs and assigns for ever. Item: I give and bequeath unto my said dear wife and her assigns for and during the term of her natural life one Annual Rent or sum of fifty pounds of lawful money of Great Britain clear of all rates taxes and deductions whatsoever to be issuing and payable out of and from all that my Messuage, Tenement or Farm called and known by the name or names of 'Scovells' alias 'Scoles' and out of all that close called 'Quar Close' adjoining to the said farm and also out of all that other Messuage Tenement or Farm called by the names or names of 'Hillway' or 'Challway' and also out of and from all that Meadow called 'Arfleet Meadows' and ground called 'Wood Furlongs' and out of all that Mill called 'Arfleet Mill' situate lying and being in the parish of Corfe Castle in the Isle of Purbeck // (end of right side of page 236) and said County of Dorset and also out of and from all that my other Messuage Tenement or Farm called 'Byestwall' situate near Wareham in the said County and out of and from all other my lands tenements and hereditaments which were heretofore the Inheritance of my late uncle John Morton Esquire and descended and came to me on the deaths of my late dear brother and sister and every part and parcel thereof the said Annual Rent or Yearly sum to be paid at the four usual feasts or days of payment in the year to wit the twenty fifth day of March, the twenty fourth day of June, the twenty ninth day of September, and the twenty fifth day of December in every year by equal portions the first payment thereof to be made on such of the said days of payment as shall first happen after my decease and that when and so often as the said Annual Rent or yearly sum of fifty pounds or any part thereof shall be behind and unpaid for the space of twenty days next after any any of the said feast days on which the same ought as aforesaid to be paid being lawfully demanded That Then and so often at any time or times hereafter it shall and may be lawful to and for my said dear wife and her assigns into the said Lands Tenements and Hereditaments chargeable therewith or any or either of them or any part or parts thereof to enter and distrain and such distress and distresses to detain keep and dispose of until she shall be fully satisfied and paid all such arrearages with the costs charges and expenses about the making keeping and disposing thereof Item: Subject to the said Annual Rent or sum of fifty pounds and the power given for serving and recovering the same, I do hereby devise and bequeath the said Messuages and Farms called 'Scrovells' otherwise 'Scoles', 'Quar Close', 'Hillway' and 'Challway', 'Arfleet Meadow' and the ground ground called 'Wood Furlongs', 'Arfleet Mill' and 'Byeswall' and all other my said Tenements and Hereditaments chargeable with the said Annual Rent or Yearly sum which were heretofore which were the inheritance of my said late uncle John Morton and descended to me on the deaths of my late Brother and Sister as aforesaid and every part or parcel thereof with their and every of their Rights Members and appurtenances unto Robert WORGAN of Blandford Forum in the said County Clerk and John TEMPLEMAN of Dorchester in the said County Gentleman their Executors Administrators and assigns for and during the term of five hundred years to commence immediately on my decease & from thereto next ensuing and // (end of left side of page 237) and fully to be completed and ended upon the trusts and to and for the ends intents and purposes hereinafter mentioned that is to say IN TRUST in the first place for the better and more effectual securing the payment of the said Annual Rent or Yearly sum of Fifty pounds to my said dear wife for her life and for that purpose in case the said Annual Rent or any part thereof shall be unpaid by the space of three calendar months next after the above feast days appointed for payment upon trust that they the said Robert WOGAN and John TEMPLEMAN their executors administrators and assigns do from time to time so often as it shall so happen by mortgage or demise of the said Lands Tenements and Hereditaments so devised as aforesaid or any part thereof for any part of the said term or by and out of the Rents issues and profits of the said premises or otherwise Raise so much money as shall be sufficient to pay to my said dear wife and her assigns during her life the said Annual Rents or sum of fifty pounds or so much thereof as shall happen to to unpaid together with all such damages charges and expenses as my said dear wife or her assigns or the said trustees their executors or administrators shall from time to time sustain by reason of the non payment thereof at the days and times first above limited or otherwise howsoever in the execution of the trusts of the said term and shall pay and apply the money to be raised by the means aforesaid in payment of the said arrears of the said Annual Rent or Yearly sum and such charges damages and expenses from time to time accordingly and upon this further Trust that they the said Robert WOGAN and John TEMPLEMAN and the survivor of them and the executors and administrators of such survivor shall and do as soon as can be after my decease subject to the said Annuity or Yearly sum to my said dear wife for her life and the powers given for securing the same by