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Will of Philip Dadd, of Milton-next-Gravesend, Kent, Victualler, 1811

The following Will has been jointly contributed by Carol Valantine Dugger and Beverley Chapman.  Please contact these ladies if you have any comments or questions concerning the Will and/or the family of Dadds and Dadds.
Source:  Will, Prerogative Court of Canterbury, Lambeth Palace, London, England, (England, Kew: The National Archives (formerly the Public Record Office), Catalogue Reference Prob 11/1528, image references 80-81.

I, PHILIP DADD, of Milton next Gravesend, in the County of Kent, Victualler, do make this my last Will and Testament in the manner following,

I give and bequeath unto my wife ANN DADD the sum of two hundred and fifty pounds of lawful Money of Great Britain to be paid to her within twelve months next after my decease with lawful Interest from the time of my death to and for her own absolute use and benefit.

I give and bequeath unto HENRY WARREN of Gravesend, in the County of Kent, Surgeon, and JAMES EDMED of Milton next Gravesend, aforesaid, Gent, my Executors hereinafter named, their Executors, Administrators and Assigns the sum of Two hundred and fifty pounds of like lawful British Money to be paid to or retained by them within six Calendar Months next after my decease together with Interest for the same from the time of my decease until the payment thereof at the rate of five pounds per Centum per Annum upon Trust that they the said HENRY WARREN and JAMES EDMED and the survivor of them and the Executors, and Administrators of such survivor do and shall place out or invest the same in their or his names or name upon Government or Real Securities *at Interest with power from time to time to alter and Transpose such Securities* and I direct that the said sum of two hundred and fifty pounds and the Stocks, funds and Securities in which the same shall be from time to time placed out and or invested shall be In Trust for my son PHILIP DADD, his Executors, Administrators and Assigns.

Provided always and I do hereby declare and direct that in case my said Son PHILIP DADD shall depart this life under the age of twenty-one years without leaving lawful Issue him surviving then, and in that case, the said sum of two hundred fifty Pounds and the Stocks, funds and *or* Securities in which the same shall be placed out or invested shall be In Trust for my Daughter ELEANOR DADD and my Son WILLIAM DADD in equal shares and for their respective Executors, Administrators and Assigns,

And I direct that my said Trustees or Trustee for the time being of this my Will shall, from and after my decease, pay and apply the Interest, Dividends or annual proceeds of the said sum of two hundred and fifty pounds, as hereinbefore directed to be placed out or invested or appropriated, as aforesaid, for and towards the maintenance, education and benefit of my said Son PHILIP DADD and in such manner as they shall think expedient until my same Son shall attain the age of twenty-one years or shall die, which shall first happen.

Also, I give and bequeath unto the said HENRY WARREN and JAMES EDMED, their Executors, Administrators and Assigns the sum of three hundred and fifty Pounds of like lawful British money to be paid to or retained by them within six Calendar Months next after my decease together with Interest for the same from the time of my decease until the payment thereof at the rate of five pounds per Centum per Annum upon Trust that they the said HENRY WARREN and JAMES EDMED and the survivor of them and the Executors and Administrators of such survivor shall place out or invest the same sum of three hundred and fifty pounds in their or his names or name upon Government or Real Securities at Interest with power from time to time to alter and transpose such last mentioned Securities and I direct that the said sum of three hundred and fifty Pounds and the Stocks, funds or Securities upon which the same shall from time to time be placed out or invested shall be In Trust for my said Daughter ELEANOR DADD, her Executors, Administrators and Assigns.

Provided always and I do hereby declare and direct that in case my said Daughter ELEANOR DADD shall depart this life under the age of twenty-one years without leaving lawful issue her surviving then, and in that case, the said sum of three hundred and fifty Pounds and the Stocks, funds or Securities in which the same shall be placed out or invested shall be In Trust for my said Sons PHILIP DADD and WILLIAM DADD in equal shares and for their respective Executors, Administrators and Assigns,

And I direct that my said Trustees or the Trustee for the time being of this my Will shall from and after my decease pay and apply the Interest, Dividends or Annual produce of the said sum of three hundred and fifty Pounds so hereinbefore directed to be placed out or invested or appropriated, as aforesaid, for or towards the maintenance, education and benefit of my said Daughter ELEANOR DADD and in such manner as they shall think expedient until my said Daughter shall attain the age of twenty-one years or shall die, which shall first happen.

