Will of John Pooll 1807
This is the last Will and Testament of me John Pooll of Road in the County of Somerset gentleman which I make publish and declare in manner and form following that is to say I give devise and bequeath unto my beloved wife Ann Pooll all and singular my leasehold estate lands and premises with the appurtenances which I now hold under Joseph Houlton esquire for a term of years determinable with lives and also all and every the messuages lands tenements and hereditaments lot? the and inheritance of my grandfather John Batten deceased and also the several tenements lands hereditaments and premises by me bought and purchased of and from Edward Andrews esquire James Holder William Sheppard and Robert Wilson respectively with the appurtenances to the same belonging together with two pieces of arable land containing about eight acres part of the lands allotted to me on Road Common to hold the said leasehold estates unto her my said wife Ann Pooll and her assigns during so many years of the term estate and interest I have therein as she my said wife shall happen to live and to lived the said freehold estates lands and premises unto my said wife Ann Pooll and her assigns for and during the term of her natural life and from and immediatelyafter the decease of my said wife I give devise and bequeath the before mentioned leasehold estate as also the said estates and hereditaments of my said grandfather John Batten deceased and the lands tenements hereditaments and premises by me purchased of the said Edward Andrews James Holder William Sheppard and Robert Wilson with their and every of their rights members and appurtenances (subject nevertheless to the proviso herein after contained in favour of my son Henry Batten Pooll) unto my five daughters Alice Ann Elizabeth Mary and Hannah Pooll or such of them as shall be living at the decease of my said wife to hold the said leasehold and freehold estates unto them my fond daughters Alice Ann Elizabeth Mary and Hannah Pooll their heirs exors administrators and assigns as tenants in common and not as joint tenants subject to the said proviso and from and after the decease of my said wife I give and devise the said two closes of arable land part of Road Common and every part thereof with their appurtenances unto my son Thomas Pooll his heirs and assigns for ever also I give and bequeath unto my said wife Ann Pooll all my household furniture plate linen china and implements of housekeeping of every kind that shall be in and about my dwellinghouse at the time of my decease for and during the term of her natural life and from and immediately after her decease of my said wife I give and bequeath the same and every part thereof into and equally between my six daughters Alice Ann Elizabeth Mary Hannah and Martha Pooll or such of them as shall be then living share and share alike and I give and bequeath unto her my said wife the sum of fifty pounds of lawful money of Great Britain to be paid to her by my executors hereinafter named within one month after my decease and also my provisions and liquors of all kinds I give and devise unto my said eldest son Henry Batten Pooll his heirs and assigns in lieu of the right of common or feeding upon Road Common which he might be entitled under the last will and testament of my late uncle Henry Batten deceased all that enclosure piece or parcel of land lying and being near Rumsey Oak on Road Common aforesaid and containing by estimation eleven acres also I give and devise unto my son Thomas Pooll all and every the messuages lands tenements hereditaments and premises which I am now possessed of and interests in and which now late the estate and inheritance of my father George Pooll deceased and also all those tenements or dwelling houses and premises situate and being at Road aforesaid and now in the several occupations of my mother and George Beaven and the piece of ground in Shawford furlong and also a close of ground called Sweatmans Tyning bought and purchased of and from the assigns of John Wicker together with the enclosure on Road Common allotted and awarded to me on the division and enclosure thereof containing by estimation thirteen acres or thereabouts to hold to my said son Thomas Pooll his heirs and assigns for ever subject nevertheless and I hereby charge and make liable the same messuageslands tenements hereditaments and premises with the payment of the legacy or sum of five hundred pounds of lawful money of Great Britain unto my youngest daughter Martha Pooll to be paid her when she shall attain the age of twenty one years with interest…. found in the mean time after the rate of five pounds per centum per annum to be applied for her maintenance and education but in case of her death under that age then I direct that the said legacy shall not be raised or payable also I give and bequeath unto my said daughters Alice Ann Elizabeth Mary and Hannah Pooll the legacy or sum of two hundred pounds each of lawful money of Great Britain to be paid them respectively within six months next after my decease they being entitled to the further sum of three hundred pounds each on their respectively attaining the age of twenty one years under and by virtue of the last will and testament of the said Henry Batten deceased I give and bequeath unto my youngest daughter (remaining pages missing)
The Will of Henry Batten Pooll 1861
This is the last Will and Testament of me Henry Batten Pooll of Road in the County of Somerset Whereas my late Brother Thomas Pooll Esquire deceased by his last Will and Testament bearing date the nineteenth day of May one thousand eight hundred fifty eight gave to his Sister Martha Pooll after the death of me the said Henry Batten Pooll, in case she survived me the House in which he (the Testator) then resided called Merfield House with the Garden and Offices also the land around it which he then occupied together with Scutt’s Bridge Factory and the land then occupied with it for her own use and benefit during her natural life with an Annuity of Three hundred pounds per annum for and during her life to be paid half-yearly and the said Testator in and by his said Will gave devised and bequeathed all his real and personal estate and effects of what nature or kind soever unto me (the said Henry Batten Pooll) my heirs executors administrators and assigns absolutely to and for my own use and benefit. Now I do hereby give and devise the said property so given as aforesaid to my said Sister Martha for her life in case she should survive me unto my Sister Ann Widow of the late James Bailey Esquire