I Francis Hart Toop of Boscombe near Bournemouth in the County of Southampton Fly Proprietor, hereby revoke all former Wills and testamentary dispositions and declare this to be my last Will and Testament.  I appoint Robert Toop of 12 Westover Villas Bournemouth aforesaid Lodging-house Keeper and Henry Lovell of Wimborne in the County of Dorset Coach Builder (hereinafter called my Trustees) to be the Executors and Trustees of this my Will.  I bequeath my Watch and chain unto my Son Francis Hart Toop.  I bequeath all pictures prints books plate linen china household furniture and household effects unto my Trustees upon trust to divide the same amongst such of my children as may survive me in such manner as they in their absolute discretion may think just so that each may have something in remembrance of me.  And whereas I am possessed of four shares in the Christchurch Building Society for which I pay one shilling per week each in the names of myself and my Sons Francis Hart Toop Henry Robert Toop and George Coates Toop, respectively which said shares I give and bequeath as follows that is to say the share standing in my own name to my daughter Charlotte Elizabeth Toop for her own absolute use and benefit and the remaining three shares unto my said Sons in whose names they are respectively new standing.  I direct that my favourite old horse “Jeremy” shall not be sold with the business hereinafter referred to but so long as it may be of use may be lent by my Trustees to any of my said Sons who may purchase the business for use in the business so long as he shall be fit for work and when no longer fit for work my Trustees shall have him shot and buried and if more of my Sons shall purchase the business my Trustees shall use him in such manner as they may think fit and if necessary maintain him for such period as they may deem proper at the expense of my trust estate.  I bequeath as my carriages and horses and stock in hand together also with all the residue of my estate and effects both real and personal unto my Trustees upon the trusts and with and subject to the power and provisions hereinafter declared concerning the same that is to say upon trust that my Trustees shall continue to carry on the business of a Fly Proprietor now carried on by me at Boscombe aforesaid until the same shall have been disposed of in manner hereinafter mentioned and with liberty also for my Trustees to employ any or either of my Sons or any other person or persons to be the manager of the said business and to pay and allow such manager or managers assistants and servants such salaries and wages and generally to conduct and carry on the said business in such manner as my Trustees shall in their discretion think fit.  And I declare that the profit arising therefrom shall fall into and form part of my residuary trust ‘Estate’ and subject to the direction hereinbefore contained in relation to the carrying on of the said business.  I direct that my Trustees shall from and out of my ready money pay m funeral and testamentary expenses and debts and in case the same shall be insufficient for the purpose then I direct that my Trustees shall sell and convert into money such part of my real and personal estate as shall be sufficient to make up the deficiency and I declare that immediately after my decease my Trustees shall offer the goodwill of the said business together with the lease of the premises at which the business is now carried on and the horses carriages and other stock in hand for sale to my Sons in order one after the other in according to seniority of age, and if all my Sons shall decline such offer my Trustees shall sell the said business to any person or persons and in such manner as they shall think fit.  And I declare that each of my Sons to whom an offer of sale shall be made as the aforesaid shall be allowed twenty one days within which he must either accept or decline such offer and if he shall not accept the same within such twenty one days he shall be deemed to have declined it.,  And I further declare that if either of my Sons shall purchase the business and shall pay one moiety at least of the purchase money at the time of completing the purchase the remaining moiety or any less proportion of the purchase money may (if my Trustees shall consider that such balance is sufficiently secure but not otherwise) remain a debt from him to my Estate for such reasonable period as my Trustees may think fit from the date of completion and shall be secured in the mean him together with interest thereon at the rate of Five pounds per centum per annum in such manner as my Trustees may think advisable.  And I further declare that if either of my Sons shall accept the said offer the price is be paid for the said Goodwill lease and stock in trade shall be ascertained by the valuation of two indifferent persons one to be named by my Trustees and the other by the Purchaser or in case of their disagreement by an umpire to be chosen by such two valuers and if either party shall fail to name a valuer or to modify it in writing to the other party for the space of ten says after the day on which the offer shall be accepted or if the valuer named by either party shall effuse or neglect to act then the valuation shall be made by the valuer of the other party alone provided always that no purchase under this my Will shall be obliged or concerned to see or enquire whether the business has been duly offered for sale to my said Sons so hereby directed nor whether any such offer shall have been accepted or declined nor shall the title of such purchase be afterwards impeached or the ground that the said business had not previously been duly offered for sale as aforesaid or that such offer (if made) had not been duly declined.  And I declare that if either of my Sons shall purchase the business as aforesaid he shall; also have the option of purchasing the residue of my real and personal estate at a price to be determined by valuation in the same manner as is hereinbefore directed with regard to the purchase money of the business such option to be exercised within ten days from his agreeing to purchase the business.  And if the same shall not be so purchased by the Purchaser of the business then I direct my Trustees with all convenient speed to sell and convert the same into money in such manner as they may think fit.  And do stand possessed of the proceeds of such sale and conversion and the monies to such from the sale and carrying on of the business as hereinbefore mentioned (herein after called the residuary trust funds).  Upon trust for my children Maria Elizabeth Davies Widow Charles Toop Francis Hart Toop Susan Ann Turner the wife of John Turner Rachel Joan Toop William John Toop Henry Robert Toop Francis Louise Toop George Coates Toop and Charlotte Elizabeth Toop in equal shares and proportions provided always that if either of my said children shall die in my lifetime, leaving a child or children who shall survive me, and being a Son or Sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry under that age then in every such case the last mentioned child or children shall rate (and if more than one equally between them) the share which his her or their parent would have taken of and in the residuary trust funds if such parent had survived me and attained the age of twenty one years.  And I declare that if any Grand-daughter of mine shall marry while an infant the income of the share (if any) of the residuary trust funds to which she shall for the time being be entitled in possession under this my Will may be paid to her during her infancy and her receipt alone shall be sufficient a sufficient discharge for the same.  And I also declare that my Trustees may at their own discretion raise any part or parts not exceeding together one moiety of the expectant share of any Grand-child of mine under this my will and apply the same for his or her advancement preferment or benefit as my Trustees shall think fit.  And I declare that any person liable to pay money to my Trustees for the purpose of this my Will may by the written direction of my Trustees pat the same to any one of them or to their Solicitor or Agent on their behalf according to such direction and on making such payment shall be free from all responsibility in respect thereof.  In Witness whereof I have hereunto set my hand this eighteenth day of July One thousand eight hundred and eighty eight. Signed by the Testator Francis Hart Toop as and for his last Will and Testament the same being contained in this and the two preceding sheets of paper in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses.   C H Hutchings Bournemouth Solicitor   Frank Holloway His Clerk   Proved at Winchester the twenty eighth day of September 1888 by the Oaths of Robert Toop the brother and Henry Lovell the Executors to whom the Administration was granted.   The Testator Francis Hart Toop was late of the Hotel Mews, Boscombe near Bournemouth in the County of Southampton, Fly Proprietor and died on the ninth day of August 1888 at the Hotel Mews aforesaid.   Personal Estate           £ 686:11:10 Gross                                   £ 380:17:6 Net   Extracted by C R Hitchings, Solicitor, Bournemouth   Click here to view Francis Hart Toop's Son's Will You can also view the wills of Francis Hart Toop's three brothers,  Charles Toope, Robert Toop & William Head Toop and also his sister Ann Coates nee Toop