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Scard Family
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The Will of William Yeats Esq. [1754-1826] of Lymington, Southampton, Hampshire The brother of Mary Scard [nee Yeats], who was the spouse of Thomas Scard [the younger] of Eling. [with Codicil] Will Dated: 11th October 1820 Codicil Dated: 26th December 1820 Will Proved: 23rd November 1826
This is the Last Will and Testament of me William Yeats of Lymington in the County of Southampton Esquire made whilst I am of sound and disposing mind memory and understanding. I give and bequeath unto my friends Charles St. Barbe the elder and Charles St. Barbe the younger of Lymington aforesaid [?] the Capitol Sum of Ten Thousand pounds [?] for rent Navy Bank Annuities now standing in my name in the books of the [?] and company of the Bank of England upon trust that they the said Charles St. Barbe the elder and Charles St. Barbe the younger and the survivor of them and the Executors and Administrators of such survivor shall and do pay the Interest Dividends and proceeds of the same capital Stock as the same shall arise and [?] unto my dear wife Nanny Yeats and her assigns for and during the term of her natural life. And I bequeath after her decease upon further trust that they the said Charles St. Barbe the elder and Charles St. Barbe the younger or the Survivor of them or the Executors or Administrators of such survivor shall and do pay assign and transfer and I do hereby [?] and bequeath the sum of One thousand pounds capital Stock part of the said Capital sum of ten thousand pounds unto Mary Sout Spinster the daughter of Frances and Edward Sout, her Executors and Administrators to and for her and their survivor and benefit in [?] she the said Mary Sout shall be living at the time of the decease of my said wife but in case she the said Mary Sout shall happen to die in the lifetime of my said Wife then upon further trust that they the said Charles St. Barbe the elder and Charles St. Barbe the younger and the survivor of them and the Executors and Administrators of such Survivor shall from and after the decease of my said wife stand possessed of the said sum of one thousand pounds Capital Stock upon such and the same trusts as are herein after mentioned [?] and declared of and [?] the sum of Nine Thousand Pounds capital Stock residue of the said sum of ten thousand pounds Capital Stock and upon further trust that they the said Charles St. Barbe ...... shall and do from and after the decease of my said wife stand possessed of One full Moiety or half part of the said sum of nine thousand pounds capital Stock residue of the said sum of one thousand pounds Capital Stock interest for and I do hereby give and bequeath the same unto all and every the child and children of my late sister Betty the late wife of James [?] of the Parish of Eling in the said County of Southampton, Merchant, their executors and administrators equally to be divided between them share and share alike. And I do hereby will order and [?] that the legacies or portions hereby [?] and provided for the said children of my said late sister Betty [?] respectively shall [???] in such of the said children as shall have attained the age of twenty-one years in my lifetime immediately after my decease and in such of the said children as shall not have attained the age of twenty one years in my lifetime and when they shall respectively attain that age and shall be paid [?] and transferred to them respectively in manner following, that is to say the legacy or portion, Legacies or portions of such of tem as shall have attained the age of twenty one years in the lifetime of my said wife to be paid assigned and transferred to him or them respectively immediately after her decease. And the legacy or portion, legacies or portions of such of them as shall not have attained the age of twenty one years in the lifetime of my said wife to be paid assigned and transferred to them respectively as and when they shall respectively attain that age. And my Will is and I do hereby further order and divert that in case anyone or more of the said children for whom legacies or portions are by this my Will given and provided shall happen to die before such legacies or portions respectively shall [?] then the legacy or portion, legacies or portions of him or them so dying as aforesaid shall from [/] and belong to the survivors and Survivor of them equally to be divided between or amongst them, share and share alike and shall [?] and payable at the same time and times respectively as are as before directed [?] his or their original legacy or portion, legacies or portions respectively. And upon this further trust that they the said Charles St. Barbe the elder and Charles St. Barbe the younger and the survivor of them and the executors and administrators of such a survivor shall and do from and after the decease of my said wife and during the natural life of my sister Mary the wife of Thomas Scard of the Parish of Eling aforesaid Yeoman [?] possessed of the dividends interest and proceed arising and to be produced from that remaining moiety or half part of the said capital sum of nine thousand pounds Stock in trust for and I do hereby give and bequeath the same dividends interest and proceed unto my said sister Mary Scard and her assigns for [?] during the term of her natural life and for her own sole and separate use and benefit and to the interest of the same may not be subject or liable to the [?] debts forfeiture or engagements of her prior or any future husband and to that and in order that more [?] to guard against the [?] or [?] of the said Thomas Scard [?] the same I hereby direct the said Charles St. Barbe the elder and Charles St. Barbe the younger and the survivor of them and the Executors and Administrators of such survivor to pay the said last mentioned dividends, interest and proceed as the same shall from time to time arise and [?] unto the hand of John Tibe of Eling aforesaid Miller for the use and benefit of the said Mary Scard if the said John Tibe shall not be living and my said trustees shall not see any good cause to the contrary and in trust the said John Tribe shall be [?] or my said trustees shall see good cause to the contrary then that they my said trustees and the survivor of them and the executors and administrators of such survivor shall pay the same last mentioned dividends, Interest and proceed unto the proper hands of her the said Mary Scard to and for her own sole and separate use and benefit. And I do hereby devise that the receipt of the said Mary Scard or the said John Tribe as the [?] may shall from time to time be good and sufficient discharge to my said trustees for the same last mentioned dividends interest and proceed. And [?] after the decease of the said Mary Scard upon this