and herassigns for and during the term of her natural life in case she shall survive my said Sister Martha and from and immediately after the death of the survivor of my said two Sisters Martha and Ann I give and devise the said House Factory Lands and premises together with all other my Real Estate (not herein otherwise disposed of) unto and to the use of my Friends John Sinkins and Edmond Crabb Olive of Frome Selwood in the county of Somerset. To hold unto them the said John Sinkins and Edmond Crabb Olive and the survivor of them and the heirs and assigns of such survivor (hereinafter called my Trustees or Trustee). Upon Trust to receive the rents and profits of my said Real Estate until Robert Langford Grandson of my late Sister Hannah Britton shall attain the age of Twenty one years and upon his attaining such age To the use of the said Robert Langford for and during his life without impeachment of waste he the said Robert Langford paying the said Annuities and taking upon him and using the name or names and arms of Henry Batten Pooll and bearing no other Surname and obtaining the Royal Licence for that purpose. And after the determination of that Estate by any means in his lifetime to the use of the said Trustees or Trustee during the life of the said Robert Langford to preserve the contingent remainders hereinafter limited and after his decease to the use of the first and every other Son lawfully begotten of the said Robert Langford according to the priority of their respective births and the heirs male of the body and respective bodies of such first and other Sons lawfully begotten so that every older Son and his issue male be preferred to and taken before every younger Son and his issue male. Subject to the payment of the said Annuities and in default of such issue to the use of John Bayfield Clark eldest son of John Bayfield Clark of Wingfield in the County of Wilts Esquire for and during his life without impeachment of waste he the said John Bayfield Clark, the son paying the said Annuities and taking upon him and using the name and arms of Henry Batten Pooll and bearing no other surname and obtaining the Royal Licence for that purpose and after the determination of that Estate by any means in his lifetime To the use of the said Trustees or Trustee during the life of the said John Bayfield Clark the Son to preserve the contingent remainders hereinafter limited and after his decease To the use of the first and every other Son of the said John Bayfield Clark the son lawfully begotten according to the priority of their respective births and the heirs male of the body and respective bodies of such first and other Sons lawfully begotten so that every older Son and his issue male be preferred to and taken before every younger Son and his Issue male. Subject to the payments of the said Annuities and in default of such Issue To the use of the said John Bayfield Clark the Father for and during his Life without impeachment of waste he the said John Bayfield Clark the Father paying the said Annuities and taking upon him and using the name and Arms of Henry Batten Pooll and bearing no other surname and obtaining the Royal Licence for that purpose and after the determination of that Estate by any means in his lifetime To the use of the said Trustees or Trustee during the life of the said John Bayfield Clark the Father to preserve the contingent remainders hereinafter limited and after his decease To the use of the second third fourth fifth and every other Son of the said John Bayfield Clark the Father lawfully begotten according to the priority of their respective births and the heirs male of the body and their respective bodies of such second and other Sonssuccessively lawfully begotten and in default of such Issue To the use of the Right heirs of the said John Bayfield Clark the Father for use He or they paying the said Annuities and taking and using the name and Arms of Henry Batten Pooll and obtaining the Royal Licence for that purpose I direct my Trustees or Trustee to permit James Moor of Road to occupy Rent Free during his life a close of land called Puxwell situate at Road aforesaid now in his occupation or to receive the annual Rents and profits thereof for and during his life he preserving the Trees now and hereafter thereon I give unto my said Sister Martha Pooll one clear Annuity or yearly sum of Two hundred pounds free from Income Tax payable half yearly And as to my late Brother intended to leave Three thousand pounds to the Children of Mr. Thomas Britton of Corston by his present wife I give to my Executors the said Three Thousand pounds upon Trust to accumulate until the youngest of such children shall attain the age of Twenty one years with a power for my Executors or the survivor of them at their or his discretion to apply any part of the Interest thereof towards the maintenance education or advancement in life of such children. And upon the youngest of such childrenattaining the age of Twenty one years Upon Trust to pay and divide the said sum of Three thousand pounds and all the accumulations unto and equally between such children and as my late Brother intended to have given an Annuity of Fifty poundsa year to Mr. William Britton I hereby give such Annuity of Fifty pounds a yearto him payable half yearly I give to Mary the wife of James Payne Budgett of Bradford the sum of Five hundred pounds I also give to Miss Sarah Whittaker of Bradford aforesaid Five hundred pounds I give to the Bath Eye Infirmary Five hundred pounds and to the Bath United Hospital Five hundred pounds I give to the Wesleyan Methodist Missionary Society Ten thousand pounds I give to the Church Missionary Society One thousand pounds I give to the Fund for Superannuated Wesleyan Ministers Five thousand pounds I give to the Bible Society Five thousand pounds I give to the Wesleyan Ministers Widows Auxiliary Fund Five thousand pounds I give toJames Moore of Road aforesaid Nineteen Guineas I give to James Millett my Gardener Nineteen Guineas I give to Ann Allen one of the servants at MerfieldHouse Nineteen Guineas if living with me at my decease and to Elizabeth Banks another servant at Merfield House the sum of Ten pounds upon a like condition I give to the two servants at Northfield House Elizabeth Walker and Ann Blackmore if living with me at my decease Nineteen Guineas each I give to Ann Greenland Wife of Samuel Greenland Nineteen Guineas I give to the said John Sinkins Three thousand pounds and to the said Edmond Crabb Olive One thousand pounds And as to all the rest residue and remainder of my