I give and bequeath unto the said HENRY WARREN and JAMES EDMED, their Executors, Administrators and Assigns the sum of two hundred and fifty Pounds of like lawful British Money to be paid to or retained by them within six Calendar Months after my decease together with Interest for the same last mentioned sum from the time of my decease until the payment thereof at the rate of five Pounds per Centum per Annum upon Trust that they the said HENRY WARREN and JAMES EDMED and the survivor of them and the Executors and Administrators of such survivor shall place out or invest the said last mentioned sum of two hundred and fifty Pounds in their or his names or name upon Government or Real Securities at Interest with power from time to time to alter and transpose such last mentioned Securities,

And I direct that the *said* last mentioned sum of two hundred and fifty Pounds and the Stocks, funds or Securities upon which the same shall from time to time be placed out or invested shall be In Trust for my Son WILLIAM DADD, his Executors, Administrators and assigns.

Provided always and I do hereby declare and direct that in case my said Son WILLIAM DADD shall depart this life under the age of twenty-one years without leaving lawful issue him surviving then, and in that case, the said last mentioned sum of two hundred and fifty Pounds and the Stocks, funds or Securities in which the same shall be placed out or invested shall be in Trust for my said Son and Daughter, PHILIP DADD and ELEANOR DADD, in equal shares and for their respective Executors, Administrators and Assigns,

And I direct that my said Trustees or Trustee for the time being of this my Will shall from and after my decease pay and apply the said last mentioned sum of two hundred fifty pounds so hereinbefore directed to be placed out or invested or appropriated, as aforesaid, for or towards the maintenance, education *and* benefit of my said Son WILLIAM DADD and in such manner as they shall think expedient until my same Son shall attain the age of twenty-one years or shall die, which shall first happen.

I give and bequeath all such Interest and Dividends as shall or may happen to be due and owing to me at the time of my decease upon or in respect of my Monies in the public funds or otherwise unto my said wife Ann Dadd to be applied by her to and for her own benefit and that of my hereinbefore mentioned three Children in such manner as she may think proper.

Also I give and bequeath the Bed Bedstead and furniture and the drawers in the Room or Chamber of my daughter ELEANOR DADD unto *her*, my said daughter, to and for her own use and benefit.

I give and bequeath all my Leasehold Messuages, Tenements and Premises situate in the said Parish of Milton next Gravesend or elsewhere and all such Estate and in Trust as I shall have therein at my decease and all the residue of my Personal Estate and Effects of what nature soever and wheresoever to the said HENRY WARREN and JAMES EDMED, their Executors, Administrators and Assigns upon the Trusts hereinafter declared concerning the same (that is to say),

Upon Trust to permit and suffer my said Wife to use and enjoy my Household furniture, Plate, Linen and China *and also to occupy the Messuage and premises wherein I now reside with the stock* and implements therein for the term of her natural life if she shall so long continue my widow and unmarried and my Term Estate and Interest in the said Leasehold premises shall so long continue she my said Wife out of the profits of the said Trade which I hereby direct may be carried on by her maintaining, educating and bringing up my Children until I shall not have a Child living under the age of twenty-one years,

And I direct that in order to ascertain the amount or value of my Stock in Trade, furniture and Implements an Inventory and valuation shall be taken thereof as soon as possible after my decease and as to the residue of my personal Estate In Trust in the first place to collect, receive *and* get in such parts thereof as shall consist of Money and to sell, dispose of and convert into Money all other parts of my said Personal Estate (except my said furniture, Plate, Silver and China and except my Leasehold Estates and except the said Stock and Implements now in my said Trade of a Victualler but in case my said Wife shall not at the time of my decease be desirous to carry on the said Trade or Business then I direct that my said Trustees and the Trustee for the time being of this my Will shall and do Let my said Leasehold Messuage and premises wherein I now Reside to the best advantage and dispose of the said Stock in Trade and Implements and the said Household furniture, Plate, Linen and China to the person or persons willing to take the same.