sale or mortgage of the premises comprised in the said term of five hundred years or of a competent part thereof for all or any part of the said term or by or out of the Rents and profits in the meantime and until such sale or mortgage shall be made or by all or any the ways and means aforesaid or by any other ways and means whatsoever which in their discretion they shall think proper raise and levy the sum of five hundred pounds of lawful money of Great Britain for my daughter Mary Morton COLSON which sum when raided I direct shall be // (end of right side of page 237) placed out at interest on Government or real securities, and be paid to her on her attaining her age of twenty one years or day of marriage which ever shall first happen and that the interest dividends and produce thereof be in the meantime paid and applied for her maintenance education and support and in the case of the death of my said daughter before the said principal sum of five hundred pounds shall become due and payable Then I give and bequeath the same to my son John Morton COLSON his executors and administrators and from and immediately after the said expiration or other sooner termination of the said term of five hundred years and subject thereunto I give devise and bequeath all and singular the said Messuage Farms Lands Tenements and Hereditaments with their and every their Rights members and appurtenances unto my said son John Morton COLSON his heirs and assigns for ever Item: I give and bequeath unto my said dear wife and her assigns during her natural life one other Annual Rent or sum of fifty pounds of lawful money of Great Britain clear of all rates taxes and deductions whatsoever to be issuing and payable out of or from all those closes of pasture called or known by the name of one hundred acres containing in the whole eighty six acres be the same more or less situate and lying and being in or near Bridgewater in the County of Somerset heretofore in the tenure of Benjamin CULME and since John CULME Clerk or his under tenant the said Annual Rent or sum of fifty pounds last mentioned to be paid on the same feast days and in the like manner with the same power for my said dear wife and her assigns to enter and distrain on non payment and to dispose of such distress as I have before directed touching the other Annual Rent or sum hereinbefore given to my said dear wife Item: Subject to the said Annual Rent or sum lastly given to my said dear wife and the power provided for securing the same I do hereby give devise and bequeath the said Closes, Lands, Tenements and Hereditaments chargeable therewith situate near Bridgewater aforesaid and every part thereof with their Rights Members and Appurtenances unto the said Robert WORGAN and John TEMPLEMAN their executors administrators and assigns for the term of six hundred years to commence immediately on my decease and from thence next ensuing and fully to be completed and ended upon the Trusts and to and for the uses interests and purposes hereinafter mentioned that is to say In TRUST in the first place for the better and more efficient securing the // (end of left side page 238) payment of the said Annual Rent or sum of fifty pounds lastly given to my said dear wife and her assigns for and during her life and for that purpose in case the same shall be unpaid for the space of three calendar months after the above feast days appointed for payment Upon TRUST that they the said Robert WOGAN and John TEMPLEMAN their executors and administrators so from time to time, so often as it shall happen, by mortgage or demise of the said Closes Lands and Hereditaments devised as aforesaid for the term of six hundred years for any part of the said term or by and out of the Rents and profits of the said premises or otherwise Raise so much money as shall be sufficient to pay my said dear wife and her assigns during her life the said annual Rent or sum of fifty pounds lastly devised to her or so much thereof as shall happen to be unpaid together with all such charges damages or expenses as my said wife or her assigns or the said trustees their executors or administrators shall from time to time sustain by reason of non payment thereof at the times above first limited or otherwise howsoever in the execution of the trusts of the said term and shall pay and apply the money to be raised by the means aforesaid in payment of the said Annual Rent or yearly sum last mentioned and such charges damages and expenses from time to time accordingly and upon further Trust that they the said Robert WORGAN and John TEMPLEMAN and the survivor of them and the executors and administrators of such survivor shall and do as soon as can be after my decease subject to the said second annual Rent or sum given to my said dear wife and her assigns for her life and the power given for securing the same by sale or mortgage of the premises comprised in the said term of six hundred years for all and part of the said term or and by and out of the rents and profits in the meantime and until such sale or mortgage shall be made or by all or any other ways and means aforesaid or by any other ways and means whatsoever which in their discretion they shall think proper raise and levy the further sum of five hundred pounds of lawful money of Great Britain for my said daughter