personal estate I give and bequeath the same unto and equally between my two Sisters Martha and Ann and their respective executors and administrators And I nominate constitute and appoint the said John Sinkins and Edmond Crabb Olive joint Executors In Trust of this my Will and it is my desire that the Rents of my Real Estate after paying the Annuities given by this and my late Brothers Will shall until the said Robert Langford attains the age of Twenty one years be deposited in the Bank of Messrs. Stuckey & Company of Bath until the same can from time to time be invested in Government or Real Securities for the benefit of and with the consent and approbation in writing of my two Sisters and Residuary Legatees or the survivor of them and the same executors may from time to time be varied or changed only with such consent and approbation In Witness whereof I the said Henry Batten Pooll the Testator have to this my last Will and Testament contained in Five sheets of paper to thefirst four sheets set my hand and to this fifth and last sheet thereof my hand and seal The Sixth day of June one thousand eight hundred and sixty _ H. B. Pooll _ (Seal) _ Signed sealed published and declared by the said Henry Batten Pooll the Testator as and for his last Will and Testament in the presence of us who in his presence and in the presence of each other have hereunto subscribed our names as Witnesses _ William Stone _ of Bradford on Avon _ Elizabeth Banks _ / _
This is a Codicil to the last Will and Testament of me Henry Batten Pooll of Merfield House Road in the parish of Beckington in the County of Somerset Esquire I give and bequeath to Henry Moore Ten pounds and also the following legacies (that is to say) To Thomas Walker Langley Nineteen pounds nineteen shillings To John Moore Twenty five pounds To Job Rossiter Ten pounds To William Rose Nineteen Pounds nineteen shillings (if in my employ at my decease) To Ann Langley Ten pounds To Henry Langley Ten pounds To Ann Heath Ten pounds To Mrs. Luckman Daughter of the late Mrs. Grant Fifty pounds To John Heath’s four children by the late daughter of John Walker One hundred pounds each new three per Cents To the Trustees of Poolls Wesleyan Day School the Dividends of the sum of Two thousand Five hundred pounds new three per Cents to pay the Masters Salary and other incidental expenses attending the same To the Trustees of the Wesleyan Chapel Road the Dividends of Four hundred pounds new three per Cents for the support of the Ministry To the Widow of the late William Perkins two shillings per week for and during her natural life To Daniel Randall one shilling per week for and during his life To Sarah Blackmore Five pounds To Louisa Packer Ten pounds To the Bath Eye Infirmary Five hundred pounds in addition to that in my Will To the Bath United Hospital Five hundred pounds in addition to that in my Will To John Sinkins Esquire Two thousand pounds in addition to three thousand pounds given him in my Will To Josiah Frances Ten pounds I give to my Sister Mrs. Bailey the house she now resides in at Townsend in the Village of Road with the Gardens Lawn and Premises belonging thereto for her life I revoke the legacy given in my Will of One thousand pounds to Edmund Crabb Olive Esquire and in lieu thereof I give him Forty pounds a year until Robert Langford named in my Will attains the age of Twenty one and then I give to the said Edmund Crabb Olive the sum of One thousand pounds and in all other respects I ratify and confirm my said Will. In Witness whereof I the said Henry Batten Pooll have hereunto set my hand and seal the thirty first day of August one thousand eight hundred and sixty one _ H. B. Pooll _ (Seal) _ Signed sealed published and declared by the said Henry Batten Pooll as and for a Codicil to his said Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses _ William Stone _ Jobr. of Bradford _ Elizabeth Banks _ Servant to Mr. Pooll _ / _
On the 22nd day of February 1862 the Will with one Codicil thereto of Henry Batten Pooll late of Road in the County of Somerset, Esquire, deceased was proved by the oaths of John Sinkins and Edmund Crabb Olive , in the will written Edmond Crabb Olive, the Executors named in the Will; they having been first sworn duly to administer.
Effects under £120,000
Probate extracted by W. C. Cruttwell, Solicitor, Frome
This agrees with the original Filed 9th April, 1862. In Chancery.
Bill of Complaint
MASTER OF THE ROLLS.
BETWEEN JOHN SINKINS and EDMUND CRABB OLIVE Plaintiffs.
AND ROBERT LANGFORD, ANN BAILEY, MARTHA POOLL, THOMAS BRITTON, JOHN BAYFIELD CLARK the Younger, JOHN BAYFIELD CLARK the Elder, THOMAS HERBERT CLARK, HANNAH POOLL BRITTON, WILLIAM AMERY, and SAMUEL WHITCHURCH PERRY Defendants.
Bill of Complaint.
To the Right Honourable RICHARD BARON WESTBURY, of Westbury, in the County of Wilts, LORD HIGH CHANCELLOR OF GREAT BRITAIN.
HUMBLY COMPLAINING, shew unto his Lordship. JOHN SINKINS, of Frome, Selwood, in the County of Somerset, Esquire, and EDMUND CRABB OLIVE, of the same place, Esquire,
the above-named Plaintiffs as follows:
1. Thomas Pooll late of Road in the county of Somerset Esquire being at the time of his decease seized in fee simple of the messuages hereditaments and premises specifically mentioned in his Will and also of a piece of land covered with buildings lying near but on the opposite side of the road to the South Bridge Factory mentioned in his Will known as Rockabella duly made his last Will dated the l9th day of May 1858 whereby after giving to his sister the defendant Ann Bailey widow of the late James Bailey for her life an annuity of £100 free from income tax he gave to his sister the defendant Martha Pooll after the death of his brother Henry Batten Pooll in case she survived him the house in which he then resided called Merfield House with the garden and offices also all the land around it which he then occupied together with South Bridge Factory and the land then occupied with it for her own use and benefit during her life with an annuity of £300 per annum for her Life to be paid half-yearly and after giving to his sister Hannah Britton since deceased the wife of the defendant William Britton an annuity of £100 for her life for her own use and benefit payable half-yearly and bequeathing certain charitable and pecuniary legacies the said testator gave and bequeathed all his estate and effects real and personal of what nature or kind soever to his brother Henry Batten Pooll his heirs executors administrators and assigns absolutely and appointed the said Henry Batten Pooll sole executor of his Will.