But, if my said Son PHILLIP shall be then living and shall have attained his age of twenty-one years then I hereby direct that he shall have the first offer of taking the same and I declare and direct that the said HENRY WARREN and JAMES EDMED, their Executors, Administrators and Assigns shall be possessed of and interested in the Monies to arise from the clear rents and profits of my Leasehold Estates and from the residue of my Personal Estate hereinbefore directed to be received and gets in and also of the Money arising from the Letting the Messuage and Premises wherein I reside and from the disposing *of* the Stock and Implements therein of my said household furniture (in case the same shall be Let and disposed of as aforesaid) upon Trust thereout to pay my funeral expences [sic] and the expences [sic] of proving this my Will and all my just debts and also the said Pecuniary Legacies and to place out the overplus of the said Trust Monies in or upon Government or Real Securities at Interest and from time to time to alter and transpose such Securities until the Money placed out thereon shall become payable by virtue of the Trusts and directions of this Will,

And I direct that the said HENRY WARREN and JAMES EDMED, their Executors, Administrators and Assigns shall be possessed of and interested in the Money hereinbefore directed to be placed out or invested and the Stocks, funds and or Securities in which the same shall or may be so placed out and of the other part of the residue of my Personal Estate upon the following Trusts (that is to say),

In Trust to pay to my said Wife and her Assigns during her life if she shall so long continue my Widow the clear Rents, Issues and Profits, Interest, dividends and annual produce thereof as the same shall come in and be received she my said Wife maintaining and educating all and every such of my said Children as being a Son or Sons *as* shall for the time being be under the age of twenty-one years or being a daughter or daughters shall for the time being be under the age of twenty-one years and shall not have been Married.

But, from and after the decease or Marriage of my said wife, which shall first happen, my Will is that my said Executors, shall and do stand possessed of the said Messuage and Premises wherein I now reside In Trust to Let the same until such time as I shall not have a child living under the age of twenty-one years and dispose of the Stock and Implements therein (in case the same shall not have been before Let and disposed of in the event of my said Wife declining to carry on the said Business) and I direct that my said Son PHILIP DADD shall have the first offer of taking the same if he shall be then living and shall have attained his age of twenty-one years and may Will is that my said Executors shall and do stand possessed of the Money arising from the Letting and disposing of the same, as aforesaid, and also of all other parts of the residue of my Personal Estate upon Trust for all and every my Child and Children living at my decease equally to be divided between and or amongst them share and share alike and to paid transferred and assigned to them respectively in manner following (that is to say),

The share of her my said Daughter shall be paid, assigned or transferred at her age of twenty-one years or day of Marriage and the part or share, parts or shares of such of them as shall be a Son or Sons shall be paid, assigned or transferred at his or their age or respective ages of twenty-one years.

Provided always and I declare and direct that, notwithstanding the Trusts aforesaid, a division shall not be made amongst my said Children of the said Residuary Trust Monies and premises until I shall not have a Child under the age of twenty-one years and that in the mean time after the decease or second Marriage of my said Wife until I shall not have a child living under the age of twenty-one years the Trustees or Trustee for the time being of this my Will shall apply the Rents, Interest, dividends and annual produce of the said Residuary Trust Premises for the maintenance of all and every or such one or more of my Children in such manner as such Trustees of Trustee shall think proper without being accountable in any Court of Law or Equity or otherwise to my said Children or *to* any of them for the application thereof.

Provided nevertheless and I do hereby declare and direct that from and after the decease or Marriage of my said Wife and from and immediately after the time when I shall not have a Child living under the age of twenty-one years the said Messuage and Premises wherein I now reside and all other the Leasehold premises which I hold of [blank space] BUDGEN of Dartford shall be In Trust for my said son PHILIP DADD, his Executors, Administrators and assigns.

