This is the last Will and Testament of me Arabella Elizabeth Ray Ellary of Weymouth and Melcombe Regis in the County of Dorset Widow made and published this twenty third day of April one thousand eight hundred and twenty seven ffirst it is my request and I hereby Will and direct that my remains be intered in the Vault in which my dear deceased husband is buried in St Edmund’s Church in Salisbury and I give and bequeath unto the Minister and Churchwardens for the time being of the said Parish the sum of one hundred pounds in trust to invest the same on government or other good security at interest the annual dividends and interest whereof to be expended and distributed in bread yearly on the twenty third day of January forever to necessitous poor persons of the said parish not receiving Parochial Relief I also give to the Mayor and Corporation of Weymouth and Melcombe Regis for the time being the sum of one hundred pounds in trust to invest the same on government or other good security at interest the annual dividends and interest whereof to be expended and distributed yearly on the twenty third day of January forever to necessitous poor persons of the Parish of Melcombe Regis not receiving Parochial Relief all the rest and residue of my money and securities for money and all other my estate and effects whatsoever I give devise and bequeath unto my friend Captain Joseph Simmons of the Royal Navy now residing at Southsea Portsmouth my Uncle James Dowell of Bordsley near Birmingham and my Cousin John Dowell of Bristol to hold the same unto the said Joseph Simmons James Dowell and John Dowell and the survivors and survivors of them and the executors administrators and assigns of such survivor nevertheless upon the trusts and for the ends interests and purposes hereinafter expressed and declared that is to say in trust to pay one moiety or equal half part of the annual rents dividends and interest thereof unto Mrs Elizabeth Beddome the Wife of Mr Boswell Beddome of Weymouth and Melcombe Regis aforesaid for her own separate use during her natural life independently of her said husband or any future husband and not to be subject or liable to the debts or control of any such husband and from and after her decease in trust for all or any one or more of the children of her the said Elizabeth Beddome in such part s shares and proportions or disproportions and at such ages and times and in such manner and form either as trustees for sale or otherwise as the said Elizabeth Beddome shall notwithstanding her coverture and whether covert or not by deed or by her last Will and Testament in writing duly executed direct or appoint or give or devise the same and for want of or in default of any such direction or appointment gift or devise by the said Elizabeth Beddome in trust for all and every the children and child and grandchildren and grandchild of the said Elizabeth Beddome who shall be then living and their respective executors administrators and assigns the grandchildren nevertheless to be entitled to the shares and proportions share or proportion only which their his or her respective parents or parent would have been entitled to if living but if the said Elizabeth Beddome shall happen to die without leaving lawful issue her surviving then as to the said moiety of my said estate and effects upon and for the like trusts and purposes as hereinafter declared and expressed of and concerning the other moiety of my said estate and effects and as to the said other or remaining moiety or half part of my said estate and effects in trust to pay the annual rents dividends and interest thereof unto and equally between my Nephews and Nieces for the time being until they shall respectively attain the age of twenty one years or marry under that age and upon trust on their respectively attaining that age or marrying under that age to assign and pay to them respectively their respective shares of the said principal money s estate and effects or to their heirs executors administrators and assigns to whom I give and devise the same provided always and I hereby further will and direct that in case any of the trustees herein named or appointed or any succeeding or other trustees or trustee of the said moneys and estate to be nominated and appointed as hereafter is mentioned shall depart this life or be desirous to be discharged from the executions of the said trusts or be uncapable to act in the trusts of this my will before the same shall be fully performed or determined it shall be lawful for the surviving or continuing or any acting trustees or trustee for the time being of their or his own authority at any time or times and from time to time as often as there shall be occasion to nominate substitute or appoint any other person or persons to be a trustee or trustees in the place or stead of the trustee or trustees so dying or desiring to be discharged or becoming uncapable to act as aforesaid for all or any of the trusts or purposes of this my will expressed and then remaining unfulfilled or undetermined and when and as soon as any such trustee or trustees shall be nominated substituted or appointed as aforesaid all and singular the trust moneys estate and effects shall with all convenient speed be assigned conveyed and assured so and in such manner that the same shall and may become vested in such surviving and new trustee or trustees or in such new trustee or trustees only as the case may require upon the trusts and for the ends intents and purposes hereinbefore declared and expressed concerning the same respectively or such of them as shall then be subsisting or capable of taking effect and every which new trustees or trustee shall or lawfully may act in the execution of the said trusts as fully and effectually to all intents and purposes whatsoever and with the same of like powers authorities and indemnifications in all respects as if he or they had been originally appointed a trustee or trustees by this my will and I hereby further will and direct that it shall be lawful for my trustees from time to time to reimburse themselves from and out of the said trust moneys and estate all such costs charges and expenses whatsoever as they or any or either of them shall pay bear or be put unto in or about the execution of the said trusts or of this my will or in anywise relating thereto and further that they my said trustees or any or either of them their or any or either of their heirs executors administrators and assigns shall be answerable for himself and themselves only and respectively and not one for the other or others of them but each for himself only and for his own acts and defaults and that they or any or either of them shall be charged or chargeable with or for such sum or sums of money only as shall actually come to his or their own respective hands by virtue of any or either of the trusts aforesaid notwithstanding their or any or either of their joining in any receipt or other act for the same of conformity only or for the greater satisfaction only of the person or persons paying the same and that any or either of them shall not be answerable for any loss which may happen in placing out or investing all or any of the said trusr moneys in or upon any such securities as aforesaid or changing or varying the same or any part thereof under or in pursuance of the powers hereinbefore contained save only and except such loss shall happen or be occasioned by or through their or his defaults or negligence And I nominate and appoint the said Joseph Simmons James Dowell and John Dowell Executors in trust of this my will hereby revoking all former Wills and Codicils by me at any time heretofore made and I declare this to be my last Will and Testament In Witness whereof I have hereto set my hand and seal that is to say to the first three sheets my hand and to this fourth and last sheet my hand and zeal the day and year first before written _ Arabella E R Ellary

(Attestation Clause)

John Henning Attorney Weymouth  _  John Symes  _  Wm S Fookes

Proved at London 24 March 1845

PCC Prob11/2014
 

This Will was kindly  transcribed and sent in by Ros.

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