Will George ADAMS victualler of Dorchester

Dated 6th September 1845

©Transcribed by Michael Russell OPC for Fordington from original at DHC Ref Ad/Dt/W/1846 - November 2011.

This is the Last Will and Testament of me George ADAMS of Dorchester in the County of Dorset victualler (that is to say)

I give: devise and bequeath unto John BROWN of Dorchester aforesaid Solicitors Clerk and William TRIPP of the same place Grocer All Those my two Cottages or dwelling houses gardens and appurtenances in the occupation of Richard DAVIS Mason now used as a Beer House and called the 'SWAN INN'

Swan Inn in Mill Lane Fordington from prior to 1845 (1)

Also: all those my other two Cottages or Dwelling Houses gardens and Appurtenances in the several occupation of William PAYNE carpenter and James GAWLER Labourer. All which said several Cottages gardens and Premises are situate in Mill Street in the Parish of Fordington in the said County of Dorset And all other my houses land and hereditaments situate in the said parish of Fordington. To hold the same with their appurtenances unto the said John BROWN and William TRIPP and the survivor of them and the heirs and assigns of such survivor Upon the trusts following (that is to say) Upon trust to receive the rents and profits thereof as and when the same shall become due and after paying there out the necessary expense attending the repairs of the said cottages and Premises and keeping the same insured against loss or damage by fire to pay the remainder of such rents and profits unto my dear wife Sarah and during the term of her natural life or otherwise permit and allow her to receive the same to and for her own sole and separate use independently of any husband she may marry and her receipt alone shall be sufficient discharge to my said Trustees.

    And: from and after her decease Upon Trust to pay the rents and profits thereof unto my Daughter Sarah or permit and allow her to receive the same for and during the term of her natural life for her own sole and separate use independent of any husband she may marry and her receipt alone shall be sufficient discharge to my said Trustees.
    And: I empower my said daughter if she shall think fit by her Will to appoint the rents and profits of the said Cottages and Premises or any part thereof to or in favour of any husband she may marry for and during the term of his life
    And: after the decease of my said daughter (subject to any appointment in favour of a husband to be made by her as aforesaid) I Devise the same Cottages gardens lands and hereditaments to such use or uses for the benefit of all or any one or more of the children or other issue of my said daughter (such other issue to be born in her life time) at such time or times for such estate or estates and in such parts shares and proportions as she my said daughter by any deed or deeds with or without power of revocation and appointment or by her last Will and Testament in writing shall appoint or devise
    And: in default of such appointment or devise To the use of her child, if only one, or other children in equal shares as tenets in common if more than one, in fee simple, the same to be vested interests in such child or children on his her or their rents and profits thereof in the meantime to be applied for their respective maintenance and education
    And: on the death of either of such children before attaining the said age of twenty one years or day of marriage then as well the original share or shares which shall accrue to him her or them on the death of any other or others of them shall go and belong to the survivor or survivors of the said child or children in equal shares as tenants in common in fee simple
    And: In case my said daughter shall die during the life time of my said wife without having any child surviving Then I devise the said cottage garden and hereditaments unto my said wife her heirs and assigns forever (Subject nevertheless to any appointment of the rents and profits thereof in favour of any husband of my said daughter to be made by her as aforesaid
    But: In the event of my said daughter surviving my said wife and there being no child of my said daughter or no such child who shall attain the said age of twenty one years or day of marriage as aforesaid Then (from and immediately after the decease of my said wife ) and subject nevertheless to the trusts and powers pf appointment hereinbefore contained I devise the said cottages gardens land and hereditaments and premises unto and to the use of such person or persons as she may said daughter by any deed or deeds with or without power of revocation and new appointment or by her Last Will and Testament shall appoint and in default of such last mentioned appointment To the use of the heirs and assigns of my said daughter for ever.