2. The said Thomas Pooll died on the 11th day of February 1859 and the said Will was proved by the said Henry Batten Pooll in the Principal .Registry of Her Majesty’s Court of Probate on the 5th day of May l859.
3. The land around and occupied with Merfield House consisted of about 27 acres in the whole exclusively of the garden and offices which contain about one acre and sixteen perches additional.
4. The testator was at the time of his death seized in fee simple of certain land in the parish of Road called Rockabella containing about three roods and thirty-six perches about one-half of which is covered with buildings. Such land lies within about 200 yards of but on the opposite side of the road to the Factory called South Bridge otherwise Scutt’s Bridge and was held by the testator under a totally distinct title from the Factory called South Bridge. The only land lying on the same side of the road as and immediately belonging to South Bridge Factory at the time of the testator’s decease consisted of the factory premises out-buildings and land immediately adjacent containing about one acre two roods and two perches (exclusive of the ground covered with buildings) South Bridge or Scutt’s Bridge was let and used as a factory at the testator’s decease but had no house belonging to it fit for the tenant’s residence. The property known as Rockabella comprised at the testator’s decease one old family dwelling-house fit for residence and a factory workshops and other buildings unfit for use or residence and either ruinous or partially dilapidated and also a stable and a small piece of land. Part of the old family dwelling- house on the property called Rockabella so fit for residence with the stable and a small part of the land was occupied at the date of the testator’s Will and of his decease and had for about six years previously been occupied by the tenant of South Bridge Factory to who in the testator let the same by parol and without any written description another small part of the land called Rockabella was occupied at the testator’s decease by the defendant Ann Bailey as garden ground. No use was made by the tenant of the South Bridge Factory of any of her part of the property called Rockabella except a part of the old family dwelling-house as aforesaid nor were any repairs executed in such remaining part of the property either by the tenant or the testator and having regard to the condition thereof the residue of the property with the exception aforesaid would have been regarded as an encumbrance rather than a benefit to any tenant.
5. The testator was at the time of making his Will and at his decease seized of other real estate not specifically described in his Will of considerable value part of which was situate in the same parish of Road but no part thereof was within the distance of a quarter of a mile or thereabouts from the South Bridge or Scutt’s Bridge Factory specifically named in his Will except two small pieces of land lying on the opposite side of the river to the south Bridge Factory not in the occupation of the said Thomas Pooll at the time of his death and not held by the tenant of such Factory containing respectively one acre two roods and two rood and two perches.
6. The said Henry Batten Pooll being at the time of making his Will and of his decease seized of real estate of considerable value including the real estate devised by the Will of his brother the said Thomas Pooll deceased and also possessed of large personal estate duly made his last Will bearing date the 6th day of June 1860 and he thereby after reciting the before mentioned devise and bequest by the testator Thomas Pooll to the said Martha Pooll for her life and also the said residuary devise in favour of himself proceeded as follows:
Now I do hereby give and devise the said property so given as aforesaid to my said sister Martha for her life in case she should survive me unto my sister Ann widow of the late James Bailey Esquire and her assigns for and during the term of her natural life in case she shall survive my said sister Martha and from and immediately after the death of the survivor of my said two sisters (Martha and Ann) I give and devise the said house factory lands and premises together with all other my real estate (not herein otherwise disposed of) unto and to the use of my friends John Sinkins and Edmond Crabb Olive of Frome Selwood in the county of Somerset Esquires. To hold unto them the said John Sinkins and Edmond Crabb Olive and the survivor of them and the heirs and assigns of such survivor (hereinafter called my trustees or trustee). Upon trust to receive the rents and profits of my said real estate until Robert Langford grandson of my late sister Hannah Britton shall attain the age of 21 years and upon his attaining such age to the use of the said Robert Langford for and during his life without impeachment of waste he the said Robert Langford paying the said annuities and taking upon him and using the name or names and arms of Henry Batten Pooll and bearing no other surname and obtaining the Royal Licence for that purpose. And after the determination of that estate by any means in his lifetime to the use of the said trustees or trustee during the life of the said Robert Langford to preserve the contingent remainders hereinafter limited. And after the decease of the said Robert Langford the said testator thereby devised the said residuary real estates to the use of the first and every other Son of the said Robert Langford according to the priority of their respective births and the heirs male of the body of such first and other sons subject to the payment of the said annuities and in default of such issue to the use of the defendant John Bayfield Clark the younger eldest son of the defendant John Bayfield Clark the elder for his life without impeachment of waste with remainder to the use of the said trustees to preserve the contingent remainders with remainder to the use of the first and other sons of the said John Bayfield Clark the younger according to the priority of their respective births and the heirs male of the body of such first and other sons with remainder to the use of the said John Bayfield Clark the elder, for his, life without impeachment of waste with remainder to the use of the, trustees to preserve contingent remainders with remainder to the use of the second third fourth, fifth and every other son of the said John Bayfield Clark the elder according to the priority of their respective births and the heirs male of the body of such sons with an ultimate remainder to the use of the right heirs of the said John Bayfield Clark the elder such several persons therein named respectively paying the said annuities and taking and using the name and arms of Henry Batten Pooll and obtaining the Royal License for that purpose and after giving certain directions as to the occupation free of rent of a close of land called Puxwell the testator proceeded as follows:─
I give unto my said sister Martha Pooll one clear annuity of yearly sum of Two hundred pounds free from income tax payable half-yearly and as my late brother intended to leave £3,000 to the children of Mr. Thomas Britton of Corston by his present wife I give to my executors the said Three thousand pounds upon trust to accumulate until the youngest of such children shall attain the age of twenty-one years with a power for my executors or the survivor of them at their or his discretion to apply any part of the interest thereof towards the maintenance education and advancement in life of such children and upon the youngest of such children attaining the age of twenty-one years upon trust to pay and divide the said sum of £3,000 and all accumulations equally between such children and as my late brother intended to have given an annuity of £50 a year to Mr. William Britton I hereby give such annuity of £50 a year to him payable half-yearly.
