The Will of Elizabeth Garland

 

This is the last Will and Testament of me Elizabeth Garland of Worgate Cottage in the Out Parish of Lady St Mary Wareham in the County of Dorset Spinster which I make as follows that is to say First I direct that all my just debts funeral and testamentary expences be paid and discharged by my Executors hereinafter named I give and bequeath unto my Niece Arabella Garland (daughter of my late brother James Pointer Garland) my Gold Watch Chain Seals and appendages together with all my wearing apparel of every description to and for her own use & benefit Also I give and bequeath unto my Niece Sarah Watts Garland otherwise Payne a Silver Bread Basket and Silver Tea Caddie Also I give and bequeath unto my Nephew Watts John Garland otherwise Payne one pair of silver butter tureens and ladles and tow pairs of silver candlesticks Also I give and bequeath unto my said nieces Arabella Garland and Sarah Watts Garland otherwise Payne their executors and administrators all my household goods furniture books plate linen woollen china and glass not before disposed of to be equally divided between them share and share alike Also I give and bequeath unto my friend Horatio Bland of Liverpool Esquire and Robert Taylor of Corfe Castle in the said County of Dorset Esquire their executors administrators and assigns the sum of three thousand pounds stock now standing in my name in the three and a quarter per cent annuities Upon the trusts following that is to say As to the sum of two thousand five hundred pounds stock part of the said sum of three thousand pounds stock In trust for and I give and bequeath the same together with such dividends as may be due thereon at the time of my decease unto my said niece Arabella Garland to be a vested interest and to be payable as soon as my said niece Arabella Garland shall attain her age of twenty one years the interest and dividends thereof in the mean time to be applied for her maintenance As to the sum of three hundred and fifty pounds stock further part of the said sum of three thousand pounds stock In trust for and I give and bequeath the same together with such dividends as may be due thereon at the time of my decease unto my said niece Sarah Watts Garland otherwise Payne her executors administrators and to be assigns transferred and paid to her or them as soon as may be convenient after my decease And as to the sum of one hundred and fifty pounds stock the remaining part of the said sum of three thousand pounds stock In trust for and I give and bequeath the same together with such dividends as may be due thereon at the time of my decease unto my said nephew Watts John Garland otherwise Payne his executors administrators and to be assigns transferred and paid to him or them as soon as may be convenient after my decease Also I give and bequeath unto my said nephew Watts John Garland otherwise Payne his executors administrators and assigns the sum of two hundred pounds now due to me and secured on the Tolls of the South Branch of the Wareham Turnpike Road and the securities of the same with such interest as may be due thereon at the time of my decease Provided only that such sum or any part thereof shall be due to me on the Tolls of the said Turnpike Road at the time of my decease but not otherwise as I may have occasion to call in the same and apply the money to my own private use during my lifetime Whereas I am entitled to the sum of Seven hundred and fifty pounds secured to me by the Bond of my brother Joseph Garland Now I do hereby give and bequeath the said Bond debts unto the said Horatio Bland and Robert Taylor their executors administrators and assigns Upon the trusts following Namely Upon trust that they my said trustees shall and do call in and require the payment of the sum of fifty pounds of such bond debt of Seven Hundred and fifty pounds and that they do and shall apply the same of so much thereof as may be necessary in liquidating and discharging my funeral expences And as to the remaining sum of Seven hundred Pounds In trust to permit and suffer and I hereby request and desire them my said Trustees for the time being to allow the same sum to remain secured by the Bond of my said brother Joseph Garland and that they do and shall receive and take the interest and income thereof and pay apply and dispose of the same unto my said brother Joseph Garland for and during the term of his natural life And from and immediately after the decease of my said brother Joseph Garland Then I desire my Trustees or Trustee for the time being to call in and require payment of the sum of the said sum of seven hundred pounds for the purpose of distribution And when and as soon as the said sum of seven hundred pounds shall be got in and received Then I direct my said Trustees or Trustee for the time being to divide the same between and amongst my nieces Susan Wright Mary Brittan Widow and Elizabeth Crabb the wife of James Crabb (the three daughters of my late Sister Mrs Mary Wright) also Jane Maxwell the wife of Captn Maxwell and Emily Frances Garland the two daughters of my brother George Garland and also Mary Garland and Sarah Garland (the two daughters of my said brother Joseph Garland) their several and respective executors and administrators equally to be divided between them share and share alike And I do declare that the receipts of my said niece Elizabeth Crabb shall alone be a sufficient discharge to my said trustees and executors for the legacy or share allotted to her as aforesaid and that such legacy or share shall not be subject or liable to the control power debts or engagements of her present or any future husband All the rest residue and remainder of my real and personal estate property chattels and effects of whatsoever description and not hereinbefore disposed of I give devise and bequeath the same and every part thereof unto my said niece Arabella Garland her heirs executors administrators and assigns for ever to and for her and their own use and benefit And in case my said niece Arabella Garland shall be left unprotected by my decease then I request that her aunt Mrs Hutton of Clifton Park Birkenhead shall take the charge of her agreeable to her promise to me And it is my Will and I do hereby declare that the receipts and releases of my said Trustees shall be valid discharges in respect of the matters to which they relate and that the parties taking the same shall not be liable for any subsequent loss or misappropriation by my Trustees and I also declare that each trustee under my Will shall be liable for his own wilful acts and defaults only and may receive or retain his trust expences and I nominate constitute and appoint the said Horatio Bland and Robert Taylor Joint Executors In trust of this my Will hereby revoking all former and other Wills by me at any time heretofore made In witness whereof I the said Elizabeth Garland have to this my last Will and Testament contained in four sheets of paper set my hand and seal that is to say to the first three sheets I have subscribed my name and to this fourth and last sheet I have subscribed my name and affixed my seal the twentieth day of May in the year of our Lord One thousand eight hundred and forty six Elizabeth Garland

(Attestation Clause)

Thomas Hammond House
Rebecca Hammond
Robt A Marshfield

Proved at London 29 October 1850
PCC
Prob11/2120