[Punctuation added by me.]
Will of Henry Pooley
[first husband of Alicia
Almeria Widdrington]
This is the last Will and Testament of me[,] Henry Pooley[,] Captain in
the Corps of Royal Engineers[.] ffirst
I direct that all my just debts and funeral and testamentary expenses shall be
fully paid and satisfied out of my residuary estate and effects[.] I then hereby bequeath unto my beloved wife
Alicia Almeria Pooley in case she should survive and outlive me[,] the full
sums of monies vested in and standing in my name in Government stocks or public
funds or other securities[,] two thirds part thereof for her proper use and
absolute benefit for ever[,] the remaining one third part thereof upon trust to
permit her my said dear wife to receive and take out the monies dividends and
profits thereof for her use and benefit during the term of her natural life and
from and after her decease to be disposed of as hereinafter declared and
mentioned[.] And further I give devise
and bequeath unto my said dear wife in case she should survive me all my
household goods[,] furniture[,] plate[,] linen[,] chattels[,] ready money and
Personal Effects of what nature or kind soever for her own proper use and
benefit for ever[.] And whereas by the
last will and testament dated twenty third of April one thousand eight hundred
and twenty one of my late ffather The Reverend Henry Pooley of the Parish of
Newlyn in the County of Cornwall[,] Clerk[,] a share of the Settlement money of
his marriage with my Mother Loveday Pooley is therein vested and bequeathed
from and after the decease of my said Mother to my own proper use and benefit
as out of their children living at the time of the decease of the said Reverend
Henry Pooley[.] Now my will is and I
hereby direct and appoint that the said full share to which I am thus entitled
shall be given to my dear wife Alicia Almeria Pooley in case she should survive
and outlive me[.] Upon trust the income
dividends and profits thereof to be applied to her proper use and benefit
during the term of her natural life and from and after the decease of my said
dear wife or in case my Mother should outlive my said wife[,] and this said
money should not fall to my said wife in her lifetime than it shall be disposed
of in manner hereinafter mentioned[.]
And whereas under this my will the one third part of the sums standing
in my name in Government stocks or public funds or other money to which I am
entitled after the decease of my Mother is bequeathed to my dear wife Alicia
Almeria Pooley upon trust during her natural life[.] Now my will and meaning and I hereby direct and declare that in
the event of my leaving no issue by my present dear wife the whole of the
aforesaid trust estate and premises shall after her decease be divided into
three distinct portions or shares and each said share after deducting four
pounds lawful money from each for the purpose hereinafter mentioned in favor of
my dear Sister Mary Hardy should she be living at the time of my decease but
not otherwise shall revert to and be vested in my Brothers George Pooley[,] a
Lieutenant in the Royal Navy[,] Charles Pooley[,] a Captain in The Honourable
East India Company’s service and John Mason Pooley[,] Gentleman[,] respectively
or in case of the death of my said Brothers or either of them respectively and
the death of either of their respective wives[,] then each of the said several
portions or sums of money as before declared and subject ot the before mentioned
deductions and conditions shall be divided in equal portions amongst the
respective children of each of my aforesaid brothers for the absolute benefit
of each severally and for vested interest in them respectively as tenants in
common and not as joint tenants after their each attaining the age of twenty
one years of age. As a token of my love
and affection I then hereby bequeath to my dear Sister Mary Hardy should she be
living at the time of my decease twelve pounds lawful money being the three
sums of four pounds each ordered to be deducted and taken out of the before
mentioned shares willed to each of my said Brothers George Pooley[,] Charles
Pooley and John Mason Pooley or their respective children the more ample means
enjoyed by my said dear sister being the sole reason for her being excluded
from share and share alike with my said brothers[,] but should there be any
children of my marriage with my present dear wife then and in that case my will
is that all monies and every property of every kind and nature soever bequethed
by me in this will to my dear wife shall at her death be applied to the only
proper use benefit and behoof of all and every one of my children by my present
wife who may be living at the time of my decease or born in decline after[.] And whereas by the last will and testament
of the late Lieutenant General Sir Latimer Widdrington[,] Knight[,] Commander
of the Royal Guelphic Order[,] bearing date the thirtieth of June one thousand
eight hundred and thirty seven[,] he gave and bequeathed unto his daughter