And after giving several charitable and other pecuniary legacies the said testator proceeded as follows:─
I give to the said John Sinkins £3,000 and to the said Edmond Crabb Olive £1,000. And as to all the rest residue and remainder of my personal estate I give and bequeath the same unto and equally between my two sisters Martha and Ann and their respective executors and administrators. And I nominate constitute and appoint the said John Sinkins and Edmond Crabb Olive joint executors in trust of this my Will and it is my desire that the rents of my real estate after paying the annuities given by this and my late brothers Will shall until the said Robert Langford attains the age of twenty one years be deposited in the Bank of Messrs. Stuckey and Company of Bath until the same can from time to time be invested in government or real securities for the benefit of and with theconsent and approbation in writing of my two sisters and residuary legatees or the survivor of them and the same securities may from time to time be varied or changed only with such consent and approbation. The said Will did not contain any power of appointing new trustees or any power of cutting timber or making repairs or any other power relating to the management of the testators estates or any provisions for maintenance education advancement or accumulation otherwise than as hereinbefore stated.
7. The testator subsequently duly made a codicil to his said Will which codicil bears date the 3lst day of August 1861 and he thereby after giving sundry other pecuniary and charitable legacies including a legacy to the trustees of the Wesleyan Chapel at Road of the dividends of £400 New 3 per Cents. for the support of the ministry a legacy to the widow of the late William Perkins of 2s. per week for her life and a legacy to Daniel Randall of 1s. per week for his life bequeathed certain legacies in addition to the legacies given by his Will including an additional legacy of £2,000 to the plaintiff John Sinkins and gave to his sister the said Ann Bailey the house in which she resided at Townsend in the village of Road with the gardens lawn and premises thereunto belonging for her life and revoked the legacy given in his Will of £1,000 to the plaintiff Edmund Crabb Olive and in lieu thereof gave him .£40 a year until Robert Langford named in his Will attained the age of 21 and then gave the said Edmund Crabb Olive the sum of £1,000 as by such Will and codicil when produced will appear.
8. The testator Henry Batten Pooll died on the 8th day of December 1861 without having revoked or altered his said Will except by the said codicil and without having revoked or altered the said codicil and the said Will and codicil were proved by the plaintiffs in the District Registry of her Majesty’s Court of Probate at Wells on the 22nd day of February 1862.
9. The testator Henry Batten Pooll was never married and survived his father and his only brother the said Thomas Pooll having died in his lifetime unmarried the said Henry Batten Pooll left his two only surviving sisters the defendants Ann Bailey and Martha Pooll and the defendant Thomas Britton the only son of his deceased sister Hannah Britton his co-heirs-at-law him surviving.
10. The defendant Robert Langford the first tenant for life in the testator’s Will named is an infant of the age of 12 years or thereabouts and unmarried.
11. The defendant John Bayfield Clark the younger the second tenant for life in such Will named is now an infant of the age of six years or thereabouts and the defendant Thomas Herbert Clark is the second and only other son of the defendant John Bayfield Clark the elder.
12. The defendant Hannah Pooll Britton is the only child now living of Mr. Thomas Britton of Corston in the testator’s Will named.
13. William Britton the annuitant in the testator’s Will named died on or about the 25th day of December last without having received any payment in respect of the said annuity having first duly made his Will whereby he appointed the said William Amery and Samuel Whitchurch Perry his executors and such Will was duly proved by them in the Bristol District Registry of Her Majesty’s Court of Probate on the 2lst day of February 1862.
14. Various doubts and difficulties having arisen as to the proper construction of the Will of the said Henry Batten Pooll the testator and as to the course which ought to be adopted in the execution of the trusts thereof the plaintiffs are desirous that the proper construction thereof may be declared and the trusts administered by them under the directions of this Honorable Court.
15. The plaintiffs are desirous that it may be declared whether the property called Rockabella or any part thereof is comprised in the land devised to the defendant Martha Pooll for her life.
16. The plaintiffs are desirous that it may be declared what is the true construction of the devise of the residuary real estate of the testator Henry Batten Pooll and whether the legal estate therein is now vested in them or has descended to the co-heirs-at-law of the said testator during the minority of the said Robert Langford.
