This is the Last Will and Testament of me William BOWER(1) of Dorchester in the County of Dorset Esquire being of good health and of sound mind, memory and understanding. I give devise and bequeath my worldly estate in manner hereinafter mentioned that is to say
I Give and Devise unto my friends Robert WILLIAMS of Bridehead in the County of Dorset Esquire, George BANKS of George Street Hanover Square in the county of Middlesex Esquire and William ELIOT of Weymouth in the said County of Dorset gentleman their heirs and assigns ALL that my Manor or reputed Manor of Chalmington(2) with the Manor House, Farm House, Farm and other my messuages lands and hereditaments thereto belonging situate in the parish of Chattistock [Cattistock] in the said County of Dorset
AND Also the two closes fields or pieces of land called 'Liblocks' in Cattistock aforesaid
AND Also all the lands lately enclosed from the common fields and down of Cattistock aforesaid but not let with the said Estate
AND Also the Hundred of Cerne Totcombe and Modbury(3) in the said County of Dorset with the rights royalties and appurtenances thereto respectively belonging
AND Also the Manor of Cattistock with all and every the lands manorial rights priviledges and appurtenances to the said devised Manor hereditaments and premises belonging upon the trusts following, that is to say,
IN TRUST that they my said Trustees or the survivors or survivor of them or the heirs or assigns of such survivor Do and shall as soon as conveniently may be after my decease First casue a valuation to be made of all and singular the said Manors Hundred Tenements estate lands hereditaments and premises and afterwards at such time as to them shall seem proper make sale and dispose of the said Manors hundred tenements estate lands hereditaments and premises with their and every of their appurtenances either by public auction or private contract fort the best price or prices in money that can be possibly had or gotten for the same and in such manner either in parcels or otherwise as to the said trustees for the time being making any such sale or sales shall appoear advisable
AND My Will is that my said trustees or trustee for the time being shall stand possessed of the monies to be produced by such sale or sales after defraying thereout the expenses attending to the same IN TRUST to apply the same in aid of my personal estate in payment and satisfaction of my just debts and funeral and testamentary expenses and pecuniary legacies given by this my Will and which I may give by any Codicil or Codicils thereto and after payment of such debts expenses and legacies then as to the surplus of the said monies upon such and the same TRUSTS as I have hereinafter declared concerning the residue of my personal estate and I hereby declare that the receipt or recipts of my said trustees or trustee for the time being making any such sale or sales either in parcels or otherwise for the monies to be produced thereby or any part of such monies shall be an effectual discharge // to the purchaser or purchasers of the said devised Manors hundreds tenements estate lands and other hereditaments or any part thereof for his her or their respective purchase money or monies and that such purchaser or resopective purchasers and his her or their respective heirs executors or administrators shall not after the taking of any such receipt or receipts be answerable for the loss misappropriation or non application of such money or monies or any part thereof or be obliged or concerned to see to the application thereof or of any part thereof
I GIVE and Devise all that my Freehold dwelling house and piece of land now occupied as a garden with the appurtenances by William BISHOP as tenant thereof containing by estimation three acres more or less situate and adjoining the parsonage garden in the parish of Holy Trinity Dorchester aforesaid to my Nephew The Reverend Edmund BRYER Clerk(4) for and during the term of his natural life
AND from and after his death I Give devise and bequeath the same unto the use of my grand nephew Edward Owen PAYNE of Dorchester(5) aforesaid son of Captain PAYNE of the Royal Navy his heirs and assigns for ever
ALSO I GIVE and devise unto the said William ELIOT one of my said Trustees and also my partner in the Weymouth Old Bank and the Dorchester branch Bank [Trading as BOWER and ELIOT in High West Street] All that my freehold messuage or tenement wherin the said Banking Business at Weymouth is carried on situate in St Thomas's Street in Weymouth and Melcombe Regis aforesaid with the appurtenances together with all the furniture that shall be in and about the same house at the time of my decease
AND also my desks strong boxes fixtures and other things which now are or may be in the Banking Rooms of the said messuage or appertaining thereto
AND also the store rooms and cellars behind the said messuage
AND also all that my other freehold messuage or tenement withthe appurtenances adjoining the said last mentioned messuage or banking house also situate in Saint Thomas's Street aforesaid and now in the occupation ob [Balnk space] SAMWAYES Sadler
AND also all that other messuage or house known by the name of the 'Fox Public House'
with the appurtenances thereto belonging to hold the said several last mentioned messuages or tenements and all and singular other the premises aforesaid unto and to the use of the said William ELIOT his heirs executors administrators and assigns forever
I GIVE and bequeath my leasehold messuage dwelling house or tenement which I hold for three lives under the Corporation of Dorchester situate and being in High West Street in the Parish of Holy Trinity in the Borough of Dorchester now occupaied by [Balnk Space] MILLS Cordwainer and myself
AND also all that my freehold messuage or dwelling house with the appurtenances situate and being in the High West Street in the parish of Holy Trinity in Dorchester aforesaid now in my own occupation