Provided also and I *hereby* declare that from and after the decease or Marriage of my said Wife that my Silver Pint Pot shall be and become the absolute property of my daughter ELEANOR,

And I Constitute and appoint my said Wife ANN DADD Guardian of my Children living at my decease until they shall respectively attain the age of twenty-one years if she shall so long continue my widow and from and after her decease or second Marriage, which shall first happen, I appoint the said HENRY WARREN and JAMES EDMED and the survivor of them Guardians and Guardian of my said children as aforesaid,

And I appoint the said HENRY WARREN and JAMES EDMED Executors of this my Will and I declare and direct that if the said HENRY WARREN and JAMES EDMED or either of them shall die or refuse or decline to act in the Trusts of this my Will a new Trustee or Trustees may be appointed by the Trustors or Trustee so declining to act or the Executors, or Administrators of such of them as shall so die and the said Trust Estates, Monies and Premises shall in that case be so assigned as to be vested in such new and such surviving or continuing Trustees or in such new Trustee wholly, upon the same Trusts and with the same powers as are hereinbefore mentioned and declared and so from time to time as often as that case shall happen and I declare that my said Executors and Trustees and the Trustees or Trustee for the time being of this my Will shall not be answerable one for another and by no means for Involuntary losses and that they shall be allowed and may retain to and reimburse themselves all their costs, charges, damages and expences [sic] to be occasioned by the due execution of the Trusts hereby in them reposed,

And I hereby revoke all my former Wills.

IN WITNESS WHEREOF, I, the said PHILIP DADD, the Testator, have to the first four sheets of this my Will set my hand and to this fifth and last sheet my hand and seal the seventh [7th] day of October in the year of our Lord one thousand eight hundred and eleven [1811].

"The mark and seal of PHILIP DADD  (L.S.)"1


Signed, sealed, published and declared by
the said PHILIP DADD, the Testator, as and
for his last Will and Testament 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,
The words3 ‘with lawful Interest from the
time of my death’ between the fourth and
fifth lines, and the words ‘and fifty’ between
the seventh and eighth lines and the words
‘Eleanor’ at the end of the first sheet and
the words ‘from the clear rent and Profits
of my Leasehold Estates’ between the thirty
fourth and thirty fifth lines of the third
sheet and the words ‘also of all other parts’
between the twenty fifth and twenty sixth
lines and the word ‘unto’ between the last
line and last line but one of the fourth
sheet having been first Interlined and the
words ‘from the Rents, Issues and Profits,
dividends and Interest’ in the said fourth
sheet having been first erased and also the
word ‘Residuary’ between the thirty fourth and
thirty fifth lines and the word ‘Residuary’ in
the last line in the fourth sheet having
been first Interlined,
Josph. Bullock
George Evans


PROVED at London 13th December 1811 before the Worshipful John Danberry, Dr. of Laws and Surrogate, by the Oaths of HENRY WARREN and JAMES EDMED, the Executors, to whom administration was granted, been first sworn duly to Administer. Exd. [Examined]2

*  Interlineation in Will at that point of the words marked at beginning and end of insertion by an asterisk.

1  Legal device used to indicate that the Will had been a " legal true copy" of the transcribed version of the original document and that the original document had been signed by the person whose signature appears, in this time period, as in a distinctly different format from the remainder of the writing in the document. The letters L.S. enclosed within a circle is an extension of the "true legal copy" system and denotes that the seal had been affixed to the original document.

2  Examined, indicating examination and comparison of this transcript with the original document and found to be in conformance with that original document.

3  From the content of this attestation clause, it is learned that numerous insertions and erasures had been made to the original Will at various points throughout the body thereof.  Those amendments will not necessarily be reflected in the transcribed text above, which, essentially, is a transcript of the court transcript.  Generally speaking, the court clerk was required to include any interlineations and/or erasures from the original document as if those had originally formed a part of the Will, the notice being given of the amendments in the attestation clause.  Conversely, the court clerk quite often discovered that he, too, had missed or mis-transcribed various words and phrases throughout a lengthy document.  The clerk's own mis-steps are what is generally reflected in a transcript of the "proved" Will, such as the one above.  Consequently, it is fairly routine for the alterations noted in an attestation clause to not correspond with or to any alterations found throughout the transcript of a "proved" Will.