Mary COLSON which last mentioned sum when raised I direct shall be placed out at interest on Government or real securities and be paid to her on her attaining her age of twenty one years or day of marriage which ever shall first happen and the interest dividends and produce thereof be in the meantime paid and applied for her maintenance education and support And in case of the death of my said daughter before the said principal sum last mentioned shall become due and payable then I give and bequeath the // (end of right side of page 238) the said sum of five hundred pounds to my son Thomas Morton COLSON his executors Administrators and from and after the expiration or other sooner determination of the said term of six hundred years and subject thereunto I give devise and bequeath the said Closes parcels of land and premises situate near Bridgewater aforesaid with all and singular their rights members and appurtenances unto my said son Thomas Morton COLSON his heirs and assigns for ever , And I do hereby declare that the provision hereby made for my said dear wife of the said Annual sums of Fifty pounds and fifty pounds is on this express condition that she relinquishes and surrenders up a Jointure heretofore by me made on her lands in the Isle of Wight and County of Southampton by indentures of lease and release bearing date the ninth and tenth days of May One Thousand seven hundred and sixty And On this further condition that the said Annual Rents or sums be accepted by her in full of her Jointure and in recompense satisfaction and bar of all dower and thirds at common law which my said dear wife can or may claim demand or be entitled to of in or out of the freehold Messuages Lands Tenements and Hereditaments devised by this my Will to my said two sons or any part thereof and that she accordingly by such deeds as council shall advise release to my said two sons ---All her right and title of dower or thirds of into or out of the said Lands Tenements and Hereditaments and every part thereof and in default thereof I do direct that the bequests of the said Annual Rents or sums of fifty pounds and fifty pounds to my said dear wife shall be void and of no effect and that the said several terms of five hundred years and six hundred years so far the same relate to the raising and securing of the said annuities shall cease and de continue Item: I do hereby in pursuance of a power in me vested by my marriage settlement bearing date the said tenth day of May One Thousand Seven Hundred and Sixty order and direct and appoint that the sum of five hundred pounds in the said settlement mentioned be paid and applied from and after the decease of my said dear wife (or in her lifetime if she shall think proper) unto and amongst our younger children Thomas Morton COLSON and Mary Morton COLSON in the following shares and proportions that is to say the sum of four hundred and ninety pounds part thereof to my said daughter Mary Morton COLSON and Ten pounds residue thereof to my said son Thomas Morton COLSON and in pursuance of another power in the said settlement I do hereby give devise nominate and appoint all that capital Messuage Tenement and Farm situate at Morton in the parish of Braden in the Isle of Wight and County of Southampton formerly // (end of left side of page 239) In the occupation of the executors of Peter DENIS and all those Messuages Tenements and Dwelling Houses situate at Braden [Brading] aforesaid formerly in the tenures of Edward DUKE, John COMPTON, Thomas BATCHELOIR and Henry COX their tenant or tenants and all other my Lands Tenements and Hereditaments in the Isle of Wight aforesaid with their appurtenances unto my said son Thomas Morton COLSON his heirs and assigns To the use of the said Thomas Morton COLSON his heirs and assigns for ever Item: I give to my dear wife the sum of fifty pounds to be paid her as soon as can be after my decease Item: I give to my son John Morton COLSON all the plate that belonged to my late brother and left me by his will Item: I give to my dear wife the use of my own plate and of all my household goods china linen furniture and implements of household whatsoever for and during her life and after her decease I give the said plate to my son Thomas Morton COLSON and the said household goods china linen furniture and implements of household to my to my said two sons equally share and share alike And I do make constitute and appoint my said dear wife the said Robert WORGAN John TEMPLEMAN and my Brother-in-Law Mr Benjamin WORGAN Guardians of my children until they attain their respective ages of twenty one years or be married. Item: I give devise and bequeath unto my said son Thomas Morton COLSON his heirs executors administrators and assigns all that my Messuage Tenement and Lands situate Wooleston in the Parish of Corfe Castle aforesaid now in the occupation of Titus CINCHIN for and during all my estate rights title and Interest therein All the Rest and Residue: of my personal estate and effects whatsoever I give and bequeath unto my two sons equally share and share alike and do appoint the said Robert WORGAN and Benjamin WORGAN Executors of this my Will and Lastly I do hereby direct and declare that the trustees before mentioned shall not nor shall any of them be answerable or accountable for any money to be