AND also all that my other freehold messuage or dwellinghouse adjoining the said dwellinghouse in my own occupation now occupied by me and Mr WATSON with their and every of their appurtenances thereto respectively belonging and occupied and enjoyed therewith unto my Sister Elizabeth BANGER (6) for and during her natural life
AND from and after her decease I GIVE and devise the same three last mentioned messuages and premises unto my niece Mary BRYER(7) of Dorchester aforesaid for and during her life
AND from and after the death of the survivor of them the said Elizabeth BANGER and Mary BRYER I GIVE and devise the said last mentioned messuages and also the said two last mentioned messuages now in my own and Mr WATSON's possession with their appurtenances and so devised to my said sister and niece for their respective heirs as aforesaid unto and to the use of the said Edward Owen PAYNE(5) his heirs executors administrators and assigns for ever Provided nevertheless and I do declare that the said messuage or tenement and premises in my own occupation are so devised to my said sister for her life as aforesaid upon express condition that for a period of one year after my decease the said premises shall be permitted to be occupied by my hereinbefore named Trustees or Trustee for the time being for their use and conveinience in the holding of Meetings and otherwise and otherwise in the execution of the trusts of this my Will as all the title deeds will be deposited // now safley there than elsewhere
AND My Will is that during the said year my said trustees or Trustee for the time being shall have free ingress egress and regress in and about the said last mentioned premisesx without any interuption
AND also that all the furniture plate linen books and other things whatsoever that shall be in and about the said last mentioned premises at my decease shall remain in the same place and an inventory shall be taken thereof
AND All the apartments shall be kept clean and in good order as they have been usually kept during the said year that Mrs REYNOLDS my present housekeeper if she shoukd like to remain be allowed thirty pounds for the said year for taking care of my said house and furniture during that time
AND that the same house and furniture shall for that period be under the superintendance of my said sister Elizabeth BANGER
AND that the same house and furniture shall during the said year be used on every occasion as heretofore for the use and accommodation of my Trustees friends and relations either by night or by day and if the siad Mrs REYNOLDS should decline the care of the said house and furniture then the said Elizabeth BANGER shall appoint some other proper person to superintend the same with a like allowance and at the end of the said one year but notbefore then my Will is that the said furniture plate linen books and other things in the said house and premises shall be given and divided (but not sold by auction) as hereinafter mentioned
I GIVE unto my Servant the said Anne REYNOLDS the bed blankets and sheets and all other the household furniture in and belonging to her bed room front attic in my dwellinghouseto be given to her within one year after my death or sooner if my said trustees shall think fit
ALSO I Give the female Servant that shall be living with me at my death the bed blankets and sheets in which she sleeps and all the household furniture in and belonging to her bed room front attic to be given to her at such time after my death as my said trustees shall think proper
ALSO I Give the man Servant that shall be living with me at my death to be given him in like manner the bed blankets and sheets and all other the bed furniture in the Inner back room in which he sleeps
AND after the end of the said one year after my death I GIVE and bequeath the use of the large glass paintings prints pictures sophas chairs piano carpet and all and singular other the furniture of what description soever which shall be in or belonging to the Drawing room in the messuage or dwellinghouse in the High West Street Dorchester now in my own occupation to my sister Elizabeth BANGER for her life she giving an Inventory thereof and taking proper care of the same
I GIVE to my said sister Elizabeth BANGER(6) and my neices Mary BRYER(7) and Elizabeth SCOTT(8) all my household linen and all my silver plate and china including tea services table services and other sorts and all tea waiters and trays and also my books and all the remainder of my furniture wines liquors other articles and things whatsoever that shall be in my dwelling house at the end of the said year after my decease (the grates and fixtures belonging to the last mentioned three several houses and premises excepted) to be equally divided amongst my said sister and two nieces in such manner as my said Trustees for the time being shall think a fair and equal division thereof
AND all my clothes and wearing apparel I desire to be given to such of my relations and servants as my sister Elizabeth BANGER and my niece Mary BRYER may select and think proper so that the same may be divided amongst them within six months from my death
I GIVE and bequeath unto all and every of my Servants Domestic and Labourers both male and female and whether yearly or weekly Servants in my service or employ at the time of my death the sum of ten pounds each over and above what may be then due to them respectively for wages to be paid to them respoectively within twelve months next after my decease
I GIVE and bequeath unto my said Servant Anne REYNOLDS the further sum of one hundred pounds over and above the ten pounds given her as one of my servantswhich last mentioned legacy shall also be paid to her at the end of 12 months // next after my decease