17. The gross rents and profits of the residuary real estate devised by the testator amount to not less than £900 per annum exclusive of the property called Townsend which is of the yearly value of about £35 Merfield House with the land adjoining which is of the yearly value of about £130 and also of South Bridge otherwise Scutt’s Bridge which with that part of Rockabella rented by the tenant of South Bridge is let at £80 per annum and the plaintiffs are desirous that it may be declared whether the annuities payable under the Will of the said testator Henry Batten Pooll and of the testator Thomas Pooll are primarily payable out of such rents and profits and who is entitled to such rents and profits or the balance thereof after payment of the annuities or to the principal moneys and interest respectively arising therefrom during the minority of the said Robert Langford and what ought to be done therewith.
18. The said William Amery and Samuel Whitchurch Perry allege that the said William Britton deceased became entitled in his lifetime and that his estate is now entitled to a perpetual annuity of £50 per annum but the defendants the residuary legatees of the said Henry Batten Pooll allege that the said William Britton deceased was entitled to such annuity for his life only.
19. The defendant Hannah Pooll Britton is at present the only child of Mr. Thomas Britton of Corston and is now an infant of the age of 6 years. It is alleged on behalf of such infant defendant that subject to the birth of any future child of the said Thomas Britton by his present wife the said Hannah Pooll Britton takes a present vested and transmissible interest in the sum of £3,000 irrespectively of her attainment of the age of 21 years and that the sum of £3,000 ought to be carried over to a separate account and that a proper part of the interest thereof ought to be applied for the maintenance and education of herself or any such future children and the residue thereof accumulated for her or their benefit but the residuary legatees allege that subject to the appropriation of a proper part of the income of such fund for the maintenance and education and advancement of the children the gift of the principal sum of £3,000 and the accumulations thereof is contingent on the attainment by such children of the age of 21 years.
20. There are several old factories or workshops cottages and other buildings some of which are in a dilapidated and ruinous condition situate both on the property called Rockabella and on other parts of the property devised by the testator. It is very doubtful whether some of such buildings which have been unrepaired and wholly unoccupied for many years could when repaired be let or whether any money could profitably be expended in repairing the same and no power is given by the testator’s Will to the plaintiffs to effect such repairs as are necessary and desirable on other parts of the testators estate. The plaintiffs are desirous that proper enquiries may be made and directions given as to the repairs which ought to be effected in any part of the testators devised estates and as to the management thereof generally.
21. There is a considerable amount of timber not being ornamental timber on different parts of the devised estates. Some of such timber is deteriorating in value and ought in the opinion of the plaintiffs to be now cut. No provision is contained in the testator’s Will in reference to the cutting of any timber and proper enquiries ought now to be made and directions given relative to the cutting and sale of such timber and the disposition of the monies arising therefrom.
22. The plaintiffs have possessed themselves of a portion of the testator’s personal estate and have thereout paid the debts of the testator Henry Batten Pooll so far as the same have come to their knowledge.
PRAYER.
The plaintiffs pray as follows:
1. That the trusts of the Will of the testator Henry Batten Pooll may be administered under the directions of this Honourable Court and that for that purpose all proper and necessary accounts and enquiries may be made and taken and directions given.
2. That it may be declared whether William Britton deceased the annuitant named in the. Will of the said Henry Batten Pooll became entitled to a perpetual annuity of ,£50 per annum or to an annuity for his life only.
3. That it may be declared whether the property called Rockabella or any part thereof is included in the land devised by the testator to his sister Martha Pooll for life.
4. That it may be declared in whom the legal estate in the residuary real estate of the testator Henry Batten Pooll is now vested and by whom and for whose benefit the rents and profits thereof ought now to be received.
5. That it may be declared whether the annuities given by the Wills of the testators Henry Batten Pooll and Thomas Pooll are primarily payable out of the rents and profits of the residuary real estate of the testator Henry Batten Pooll and to whom the rents and profits arising from such residuary estate during the minority of the defendant Robert Langford and the principal moneys and interest respectively arising therefrom belong.
6. That the rights and interests of the defendant Hannah Pooll Britton and of any future children of Thomas Britton in the testator’s Will named in the sum of £3,000 therein mentioned may be declared and that such sum may be carried over to such account as this Court shall direct and proper enquiries made and directions given as to the application of a competent part of the dividends and income thereof for the maintenance and education of the said Hannah Pooll Britton.
7. That proper enquiries may be made as to the state and condition of the factories and other buildings on different parts of the testator’s devised estate which are now in a ruinous and dilapidated condition or otherwise out of repair including an enquiry whether it will be for the benefit of the parties interested that any and what part thereof should be left unrepaired and that proper directions may be given as to what ought to be done therewith.
8. That an enquiry may be made whether there are not timber or other trees standing on the testator’s estates which it would be for the benefit of all parties interested to have felled and sold and that directions may be given for the investment of the produce of the sale and the application thereof.
9. That the plaintiffs may have such further or other relief as the nature of the case may require.
The Defendants to this Bill of Complaint are: ROBERT LANGFORD ANN BAILEY MARTHA POOLL THOMAS BRITTON JOHN BAYFIELD CLARK the younger JOHN BAYFIELD CLARK the elder THOMAS HERBERT CLARK HANNAH POOLL BRITTON WILLIAM AMERY SAMUEL WHITCHURCH PERRY JOHN RANDALL.
Note. This Bill is filed by Messrs. CHURCH, PRIOR and BIGG, of 38, Southampton Buildings, in the County of Middlesex, as Agents for WILSON CLEMENT CRUTTWELL, of Frome. in the County of Somerset, Solicitor for the above-named Plaintiffs.