Alicia Almeria Pooley in trust for her life and for the lives of Henry Pooley
her husband and their children lawfully begotten six thousand pounds out of the
stock or funds three per cent consols the reversion of which said six thousand
pounds 3 pr cent consols in case of the death of Alicia Almeria Pooley and of
me her husband without issue passes by the residuary clause to the children of
General Widdrington viz[,] The Reverend Sidney Henry Widdrington[,] Captain
Adolphus Widdrington and Alicia Almeria Pooley[,] and therefore I become
entitled to one-third thereof [.] As
the representative of my dear wife from and after her decease Now my Will is in
chattase [?] and I do hereby in pursuance and by virtue of the power and
authority to me in that behalf given and reserved in this last mentioned will
and of all other powers and authorities enabling me in this behalf[,] direct[,]
limit and appoint the said portion of each other portion or share to which I
may be legally entitled unto my dear wife’s brother Captain Adolphus
Widdrington or his wife Charlotte Phipps Widdrington during their lives or that
of the survivor for their own absolute benefit and that of their
children[.] And provided always that I
outlive my dear wife and leave no issue of my marriage with my said dear wife
then and in that case I also give and bequeath unto Captain Adolphus
Widdrington or his wife Charlotte Widdrington him surviving or to their child
or children them surviving for their proper use and benefit for ever the full
sums of monies standing in my name in Government stocks or public funds or
other securities subject to the aforesaid and declared deductions of the part
thereof settled upon trust on my dear wife during her natural life and disposed
of after her decease as herein before mentioned[,] I likewise with the before
mentioned proviso and condition that I outlive my dear wife and die without
issue bequeath all my household goods[,] plate[,] linen[,] furniture[,]
chattels[,] ready money and personal effects of what nature and kind soever to
the said Captain Adolphus Widdrington[,] his heirs[,] executors and assigns for
their proper use and benefit for ever[,] subject only nevertheless so the
following deductions which I bequeath as legacies in token of my love and
affection viz[,] that is to say[:] To the Reverend Sidney Henry Widdrington[,]
fifty pounds lawful money[,] To my Nephews George Charles Widdrington Curtois
and Rowland Latimer Sidney Curtois each respectively fifty pounds[,] and to the
former said Nephew George Charles Widdrington Curtois[,] I bequeath my wife’s
pearl watch[.] And I do hereby nominate
and appoint my friends the Reverend Sidney Henry Widdrington of Bath[,]
Clerk[,] and Captain William Burnaby Greene[,] Royal Navy[,] of Wyckham in the
County of Hampshire[,] their heirs[,] executors[,] administrators and
assigns[,] Executors in a trust of this my will and do hereby declare[,] order
and direct that the said Sidney Henry Widdrington and William Burnaby Greene[,]
their heirs[,] executors[,] administrators and assigns shall at all times
retain and keep in their hands and each of their hands out of my said estate
and effects sufficient monies to answer the purposes of this my will and also
to reimburse and pay themselves and himself all monies costs and charges
attendances and expenses whatsoever which they be or any of them shall expend
or be put unto in and about the trusts hereby in them reposed[,] and that they
or other of them shall not be answerable or accountable for any larger or other
sum or sums of money than shall be actually received by them or other of them
or for any loss or deficiency whatsoever which may happen in or to the said
trust monies or effects or in any way relating to the same so as the same do
not happen with or by their or his wilful default[,] and that the one of them
shall not be answerable for the other of them or for the arts and deeds of the
other of them but care for himself only and for his own and separate
art[.] And I do hereby revoke all
former wills by me made In witness whereof I have to this my last will and
testament written on eight sheets of paper to the first seven sheets thereof
set my hand and to this eighth and last sheet my hand and seal this sixth day
of October[,] one thousand eight hundred and forty one --- Henry Pooley ---
(L.S.)---Signed[,] sealed[,] published and declared by the said Testator Henry
Pooley as and for his last will and testament in our presence who at his
request in his presence and in the presence of each other have subscirbed our
names as witnesses hereto --- Harriet Widdrington[,] Bath[,] Somersetshire ---
Joshua Jebb[,] Captain Royal Engineers[,] 7 Somers Place[,] London.
Proved at London 6th December 1843 before the Judge by the oaths of The
Reverend Sidney Henry Widdrington[,] Clerk[,] and William Burnaby Greene[,]
Esquire[,] the Executors to whom Administration was granted having been first
sworn by Commission duly to administer.