I GIVE and bequeath the sum of ten pounds to each of my tenants who shall occupy or rent any of my public houses atthe time of my decease to be paid to them in one year after my decease
I GIVE and bequeath unto such of my said trustees and executors hereinafter named and also to such other trustee or trustees who may be nominated under the power hereinafter mentioned and who shall act in the execution of this my Will the sum of one hundred pounds a piece to be paid to them respectively in two years next after my decease
ALSO I GIVE and bequeath the sum of one hundred pounds to be paid to the Governors Directors or Managers of the Salisbury Infirmary at the end of twelve months next after my death
ALSO I GIVE and bequeath to the Honourable Mary Frances Elizabeth STAPLETON daughter of the Honourable Thomas STAPLETON by his late wife the Honourable Maria STAPLETON the sum of two hundred pounds to be paid in two years after my death
ALSO I GIVE and bequeath unto Caroline MOSTYN the wife of Mr Henry MOSTYN of Usk in the County of Monmouth the sum of one thousand pounds to and for sole separate use and to be at her own disposal nothwithstanding coverture and independant of her present or any future husnabd and her receipt alone shall be sufficient discharge for the same
ALSO I GIVE and bequeath unto Caroline MOSTYN the younger daughter of the said Henry MOSTYN the sum of two hundred pounds to accumulate during her minority and to be paid to her with the accumulations on her attaining the age of twenty one years
ALSO I GIVE and bequeath unto my nephews Thomas BOWER , Richard BOWER and the Reverend John BOWER the sum of one thousand pounds each
ALSO I GIVE and bequeath unto
the said William ELIOT the like sum four hundred pounds
ALSO I GIVE and bequeath unto
my said Grand Nephew Edward Owen PAYNE(5) of Dorchester the like sum two hundred pounds
AND also the like sum of two hundred pounds to my nephew the said Reverend Edmund BRYER(4)
AND also to Miss [Blank Space] PICKERING of Weymouth aforesaid I GIVE and bequeath the like sum of two hundred pounds
AND I GIVE and bequeath unto Anthony NEW of Fforthington [Fordington] in the county of Dorset the sum of four hundred pounds
AND I GIVE unto George NEW and [Blank Space] CROSS my Clerks in my Bank at Dorchester and to [Blank Space] JACOB my Clerk in my Bank at Weymouth the sum of one hundred pounds each
I ALSO GIVE and bequeath unto Mrs Catherine SAXTON of Weymouth aforesaid the sum of one hundred pounds AND also to Mrs [Blank Space] WHITE wife of Thomas WHITE Mariner of Weymouth aforesaid the sum of fifty pounds and to and for her sole and separate use independant of the siad Thomas WHITE
ALSO I GIVE and bequeath unto John PEARSON of Plumb Court Temple Gentleman the sum of two hundred pounds AND also to Elizabeth WEST of Queen St Brompton in the County of Middlesex the sum of one hundred pounds
AND I ALSO GIVE and bequeath unto Edmund BANKES the son and Georgina and Maria BANKES the two daughters of my said Trustee the said George BANKES the sum of two hundred pounds a piece and I direct all and ebry the said several Legacies herinbefore by me given to be paid by my Executors at the end of two years next after my decease AND
AS TO the whole of my messuage houses brewery lands and hereditaments situate in Fforthington [Fordington] Dorchester and Weymouth consisting of the following particulars namely the whole place living called 'Cadrows' with the new Malt house the half place living called ?? SAMWAYS with the stores and cellars belonging to the same the Leasehold house occupied by Joseph PITFIELD the cottage called 'Birds' The Court House Malt House gardens stores and cellars belonging to the same together with the buildings of the new Brewery all which buildings and premises are held by me under Leases for lives and also all the sixteen public houses following, that is to say 'The Crown Inn' in Weymouth, 'Bear Inn', 'Globe', 'Royal Oak', 'Duke of Cumberland', 'White Horse', 'Old Rooms', 'White Hart', 'Three Tuns', and 'Boot' all in Weymouth and Melcombe Regis aforesaid ALSO 'The Fishermans Arms' at Wyke [Wyke Regis], 'The New School' at Portland with the part adjoining thereto // 'The Crown', 'The Royal Oak', The Red Lion, and the 'Masons Arms' [Note sale as Queens Arms? (9)] at Dorchester aforesaid some of which said public houses are freehold and of which I am seized in fee simple, others of which are Copyhold of Inheritance and the remainder of which said houses are Leashold and held by me under Leases for lives and for years with their respective rights members and appurtenances and together also with all and singular the utensils of my brewery and farm the large vats and other store casks hogsheads and smaller casks horses waggons drays and all other the implements articles and things whatsoever in and belonging to my said Breweryand the goodwill thereof and also my one share right and interest in the Weymouth Water Company for supplying the town with Water I GIVE devise and bequeath the same and all and every part thereof unto and to the use of the said Robert WILLIAMS, George BANKS and William ELIOT their heirs executors administrators and assigns IN TRUST that they my said Trustees or Trustee for the time being do and shall withall conveinient speed after my decease cause an Inventory to be taken and a valuation to be made of the said Buildings Houses Utensils Implements Vats and all and singular other the Premises lastly hereinbefore devised and bequeathed as aforesaid and Do and Shall carry on conduct and manage my said brewery concern and all matters whatsover relating thereto or in any manner connected therewith for the benefit of my estate in such manner as my said trustrees or trustee shall think moot advantageous until the said Concern and Premises shall be sold conformably to the trusts hereinafter in that behalf contained and do and shall during the interval use and employ all and singular the said lastly devised and bequeathed premises in such manner as to mysaid trustees or trustee shall appear best calculated to improve the said Concern and increase its value