Wesley’s 200 Anniversary Exhibition – Frome 2012
One of the most interesting discoveries made, while researching the archives for the Exhibition, was the Chapel Building Committee’s handwritten minutes and final accounts of 12th June 1864 confirming the donations and expenses for Wesley Villas and Wesley school buildings on Golden Knoll. Surprisingly £2,200.13s.10d., over half the cost of £4082.2s.8d was generously given by the wealthy Pooll family of Road.
John and Christine Milne
Batten/Pooll/Batten-Pooll – Outline Descendant Report for John BATTEN
….. 1 John BATTEN b: 1681, d: 06 May 1741 in St. Lawrence
….. + Alice unknown b: 1675, d: 09 Jul 1759 in St. Lawrence
……….. 2 Anne BATTEN b: 1703, d: 24 Sep 1752 in St. Lawrence
……….. 2 John BATTEN b: 1705, d: 17 Mar 1772 in St. Lawrence
……….. + Elizabeth CRABB?
…………….. 3 Rebecca BATTEN b: 1750
…………….. + Samuel FRENCH
……….. 2 Henry BATTEN b: 1708, d: 27 May 1790 in St. Lawrence
……….. 2 Edward BATTEN b: 1710, d: 15 Mar 1710 in St. Lawrence
……….. 2 Edward BATTEN b: 1712
……….. 2 Rebecca BATTEN b: 1715, d: 16 Mar 1762 in St. Lawrence
……….. 2 Mary BATTEN b: 1715, d: 21 Nov 1753 in St. Lawrence
……….. 2 Alice BATTEN b: 1718, d: 01 May 1803 in St. Lawrence
……….. + George POOL d: 23 Jul 1750 in St. Lawrence
…………….. 3 John POOLE b: 1747, d: 12 Feb 1748 in Road
…………….. 3 John POOLE b: 1748, d: 09 Feb 1807 in St. Lawrence
…………….. + Ann PERKINS b: 1755, d: 05 Feb 1813 in St. Lawrence
………………….. 4 Henry Batten POOLL b: 1776, d: 08 Dec 1861 in St. Lawrence
………………….. 4 Thomas POOLL b: 1779, d: 11 Feb 1859 in St. Lawrence
………………….. 4 Ann POOLL b: 1780, d: 06 Feb 1879 in St. Lawrence
………………….. + James BAILEY b: 1780, d: 03 Nov 1853 in St. Lawrence
………………….. 4 Alice POOLL b: 1780, d: 12 Apr 1853 in St.Lawrence
………………….. 4 Elizabeth POOLL b: 1780, d: 23 Jan 1839 in St. Lawrence
………………….. 4 Martha POOLL b: 1780, d: 26 Feb 1874 in St. Lawrence
………………….. 4 Hannah POOLL b: 1780, d: 26 May 1858 in St. Lawrence
………………….. + William BRITTON d: 25 Dec 1861
……………………….. 5 Thomas BRITTON
……………………….. 5 Ann Pooll BRITTON d: 1854
……………………….. + Joseph LANGFORD
…………………………….. 6 Robert Pooll (Henry) LANGFORD (later BATTEN POOLL) b: 30 May 1850, d: 30 Oct 1930 in Woolverton
…………………………….. + Sophia Frederica Christine Hastings MACRAE b: 03 Nov 1853, d: 23 Mar 1925 in Woolverton
………………………………….. 7 Robert Duncan BATTEN POOLL b: 18 Mar 1881, d: 11 Aug 1894 in Woolverton 85
………………………………….. 7 Walter Stewart BATTEN POOLL b: 04 Jul 1882, d: 13 Oct 1953 in Woolverton 84
………………………………….. 7 Mary Margaret BATTEN POOLL b: 26 Oct 1884, d: 12 Jul 1958 in Dinard (Woolverton 84)
………………………………….. 7 John Alexander BATTEN POOLL b: 05 Oct 1889, d: 23 Jan 1965 in Woolverton 91
………………………………….. + Gwendolen Augusta SHAW b: 1906, d: 26 Apr 1974 in Woolverton 91
………………………………….. 7 Arthur Hugh BATTEN POOLL b: 27 Oct 1891, d: 21 Jan 1971 in Woolverton 91
…………………………….. 6 Alice Martha Pooll LANGFORD
…………………………….. 6 Joseph Pooll LANGFORD
…………………………….. 6 Ann Pooll LANGFORD
……………………….. 5 William BRITTON
………………….. 4 Mary POOLL b: 1780
………………….. + James WOOD
………………….. 4 John POOLL b: 1782, d: 25 Apr 1782 in St. Lawrence
………………….. 4 Harriet POOLL b: 1795, d: 20 Aug 1795 in St. Lawrence
…………….. 3 Thomas POOL b: 1749
…………….. 3 Alice POOL
…………….. + George WALKER
The Batten Poolls of Road
Forename
b(orn/baptized) on at father
bp (baptized) on at father
m(arried) on at spouse
l(ived) on at as
d(ied/buried) on at
c(hildren) child 1 child 2 child 3 child 4 child 5
child 6 child 7 child 8 child 9 child 10
Wife’s details in the same format
Father’s and children’s names in blue are hyperlinked to position in list
Items in cyan from parish registers
Items in green from directories
