Weymouth & Melcombe Regis

THIS IS THE LAST WILL AND TESTAMENT Of me Catherine Tizard of Weymouth in the county of Dorset widow. Whereas my late husband notwithstanding his will whereby in affectionate consideration he left all his estate and effects to me and at my sole disposal trusting to my prudence and discretion in so distributing it amongst his family as circumstances might require has nevertheless in former years made a will wherein he had taken into consideration what his children had derived from other sources with a view of equalizing the possessions of all. Now therefore I taking such the former will of my said late dear husband as my guide and with the view of carrying out his intention to the utmost do make and ordain that this be my last will and testament

and first I give and bequeath unto my daughters Beata Tizard and Sarah Rebecca Tizard all my household goods and furniture paintings books china linen and plate to be divided equally between them share and share alike

and secondly I give and bequeath to my daughter Ann George wife of William George all that the household furniture and other effects belonging to me which is now in and upon the house occupied by the said William George at Bridport in the said county of Dorset to and for the sole separate and absolute use of the said Ann George and free from the debts inabilities and controul of the said William George her said husband

and thirdly I give devise and bequeath all and every my estate effects both real and personal of whatever nature or kind the same may be except the household furniture and effects to bequeathed as aforesaid unto my sons Henry Tizard of Tisbury in the county of Wiltshire surgeon and John Tizard of Weymouth aforesaid solicitor their heirs executors Administrators and assigns and to the survivor of them and the executors and administrators of such survivor.

To have hold receive and take the same according to the several n..t.s estate and properties thereof. & upon trust within a fit and reasonable time after my decease to sell and convert into money all my said real and personal estate and effects and to stand possessed of the proceeds thereof on trust and for the several ends? interests and purposes (which)/that thereafter mentioned that is to say In trust in the first part to pay and discharge all my just debts funeral and testamentary expenses and after pa..out? thereof to pay the several legacies next hereinafter mentioned that is to say.

To my husbands son Joseph Tizard the sum of two hundred pounds to my daughter the said Ann George the sum of Two hundred pounds to my said daughter Beata Tizard the sum of one thousand two hundred and fifty pounds to my daughter Sarah Rebecca Tizard the sum of one thousand two hundred and fifty pounds to my grandson George Langrish Tizard the sum of one hundred pounds to my said son Henry Tizard the sum of three hundred pounds and to my said son John Tizard the sum of six hundred pounds I having had the regard in the allotment and division of the said several sums to the various provisions already made by my husband myself and others in favor of the several legatees of this my will and I declare that the said legacies shall be subject to such powers provisoes and restitutions and I shall hereinafter declare and appoint concerning the same and first as to the bequest to my said daughter Ann George my trustees I declare shall bound? possessed thereof. In trust to pay the same to my said daughter Ann George for her sole separate and absolute use and free from the debts liabilities and controul of her husband the said William George and as to my said grandsons the said George Langrish Tizard legacy. In trust to stand Seized and possessed of the same and the interest and annual dividends thereof until the said George Langrish Tizard shall attain the age of twenty one years and then to pay over the same with the interest & dividends to the said George Langrish Tizard for his sole and absolute use.

and I hereby declare that if certain of my said children shall die during my lifetime or my said grandson George Langrish Tizard shall die before attaining the age of twenty one years that their respective legacies shall form and become part of the residue of my said estate and to be disposed of as hereinafter mentioned.

and I hereby declare that my said legacies shall not become payable until after the expiration of one year from my decease and first that my trustees shall stand possessed of the income and the interest and annual proceeds of my property for such the year immediately subsequent to my decease.