AND I do direct
that neither the Brewery Utensils or Casks or any of the Buildings Lands and Houses attached tothe said concern and premises shall be sold until the expiration of twoyears next after my decease and in the meantime and until such sale it is my Will that my stock of Beer shall be sold by my said trustees or trustee who shall from time to time call in collect and receive my Book and other debts and from time to time invest the monies so to be received when the same shall amount to the sum of three hundred pounds in the Banking House of Messers Williams and Company Bichin? Lane, London to a separate account from the Weymouth Bank Account in the names or name of my said trustees or trustee for the time being
AND I Do declare my Will and Mind to be that at the end of two years after my decease if my said trustees or trustee shall think proper and at all events before the expiration of three years from my decease mysaid trustees or trustee for the time being shall make an offer to sell the said Brewery Concern and the Good Will thereof with the houses lands hereditaments utensils implements vats and all and singular other the premises lastly hereinbefore devised and bequeathed to my said Trustees as aforesaid with the appurtenances unto the said William ELIOT and any person or persons who may be inclined to join with or become a partner with the said William ELIOT if he or they those to treat for any such purchase
AND it is my Will that such sale as aforesaid shall be made at or for the best price or prices and most money that can be obtained or reasonably procured for the same including the Good Will of the said Concern and thatmy said trustees or trustee shall exercise their or his discretion in each sale as they or he shall thoink proper and the receipt of my said trustees or trustee for the purchase money thereof shall be sufficient duischarge to the purchaser or purchasers thereof who shall not be oblicated to see to the application thereof
AND I do empower my said trustees or trustee // for the time being if they or he shall find it necessary and think it advisable to allow the whole or any part or parts of the purchase money of the said premises so to be sold to be secured by way of mortgage thereon with interest at four pounds per cent so however that the whole of the said purchase money and all the interest thereon shall be fully paid and satisfied at or before the expiration of five years from the time of my decease and accordingly I do hereby direct that the Deed ot Instrument or Deeds or Instruments for making such security by way of mortgage as aforesaid there shall be inserted a power or powers to the trustee ot trustees for the time being making any such mosrtgage or mortgages to sell and absolutely to dispose of the said premises to be comprised therein in case of any defaultbeing made in payment of the principal monies and interest thereby securedor any part thereof respectively in the space of six calendar months afterthe time to be appointed for such payment but if my said trustees or trustee shall not at or before the expiration of three years next after my decease be able to carry into effect any contract or agreement for such sale as aforesaid with the said William ELIOT and any other person or persons as aforesaid either jointly or separately inthe manner hereinbefore mentioned then and in such case my said trustees or trustee shall at the expiration of the siad three years make sale and absolutely dispose of the said Brewery Concern and the Good Willthereof and all and singular the said buildings public houses lands hereditaments implements utensils vats and premises lastly hereinbefore devised and bequeathed as aforesaid either by public auction or private contract and either together or in lots or parcels to such person or persons for such price or prices in money and in such manner as my said ytustees or trustee shall think most advantageous and thet their or his recepit or receipts for the respective purchase monies thereof shall be a sifficient discharge and discharges to the respective purchaser or purchasers thereof who shall not be obliged to see to the application thereof
AND it is my Will and I hereby declare that the said Anthony TREW shall continue to be employed in assisting and directing the said Business of the said Brewery Concern and in disposing of the Beer collecting the debts and taking care of the stock and premises in the meantime and until the same shall be sold Upon the trusts hereinbefore in that behalf contained and as a remuneration for which services the said Anthony TREW shall have his present salary of one hundred pounds per annum payable quartely and shall continue to live in the house which he now occupies rent and tax free but the said Anthony TREW shall at all times be under the control and authority of my said Trustees and executors and follow such direction as they shall from time to time give touching the management of the said Concern and shall account to them weekly for the money to be collected by him
AND it is my wish that particular attention should be paid to the keeping of said Accounts And as to for and concerning all my freehold copyhold customary and leasehold messuages lands and tenements Inns public houses and hereditaments whatsoever not by me hereinbefore particularly mentioned devised and bequeathed as aforesaid with their respective rights members and appurtenances I GIVE and bequeath the same unto and to the use of my hereinbefore named trustees the said Robert WILLIAMS, George BANKS and William ELIOT and the survivors and survivor of them their or his heirs executors administrators and assigns respectively IN TRUST to make sale and absolutely dispose thereof either together or in pacels and either by public auction or private contract to such person or persons at such time or times and in such manner as my said trustees or my trustees or trustee for the time being shall think advisable and the receiopt or receipts of my said trustees or trustee for the respective purchase monies thereof shall be a sufficient discharge or discharges to the respective purchaser or purchasers thereof who shall // not be obliged to see the application or non-application thereof