Items in magenta from censuses
Items in red from graveyard records
1st Generation
John BATTEN
b 1681
m Alice
l 1740 Road deed to buy Road Mills
d 6.5.1741 St. Lawrence 20
c Anne John Henry Edward Edward
Rebekah Mary Alice
Alice
b 1675
m John
d 9.7.1759 St. Lawrence 20
2nd Generation
Anne BATTEN
bp 12.1.1703 Road John & Alice
d 24.9.1752 Road (may not be this Anne)
John
bp 1705 Road John
l 1740 deed refers to father as John the elder
m Elizabeth
c Rebecca
Elizabeth
b William CRABB
l 1757 mentioned in William CRABB’s will
Henry
bp 14.1.1708 Road John
l 1740 deed refers to him as drugget maker
l 1780 (Thomas Whitaker’s will 1781)
d 27.5.1790 St. Lawrence 20
Edward
bp 14.3.1710 Road John
d 15.3.1710 Road
Edward
bp 3.11.1712 Road John
Rebekah
bp 30.9.1715 Road John
d 16.3.1762 Road (may not be this Rebecca)
Mary
bp 30.9.1715 Road John
d 21.11.1753 Road (may not be this Mary
Alice
b 1717 John
bp 28.1.1718 Road
m George POOLL
d 1.5.1803 St. Lawrence 20 widow
George POOLL
m Alice
d 23.7.1750 Road
c John Thomas
3rd Generation
Rebecca BATTEN
bp 11.6.1750 Road John
l 1757 mentioned in William CRABB’s will
John POOLL
bp 28.12.1747 Road
d 12.2.1747/8 Road
John POOLL
b 1748 George
m 30.12.1775 Road Ann
d 9.2.1807 St. Lawrence
c Henry B Thomas Alice Ann Elizabeth
Mary Hannah Martha Harriet
Ann
b 1756 Thomas PERKINS
d 5.2.1813 St. Lawrence
Thomas POOLL
b George
bp 6.10.1749 Road
4th Generation
Henry Batten POOLL
b 1776 John
bp 26.11.1780 Road
m unmarried
l 1841 Northfield aged 55
l 1861 Merfield J. P.
d 8.12.1861 St. Lawrence
(left estate to his sister Hannah’s grandson Robert Pooll LANGFORD)
Thomas
b 1779 John
bp 26.11.1780 Road
m unmarried
l 1841 Townsend House
l Merfield
d 11.2.1859 St. Lawrence
Alice
b 1780 John
bp 26.11.1780 Road
d 12.4.1853 St. Lawrence
Ann
b 1783 John
bp 26.11.1780 Road
m 16.11.1826 Road James BAILEY widower
l 1861 Mayfield
l 1866-1878 Merfield
d 6.2.1879 St. Lawrence
James BAILEY
b 1783
d 3.11.1853 St. Lawrence
Elizabeth
b 1787 John
bp 26.11.1780 Road
m unmarried
d 23.1.1839 St. Lawrence
Mary
bp 26.11.1780 Road John
m 1.5.1835 Road James WOOD widower
Hannah
bp 26.11.1780 Road John
m William BRITTON
d 26.5.1858 St. Lawrence
William BRITTON
d 25.12.1861
c Thomas Ann P William
Martha
b 1792 John
bp 26.11.1780 Road
m unmarried
l 1861 Mayfield
l 1866-1872 Merfield
d 26.2.1874 St. Lawrence
John
d 25.4.1782 Road s of John & Ann
Harriet
bp 16.8.1795 Road John
d 20.8.1795 St. Lawrence d of John & Ann
5th Generation
Thomas BRITTON
b William
l Corston
d after 9.4.1862
c Hannah P
Ann Pooll BRITTON
b William
m 1849 Joseph LANGFORD
d 1854
Joseph LANGFORD
c Robert P Joseph P Anne P Alice M P
William BRITTON
b William
d before 9.4.1862
6th Generation
Hannah Pooll BRITTON
b c1855 Thomas
d after 9.4.1862
Robert Pooll LANGFORD (at age 21 became R P HENRY BATTEN POOLL)
b 30.5.1850 Joseph LANGFORD
m 1879 Sophia
l 1875-1878 Northfield
l 1883-1927 Road Manor Squire, D. L., J. P.
d 30.10.1930 Woolverton 87
c Robert D Walter S Mary M John A Arthur H
Sophia Frederica Christine Hastings
b 3.11.1853 Duncan MCRAE
d 23.3.1925 Woolverton 86
Joseph Pooll
b Joseph
d before age 21
Anne Pooll
b Joseph
d before age 21
Alice Martha Pooll
b Joseph
d before age 21
7th Generation
Robert Duncan HENRY BATTEN POOLL
b 18.3.1881 Robert P HENRY BATTEN POOLL
bp 25.7 1881 Road
d 11.8.1894 Woolverton 85
Walter Stewart
b 4.7 1882 Robert P
bp 5.8.1882 Road
d 13.10.1953 Woolverton 84
Mary Margaret
b 26.10.1884 Robert P
bp 1.1.1885 Road
d 12.7.1958 Dinard (Woolverton 84)
John Alexander
b 5.10.1889 Robert P
bp 23.11.1889 Road
m Gwendolen A
d 23.1.1965 Woolverton 91
Gwendolen Augusta
b 1906
d 26.4.1974 Woolverton 91
Arthur Hugh
b 27.10.1891 Robert P
bp 17.1.1892 Road
d 21.1.1971 Woolverton 91