further trust that they the said Charles St. Barbe the elder and Charles St. Barbe the younger and the survivor of them and the executors and administrators of such survivor shall stand possessed of the said last mentioned moiety or half part of the said sum of nine thousand pounds capital stock interest for and I do hereby give and bequeath the same unto all and every the child and children of the said Mary Scard lawfully begotten or to be begotten their executors and administrators equally to be divided between them share and share alike. And I do hereby further Will order and devise that the legacies or portions hereby given and provided for the said sister Mary Scard respectively shall [?] interests in such child or children respectively as and whom as [?] or they shall attain the age or respective ages of twenty one years and shall be paid assigned and transferred to them respectively in manner following, that is to say, the legacies or portion, Legacies or Portions of such of them as shall have attained the age of twenty one years in the lifetime of the said Mary Scard to be paid assigned and transferred to him her or them respectively immediately after her decease and the legacy or portion, legacies or portions of such of them as shall not have attained the age of twenty one years in the lifetime of the said Mary Scard to be paid assigned and transferred t them respectively as and when they shall attain that age. And my Will further is and I do hereby further order and direct that in case anyone or more of the said children of the said Mary Scard for whom legacies or portions are by this my Will given or provided shall happen to die before such legacies or portions respectively shall become [?] then the legacy or portion or legacies or portions of [?] or them so dying as aforesaid shall from time to time to arise and [?] to the survivors and survivor of them equally to be divided between or amongst them share and share alike and shall become [?] and payable at the same time and times respectively as are [??????] his her or their original legacy or portion or Portion, Legacies apportions respectively. Also I give and bequeath unto the said Charles St. Barbe the elder and Charles St. Barbe the younger the further capital sum of three thousand pounds [???] Bank Annuities now also standing in my name in the books of the [?] and Company of the Bank of England upon trust that they the said Charles St. Barbe the elder and Charles St. Barbe the younger and the survivor of them and the executors and administration of such survivor shall and do pay the interest dividends and proceed arising and to be produced from the same capital, stock as the same shall [?] unto my said wife Nanny Yeats and her assigns for and during the term of her natural life and from and after her decease upon further trust that they the said Charles St. Barbe the elder and Charles St. Barbe the younger and the survivor ........ In summary of the rest [3 pages];
1. Last legacy to wife Nanny Yeats £3,000 interest [def.] all her assets to his sister Mary Scard with provision of the interest for the maintenance and education of his sister Mary Scard's children with a further provision for the children of his late sister Betty [?] [Betty seems to have had only daughters]. 2. Nephew - Thomas Scard – the Testator’s “Pew or Seat” No. 29 at the Parish Church at Lymington. Son of his sister Mary Scard. 3. Cousin - Mary Purkis of Eling – £50 4. Cousin - Hannah Est, the wife of William Est of Eling – £50 5. Brother-in-law - James [?] - [spouse of deceased sister Betty] - £50 6. Sister - Mary Scard – £50 - with same provisions for Mary's security against debtors of her late husband or future husband. 7. Friend - Charles St. Barbe [the elder] - £50 8. Charles St. Barbe [the younger] - £50 9. Friend - John Oviatt the son of Mary Oviatt of Lymington aforesaid widow - £100 10. Any Servants living at the time of Testator's decease - one year's wages over and above that which they are then owed. 11. Wife - Nanny Yeats - All Residue: Estates, Lands, Tenements, Goods, Chattels etc. Will Dated: 11th October 1820 William Yeats [signed] Executors: Charles St. Barbe[the elder] [Banker], Charles St. Barbe [the younger] [Esquire]. Witnesses: John King Attorney Lymington, William Dixon Clerk to Mr. King, Edward Hicks Clerk to Mr. St. Barbe Banker Lymington Hampshire Codicil; I the above named William Yeats do make this my Codicil to my above written Will and do desire that the same may be considered and taken as part thereof whereas since the making and publishing of my said above written Will I have purchased the capital messuage or dwelling house and premises hereinafter mentioned of Charles Morriss Roberts Esquire. I do hereby give devise and bequeath all that my capital messuage or dwelling house wherein I now live and reside together with the coach house, stable yards, gardens and appurtenances hereunto belonging and which I lately purchased of the said Charles Morriss Roberts unto my wife Nanny Yeats to hold the same unto the said Nanny Yeats her heirs executors administrators and assigns for ever or for and during all my Estate Terms and Interest therein or in any part thereof and I do hereby ratify and confirm my said will in all respects whatsoever. In witness whereof I have to this my Codicil to my last Will and Testament subscribed my name and of my seal this twenty sixth day of December one thousand eight hundred and twenty. Witnesses: John King Solicitor Lymington, Lucy King wife of Mr. King, William Searle Junior Clerk to Mr. King.
Proved: At London 23rd November 1826 – administration given to Charles St. Barbe "formerly the younger" Esquire, the sole surviving Executor of the Will of the Testator sworn to Administer. PCC WILLS - Documents Online Wills
NOTES: Wife & Main Beneficiary - Nanny Yeats - Pre-deceased the Testator by seven months. Nanny Yeats was buried 11th April 1826 at Lymington at the recorded age of sixty-three.[HBI] Co-Executor Charles St. Barbe - Banker of Lymington and friend - predeceased the Testator by ten months. Charles St. Barbe [the elder] was buried at Lymington 25th January 1826 at the recorded age of 76yrs. Testator: William Yeats - buried at Lymington on the 3rd November 1826 at the recorded age of seventy-two.[HBI] Break-down Value of Estate: - £13,000 Securities [Stock] + Estates, Lands, Tenements, Goods, Chattels. Upon the death of wife Nanny Yeats the Estate fell to two main beneficiaries namely; Testator's Sister - Mary Scard wife of Thomas Scard [deceased] - moiety of interest of £9,000 + £3.000 with provision for the maintenance and education of her children. The children of Testator's deceased Sister, Betty [?] - moiety of interest of £9,000 and Mary Sout - spinster daughter of Frances and Edward Sout - interest of £1,000 Plus Several minor beneficiaries.