AND it is my Will that the monies to be produced by such sale or sales as last aforesaid and also the monies to be produced by the sale hereinbefore directed to be made of my aforesaid Business Concern and the said several houses buildings hereditaments and premises devised and bequeathed therewith as aforesaid shall go along with and be considered as constituting part of the residue of my personal estate and be applied and disposed of accordingly as hereinafter mentioned
AND AS to for and concerning all the Residue and remainder of my Goods Chattels Stocks Funds Monies and securities for money and all and singular other personal estate and effects whatsoever and wheresoever not hereinbefore specifically bequeathed as aforesaid after and subject to the payment of my just debts and funeral and testementary expenses and the legacies given by this mt will and which shall or may be given by any Codicil or Codicils thereto and all Legacy duties payable in respect thereof I GIVE and devise and bequeath the same unto my hereinbefore named trustees the said Robert WILLIAMS, George BANKS and William ELIOT and the survivors and survivor of them their or his heirs executors administrators and assigns respectively IN TRUST to call in dispose of or otherwise convert the whole of my said residuary personal estate into money and it is my will that my said trustees and the survivors and survivor of them their or hos executors administrators and assigns shall stand possessed of the whole of the money which shall be the produce of my residuary personal estate and also of the monies to be produced by the respective sales hereinbefore directed to be made of my aforesaid Manors hundreds tenements estate lands hereditaments and premises and also of my Brewery Concern and public houses and of my said residuary freehold copyhold customary and leasehold property after payment of my debts and funeral and testemantary expenses and legacies and duties as aforesaid UPON TRUST that they shall and do invest the same from time to time as the monies arising therefrom shall be respectively received in their names in Covenment or real securities or in such other manner as they shall approve of till the whole of my estate and effects are collected gotten in and received and at the end of five years next after my death or sooner if my said Trustees or Trustee for the time being shall think proper but not otherwise then upon TRUST that they shall and do pay and divide and I hereby GIVE and devise bequeath the same and all accumulations that may in the meantime be made thereof in the manner following That is to Say
IN TRUST to and for my nieces the said Mary BRYER(7) and Elizabeth SCOTT(8) the wife of the said Captain SCOTT of the Royal Navy and the said William ELIOT or such of them as shall be living at time of my decease and to and for their respective executors administrators and assigns to be equally divided amongst them if more than one by my said Trustees in equal shares and proportions always and my will is that the share of my niece the said Elizabeth SCOTT in the said monies shall be held by my said trustees IN TRUST for her sole separate and exclusive use and benefit with a power for her to dispose of the same by Will or otherwise notwithstanding Coverture and independently of her present or any future husbandand in the same manner in all respects as if she was a fer'ne? sole and accordingly her receipt in writing under her hand shall be alone an effectual discharge and discharges for the same to my said Trustrees provided always and it is my Will that if the said Trustees hereinbefore nominated and appointed or any or either of them or any trustees or trustee for the time being of this my Will by appointmen succesion or otherwise shall die or be desirous of being discharged of and from or refuse decline or become incapable to act in the trusts hereby reposed in the respectively // as aforesaid or go to or reside beyond Seas before the said trusts shall be fully exercised performed or discharged then and in every such case and when and as often as the same shall happen it shall and may be lawful to and for the survivors or survivor or others or other of my said trustees or the executors and administrators of such surviving or continuing trustee by some writing or writings under his or her or their hand and seal or hands and seals to be testified by two or more credible witnesses from time to time to nominate substitute or appoint any other person or persons to be a trustee or trustees in the place or stead of such present or future trustee or trustees so diring or desiring to be discharges going to reside beyond seas or refusing declining or becoming incapable to act as aforesaid and that when and as often as any new trustees or trustee shall be nominated and appointed as aforesaid ALL the TRUST Estates pwers monies and premises which shall then be vested in the trustee or trustees so diring or desiring to be discharged or refusing declining or becoming incapable to act or going to reside beyond the seas as aforesaid either solely or jointly with the other trustees or trustee shall thereupon with all conveinient speed be conveyed paid assigned surrendered and transferred in such sort and manner and so that the same shall and may be legally and effectually vested in the surviving and continuing trustee or trustees or such new or other trustee or if