[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.