All the rest and residue: of my goods chattels money and securities for money personal estate and effects of every sort and kind I give and bequeath the same and every part thereof unto my said Wife her executors administrators and assigns for her and their own absolute use and benefit. I declare that the receipt of my said Trustees for any money payable to him or them by virtue of the trusts of this my Will shall fully exonerate all persons paying the same from all liability in respect of all application thereof I declare that if the said trustee or either of them shall disclaim or they or either of them or any trustees or trustee to be appointed under this clause shall die decline or become incompetent to act as trustees or trustee of this my Will it shall be lawful for my said Wife during her life and after her decease for my said daughter and after her decease of the survivor of them my said Wife and daughter for the trustees or trustee for the time being of this my Will competent to act whether disclaiming or declining further to act or not by any instrument in writing to appoint any person or persons to be trustees or trustee in the place of the trustees or trustee disclaiming dying or declining or becoming incompetent to act And I further declare that such new trustee shall have the same powers in all respects as the trustees hereby appointed And I further declare that the trustees or trustee for the time being of this my Will shall not be answerable for each others acts or receipts nor for any losses happening without their own respective wilful default and shall be at liberty to retain and allow to each other all expenses incident to the execution of the trusts and powers of this my Will

And Lastly: I hereby appoint my said Wife Sole Executrix of this my Last Will and Testament and direct her from and out of my monies and personal estate hereinbefore bequeathed to her to pay and discharge all my just debts and funeral expenses

In Witness whereof: I have to this my Last Will and Testament contained in two sheets of paper to the first sheet thereof set my hand and to this last sheet my hand and seal the sixth day of September in the year of Our Lord one thousand eight hundred and forty five

Signed George ADAMS

Signed sealed published and declared by the said
Testator George Adams as and for his last Will
and Testament in the presence of us who at his
request in his presence and in the presence of each
other (all being present at the same time)
have hereunto subscribed our names as Witnesses

Wm. [William] BRIDGE Sol [Solicitor] Dorchester

Elizabeth TRENTON

Genealogical Notes:-

(1). The Swan Inn was clearly in use in 1845 when George ADAMS wrote his will. Richard DAVIS is still living in the house at Mill Lane at the time of the 1851 Census with his wife Ann, his mother and their 5 children. That Census return confirms that their house was known as the Swan Inn. Richard is described as a Victualler and a Bricklayer so the Inn was probably run during the day by his wife and mother. His mother Susanna was then 77 years old and described as a retired Grocer. They are in Slater's Street Directory for the following year (1852). Although the Swan Inn is not specifically mentioned Richard DAVIS is listed under 'Retailers of Beer'. His name also appears under the listing for 'Shopkeepers and Dealers in Groceries' and given his mothers prior occupation perhaps they also sold groceries from one of the houses. Richard and his family minus his mother are all still there in 1861.

Over time managers of the Inn changed and by 1871 the Swan Inn was being run by a 28 year old man named Isaac PITFIELD and his wife Mary. Richard DAVIS and his family had left to run the 'Exhibition Hotel' at the other end of Mill Street. The Post Office Directory for 1875 gives the proprietor as William MEADER but by the time of the next census (1881) the Innkeeper was Sarah FRANKLIN a 77 year old widow who ran the Inn with her son Thomas and his wife. Eight years later there has been another change with Kelley's Directory for 1889 showing the Swan Inn proprietor to be Arthur PLAYER who was then only 26 years old. We know from the 1891 Census that he was a native of Dorchester and married with 2 young children. By the time of the 1895 Directory the Inn had been taken over by William EMERTON junior but he does not seem to have lasted very long as the 1901 Census shows the Swan Inn proprietor as George SCOTT a 37 year old man who was running the Public House with his wife Harriet and 3 children. He was still there in 1915.

(2). George ADAMS married Sarah CRITCHELL at St Georges Church Fordington on 7th September 1825. They had a daughter Sarah baptised there on 2nd June 1826 at which time George was working as a carpenter.

(3). George ADAMS lived at High West Street in the parish of Holy Trinity with his wife Sarah in 1841 but moved to All Saints parish prior to his death. He was buried at St Georges Church in Fordington on 30th April 1846 at the age of 43 by William Dodge the curate.

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