there shall be no continuing trustee or trustees then in such new trustees only upon such and the same trusts as are hereinbefore declared of and concerning the same or such and so many of the same trusts as shall or may be then subsituting or capable of taking effect and that every such new trustee shall and may in all things act and assist in the management carrying on and execution of the trusts to which he shall be so appointed in conjunction with the other surviving or continuing trustee ot trsitees if there shall be any such continuing or surviving trustee or trustees if not by himselfherself and themselves as fully and effectually and with all the same power and powers authority and authorities whatsoever and to all intents effects constructions and purposes whatsoever as if they or he had been hereby originally nominated a trustee or trustees AND as to the trustee or trustees named in this my Will their heirs executors or administrators in or to whose place such now trustee or trustees respectively shall come or succeed are or is enabled to do or could or might have done under and by virtue of this my Will if then living and continuing to act in the trusts hereby reposed in him or them anything herebefore contained to the contrary thereof in any wise notwithstanding provided also and it is my Will and I do hereby declare that the said several trustees hereby nominated and appointed and the trustees for the time being of this my Will and each and every of them and their heirs executors administrators and assigns of them each and every of them shall be charged and chareable only with and for such monies as the same trustees respectively shall actually receive by virtue of the trusts hereby reposed in him and them nothwithstanding his her or their or any of their giving or signing or joining in giving or signing any receipt or receipts for the sake of conformity and that one or more of them shall not be answerable or accountable for the other or others of them but each and every of them only and respectively for his and her own acts and receipts neglects and defaults respectively and that they or any of them shall not be answerable or accountable for any Banker Broker or other person withwhom or in whose hands any part of the said trust monies shall or may be deposited or lodged for safe custody or otherwise in the execution of any of the trusts or powers hereinbefore contained or in the exercise of any discretion to be reposed in any such trustees or trustee and thet they or // any of them shall not be answerable or accountable for any misfortune loss or damage which may happen in the execution of any of the aforesaid trusts or in relation thereto unless the same shall happen by or though his or their wilful default respectively and then and in that case each person respectively shall singly and alone be answerable for such damage as shall arise from his or her own default AND also that it shall and may be lawful to and for the said trustees in this my Will named and such trustees or trustee for the time being as aforesaid and every of them their - - - - - - - - heirs executors administrators and assigns shall and may by and outof the monies which shall accrue to their respective hands by virtueof the trust aforesaid - - - - -deduct retain and reimburse to and for himself herself and themselves respectively and allow to his and their Co Trustee and Co Trustees all costs charges damages and expenses which they or any of them shall or may suffer sustain expend disburse lay out be at or be put unto in or about the execution of the aforesaid trusts in relation thereto AND I do hereby declare that the receipts in writing of my trustees or trustee for the time being shall in all cases whatsoever exonerate the persons or person paying any purchase or other monies to such trustees or trustee for the same amounts or for so much thereof as insuch receipt or receipts shall be expressed or acknowledged to be received
AND I do hereby nominate constitute and appoint the said Robert WILLIAMS George BANKS and William ELIOT Executors of this my Will I do hereby declare that it is not my ontention that the Legacy Duty or duties payable in respect of any or either of the Legacies hereinbefore bequeathed should be paid by any or either of the persons or Legatees hereinbefore named but I do hereby expressly expressly Will direct and declare that all and every such Legacy duty or duties for or on account of all or any or either of the said Legacies shall be borne and paid by my executors and trustees herein nominated and appointed by and out of all the rest and residue of my real and personal estate and effects
AND I do hereby declare my wish to be buried in a decent and respectable manner in the Church Yard of Fordington aforesaid in a conveinient spot and I direct my executors to present the Vicar for the time being of the said parish with twenty pounds inaddition to his usual fees for leave to have a vault built in the said churchyard and a decent marble monument with a suitable inscription which is my wish should be placed in FForthington [Fordington ] Church and it is my desire that such vault aforesaid be built and cased inside with portland stone and should have a strong arch over it and a suitable large portland stone to cover the same vault from twelve to eighteen inches above the vault with a proper inscrition on the said stone with a low head and feet stone to the same with iron rails round the same
AND I do hereby revoke all former Wills and testamentary dispositions whatsoever by me made at any time or times heretobefore made and I do declare this only to be my Last Will and Testament
IN WITNESS whereof I have to the first fourteen sheets thereof set my hand and to this fifteenth and last sheet my hand and seal this fourteenth day of July in the year of our Lord One Thousand Eight Hundred and Twenty Seven.