received by virtue of the Trusts in them reposed any otherwise than each person for such sum or sums as he or they shall respectively actually receive and that not one of them shall be answerable or accountable for the acts receipts neglects or defaults of the other of them And also that the said Trustees their respective executors administrators may by and out of the estate and effects that shall come to their hands retain to and reimburse themselves for all costs charges damages and expenses which they respectively shall or may sustain expend or be put unto in and about the execution of the Trusts hereby in them reposed In Witness: whereof I have to this my last Will and Testament wrote on four sheets of paper at the bottom of the first three sheets // (end of right side of page 239) set my hand and to the fourth sheet set my hand and seal the day and year first above written Thos. COLSON Signed Sealed published and declared by the said Testator as and for his last Will and Testament (wrote on four sheets of paper) in the presence of us who in the presence of the said testator and at his request and in the presence of each other have subscribed our names as witnesses the words "on the same feast days" being first interlined in the twenty fourth line of the second sheet and the erasure being first made in the eight line of the third sheet Saml GOULD; Eliz: WORGAN; Anna HUNT CODICIL: I the Reverend Thomas COLSON now of Dorchester in the County of Dorset Clerk being desirous to make a more ample and further provision for my daughter Mary Morton COLSON than what is already made for her by my last Will and Testament Do by this Codicil, which I desire may be taken as part of my said Will, give and bequeath to my said daughter the sum of five hundred and ten pounds payable at such time as the other legacies given her by my said Will are payable And I do by this Codicil charge and make liable the several Lands Tenements and Hereditaments devised by my said Will to my eldest son now chargeable with the payment of the sum of five hundred pounds to my said daughter and also the term of five hundred years for raising thereof not only with the payment of the said sum of five hundred pounds but also the sum of two hundred and fifty five pounds part of the said sum of five hundred and ten pounds to my said daughter with the like powers for raising the said sum of two hundred and fifty five pounds as are limited given and directed in and by my said last Will and Testament concerning the said term of five hundred years And I do by this my Codicil further charge and make liable the several Lands Tenements and Hereditaments by my said Will directed to my youngest son now chargeable with the payment of the further sum of five hundred pounds to my said daughter and also the term of six hundred years for the raising thereof not only with the payment thereof but also of the sum of two hundred and fifty five pounds the remainder of the said sum of five hundred and ten pounds to my said daughter with the powers for raising the said sum of two hundred and fifty five pounds last mentioned as are also limited given and directed in and by my said Will concerning the said term of six hundred years and whereas my eldest son and my daughter since the making of my Will have attained their ages of twenty one years which whereby // (end of left side of page 240) my bequest of the Guardianship as to them is now void and the same will also soon determine as to my youngest son and my very particular friends Thomas GUNDRY and Radford GUNDRY both of Dewlish Esquires have kindly offered me to bestow their advice and assistance to my children in their worldly concerns I therefore recommend my said children on every necessary occasion to the advice and assistance of my said friends Thomas GUNDRY and Radford GUNDRY and whatever my friends shall at any time advise is my Will and earnest injunction to my children that they religiously observe and perform In Witness: whereof I have hereunto set my hand and seal this fifth day of September One Thousand Seven Hundred and Eighty Three Thos. COLSON Signed Sealed published and declared by the said Thomas COLSON as a Codicil to his last Will and Testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses Anna HUNT; Anna EDMONDS; Thomas MELMER } Servants to Mr COLSON PROBATE: On the twenty Third day of November in the year of Our Lord One Thousand Seven Hundred and eighty six Administration ( with the Will and Codicil Annexed) of all and singular the goods chattels and credits of Thomas COLSON formerly of Studland in the County of Dorset but late of Dorchester in the same County deceased was granted to the Reverend John Morton COLSON Clerk and the Reverend Thomas Morton COLSON Clerk the sons of the said deceased and residuary legatees named in the said Will they having been first sworn by Commission duly to administer The Reverend Robert WORGAN Clerk and Benjamin WORGAN the executors named in the said Will having first renounced the execution thereof Genealogical Notes:- (1) Link to an account of the life of Thomas COLSON (1716-1784) and that of his family (2) Morton Isle of Wight is the area of Brading to the south where Morton Marshes and the River Yar separate Brading from the extension of housing estates from the larger town of Sandown. |