In trust to apply either the whole or such part or parts thereof as may be necessary to keep up my house and establishment as it now is so as my said daughters Beata Tizard and Sarah Rebecca Tizard who now reside with me shall have a home during such year at my said house if they think fit

and should the annual proceeds and income and interest of my property be more than sufficient for such purpose then I declare that the surplus shall form part of my estate and effects

and I also direct my trustees to pay the legacies so left as hereinbefore is mentioned to my daughters Beatha Tizard and Sarah Rebecca Tizard out of the first monies that shall come to their hands under the provisions of this my will

and as to the rest and residue of my said estate and effects (if any) I hereby declare that my said trustees shall stand possessed of the same for the use of my children who may be living at the time of my decease and to divide the same amongst them share and share alike as tenants in common

and I hereby declare that should my estate and effects after payment of my just debts and funeral expenses be not sufficient to pay the several legacies so left as hereinbefore is mentioned that the same shall abate ra..ably and proportionally

and I declare that the trustee or trustees for the time being of this my will shall be chargeable only with such monies as they or he respectively shall actually receive and shall not be answerable the one for the other of them.

and that the said trustee or trustees for the time said may reimburse themselves or himself out of the monies which shall come to their or his hands under the trust aforesaid all expenses to be incurred in or about the execution of the aforesaid trusts.

and I declare that the receipt or receipts of the trustees or trustee for the time being of this my will for any sum or sums of money payable to them or him under or in virtue of this my Will shall be an effectual release and discharge or effectual releases and discharges for the same or for so much thereof as in such receipt and receipts shall be expressed to be received and that the person or persons paying such sum or sums of money shall not be bound to see the application nor be answerable for the misapplication or nonapplication of the same.

Provided always and I do hereby declare that if the trustees appointed in this my Will or to be appointed as hereinafter or any of them or their or any of their heirs executors administrators or assigns shall happen to die or be desirous of being discharged from or refuse or decline or be incapable to act in the trusts hereby in them respectively reposed aforesaid or shall as to reside abroad before the said trusts shall be fully executed then and in such case and when and to after as the same shall happen it shall and may be lawful to and for my said trustee or trustees for the time being or for the then surviving or continuing trustee or trustees or the executors or administrators of the last survivors or continuing trustee by deed from time to time to appoint any other person or persons to be trustee or trustees in the stead or place of the trustee or trustees so dying or desiring to be discharged or refusing declining or becoming incapable to act or going to reside abroad as aforesaid And when and so often as any new trustee or trustees shall be appointed as oresaid all the trust estates moneys and premises or such of them as shall then remain subject to the trusts aforesaid shall be thereupon with all convenient speed conveyed assigned and transferred in such sort and manner and so as that the same shall and may be legally and effectually rested in the person or persons so to be appointed as aforesaid either solely or fou..ly with the surviving or continuing trustee or trustees as occasion shall require to the n..s and upon and for the trusts intents and purpose hereinbefore expressed and declared of and concerning the said trust estates moneys and provisions or such of them as shall be then subsisting undetermined and capable to taking effect and the person or persons so to be appointed as aforesaid shall have all the powers and authorities of the trustee or trustees in whose room he or they shall be substituted.

And that everyone of the said trustees for the time being who in the exercise? Of his profession shall transact any business relative to the said trusts shall be entitled out of the said trust monies to his full professional charges and allowances and not merely to his bare costs charges and expenses.

And lastly I appoint my said sons Henry and John Tizard trustees and Executors of this my Will.

In witness whereof I the said Catherine Tizard have to this my last Will and Testament contained in four sheets of paper as regards the first three sheets set my hand and to the fourth or last sheet my hand and seal this eighteenth day of September in the year of our Lord one thousand eight hundred and fifty four.

Catherine Tizard - Signed Sealed published and declared by the said Catherine Tizard as and for her last Will and Testament in the presence of us who in her presence and at her request have subscribed our names as witnesses hereto -

Ann Slade Webb Wimborne Francis Dally Weymouth

Proved at London 9 th Octr 1854 before the Judge by the oaths of Henry Tizard and John Tizard the sons the executors to whom admion was granted having been first sworn by Co.. duly to administer.