W. BOWER
Signed sealed published and declared by the said William BOWER as and for 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 hereunto subscribed our names as Witnesses
James ELIOT No.8 Essex Street Strand : Benjamin D WHITAKER : Thomas PEARSON Junior Clerks to Mr John PEARSON No.6 Pump Court Temple
PROVED: at London 27th April 1829 before the Worshipful Augustus COSTLING Doctor of Laws and Surrogate by the Oaths of Robert WILLIAMS Esquire; George BANKS Esquire; and William ELIOT Esquire the Executors to whom administration was granted being first sworn duly to administer
Genealogical Notes:-
(1). William BOWER (1746-1829) was the third child from the marriage of Edmund BOWER to Elizabeth SHORTO at St Georges Church in Fordington on 26th Jan 1740/1. He was baptised at Holy Trinity church in Dorchester on 22nd Dec 1746 and was the executor and main beneficiary under his fathers will in 1773 inheriting among other things his dwelling and the 'The Royal Oak Inn,. He remained a bachelor and continued to grow his fathers brewing business expanding into banking at Weymouth & Dorchester to become a very wealthy and infuential member of the Corporation. He was admitted as Freemen and elected a Capital Burgess of Dorchester in 1801 and elected Alderman of Dorchester in Oct 1810 replacing John Templeman who had died. He was in partnership with William ELIOT and they traded in High West Street Dorchester as the 'BOWER & ELIOT Bank' which is listed in Pigots Street directory for the year 1830. He was Mayor of Dorchester in 1806, 1812 and 1822. Despite his will requesting his burial at Fordington according to the burial register of Holy Trinity church he died at Melcombe Regis on 27th March 1829 and was buried at Holy Trinity Church in Dorchester on 3rd April 1829. A White and Grey Tablet with a shield of Arms is also on the west wall inside Holy Trinity with the inscription 'Near this place are interred the remains of William BOWER Esquire for many years an Alderman of this borough, Deputy Lieutenant of the County of Dorset, and Lieutenant Colonel of the Dorset Volunteers. He died on the 27th March 1829 aged 83".
(2). Chalmington is a hamlet within the parish of Cattistock
(3). Cerne Totcombe and Modbury Hundred: Modbury itself is now a deserted village in the Bride valley located between Burton Bradstock and Litton Cheney on the river bride, but the hundred includes Cattistock, Cerne Abbas, Godmanstone, Hilfield, Hawkchurch (until 1896) Nether cerne and West Compton
(4). The Rev Edmund BRYER (1776-1854) was the son of Thomas Bryer by his wife Mary nee Bower (William's sister) and baptised at All Saints Church in Dorchester on 21st May 1776. He matriculated at Balliol College Oxford aged 19 on 11th Dec 1794 and awarded a Bachelor of Arts Degree in 1799. He joined the church being ordained a deacon by the Bishop of Exter on 18th Dec 1806 and ordained a priest on 24th Oct 1807 at the Episcopal Palace Bristol. He was appointed curate of Winterborne Clenston on 28th Feb 1807 where he appears to have served until 1825. The above Will meant that he inherited the house in Holy Trinity parish in 1829 and was by then of independent means. He appears to have had problems with his eyesight and the 1830 Street Directory for Dorchester lists him among the Gentry and confirms him as living in High West Street Dorchester. In the June 1841 Census he was still living there, unmarried with his sister Mary BRYER. They are also shown there in March 1851 Census Edmund recorded as being blind and a clergyman with' no cure of souls'. He died at the age of 78 and was buried at Holy Trinity Church in Dorchester on 13th April 1854. He left a Will PROB 11/2190.
(5) Edward Owen PAYNE (1814-1843) was the son of a Captain in the Royal Navy named Charles Frederick PAYNE by his wife Elizabeth BRYER whom he married at Holy Trinity Church Dorchester on 7th January 1811. He was baptised at Ilminster in Somerset on 14th June 1814 and died at the age of 29 being buried at Holt Trinity Church in Dorchester on 21st Feb 1843.
(6). Elizabeth BANGER (1751-1842) was his youngest sister and she married in London in 1780 to William BANGER from Ilminister in Somerset. In the above Will she is left a house in HT Dorchester for life etc. She died at the age of 91 and was buried at Holy Trinity on 29th Dec 1842.
(7). Mary BRYER (1771-1853) his niece was the 2nd child of his sister Mary BOWER by her husband Thomas BRYER and remained a spinster.
(8). Elizabeth SCOTT (1781-1840) William's neice was the 6th child of William's elder brother James BOWER (1741-1795) by his wife Elizabeth nee ELIOT (1748-1834). She married William Isaac SCOTT (1778-1861) on 15th Nov 1804 at her parish church in Lostwithiel in Cornwall. William Isaac Scott became a Rear Admiral in the Royal Navy.
(9) SUBSEQUENT SALE of PROPERTY: The Dorset Chronicle and Somersetshire Gazette: Published 5th Nov 1829: Page 4
On Tuesday unusual interest was excited at the Mart, London, by the sale of the Fordington Brewery Estate, with 16 public houses attached in Weymouth and Dorchester. The property was put up in four lots, by order of the executors of the Late Wm BOWER Esq. The sale room was crowded to excess, and the bidings were uncommonly spirited. The property was consigned to the hammer of Mr.W.W.Simpson.
The First Lot comprised the Fordington Brewery, at Dorchester, with suitable store-houses, counting houses, brewer's residence, garden, stabling, and other buildings, malting, &c., together with the following inns, public houses, and hotels: 'The Crown,
'The Red Lion, and The Queen's Arms public houses, in Dorchester; and the Old Rooms Tavern, the Bear Inn, The Boot, The White Horse, the Three Tuns, the White Hart, the Duke of Cumberland, the Royal Oak, and the Fisherman's Arms public houses in Weymouth,
with sundry other buildings, shops, and tenements attached thereto. Part of the property is leasehold, for various lives and sundryterms, two of the public houses being held for 1,000 years, and
others for less periods. The remainder of the lot is Freehold. The public houses and Inns are let to different tenants, at low rents. The whole after a spitited competition was sold for £10,800to Mr J.H.HAWKINS of this town.
The Second Lot comprised a part of the
Fordington Field Estate, known as Cadrow's
Whole Place Living, opposite the brewery; comprising of 48 acres of arable land, and one acre and a half of pasture; held for three lives aged 27, 47, and 72 year, subject to an annuity of £110during the life of 72, and a quit rent of £3.2s9d: sold for £1,300 to Mr J BEDLOE of Fordington.
The Third Lot, consisting of the freehold Royal Oak Inn in West High Street, Dorchester, let at £72 a year produced £1,880 and was purchased by Mr WADMAN of Horsington
The Last lot comprised the Crown Hotel and Tavern Weymouth, contiguous to the market place let at £105 a year held for three lives aged 10, 40 and 55 years: fetched £1.404. This lot was bought in at the sale but was subsequently sold to Mr Thomas BENNETT of this town - making a total for the whole estate of £15,420.
Other portions of property of the late W.BOWER Esq., which were sold last week at Weymouth by Mr W.J.HILL excited much competitionand realised good prices. [Short note of sale no details held at The Crown Inn Weymouth reported in Dorset Chronicle 29thOct 1829]
The First Lot the small piece of meadow ground in the parish of Charminster in the occupation of Jos. HARDY Esq containing 2R.7F was knocked down to Mr MANSFIELD the Solicitor at £122.
Lot 2 the small freehold house in back West Street in Dorchester in the occupation of Mrs MADDOCKS let for £6 per annum was also after a strong competition of nearly a dozen bidders knocked down to Mr MANSFIELD at £244.
Lot 3 the handsome dwelling house stable coach house and cottage at 9 Gloucester Row Weymouth after a very spitited competition became the property of Mr R.VINING the builder at £930.
Lot 4 the 7 sitting pew in the north gallery of Weymouth church was after a very severe contest knocked down to Mr George ARDEN the solicitor at £140. The two shares under the Dorchester Paving Act were after much opposition knocked down to Mr Edward CROSS at £86. The last lot of one share in the Weymouth Water Works Company caused a contest which excited the atstonishment of the assemby mostlyfrom the determination of the contending parties to get possessedof this single share. It appeared from the elaborate statement of the auctioneer that there were 398 and a half shares in the possession of W. OAKLEY Esq and the like number in the possession of the respresentatives of the late George WOOD Esq which made this share as it subsequently appeared highly desirable to either of those parties by giving them a majority. The biddings commenced at £50 and the lot was eventually after a most determined opposition knocked down to the former Gentleman at £280
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