Will - William Smith
Will of William Smith late of Allerton P. Bradford, Gentleman, deceased proved by Henry Hudson his father-in-law, Peter Laycock & William Smith the Joint Executors
“I WILLIAM SMITH of Allerton in the Parish of Bradford in the
County of York Gentleman, do make publish and declare this my last will and
Testament in manner and form following, that is to say, I give and bequeath unto
my father in law Henry Hudson of Allerton aforesaid Farmer, my friend Peter
Laycock of Bradford aforesaid Spirit Merchant and William Smith of Bingley in
the said county now or late a Grocer who is my wife’s cousin their Executors and
Administrators, All my Household Goods and Furniture Plate Linen and China
Farming Stock Outstanding Debts Money out at Interest and all other my personal
estate and effects whatsoever. UPON THE TRUSES nevertheless and for the Intents
and purposes hereinafter mentioned and declared, that is to say, upon trust to allow
my said wife the use wearing and enjoyment, during her Life if she shall so long
continue my widow, Of so many and such parts of my household goods and Furniture
Beds and Bedding Plate Linen China Glass and other Effects as they may think necessary
and convenient to furnish her a house comfortably for herself and children,
of which articles when delivered to her. An Inventory shall be taken and two copies
thereof made and signed by her, one for her own use and the other for the use of my executors. AND UPON FURTHER TRUST as soon as conveniently maybe after
my death, to sell and dispose of so much and such parts of the Residence of my
Personal Estate and Effects as shall be in their nature saleable. And also immediately
after the decease or marriage again of my said wife, to sell and dispose of what
shall have been to set apart for her use during her life of widowhood as aforesaid, and
to collect and get in my outstanding debts, so that the whole of my personal estate and
effects can be converted into ready money as soon as conveniently maybe, consistently
with the Trusts hereby created of and considering the same, and to pay apply and dispose
of the money so to arise and to be produced as and in manner hereinafter directed. And I
give and devise unto the said Henry Hudson, Peter Laycock and William Smith and
their Heirs, All that my messuage farm or Tenement wherein and on which I now reside, situated in Allerton aforesaid with the Buildings Lands Grounds
Hereditaments and Appurtenances belonging there to now in the occupation of myself
and Tenants. And all other my real estate whatsoever and wheresoever situated
Together with all and singular the Rights Privileges and Appurtenances thereunto
respectively belonging or appertaining to hold the same unto and to the use of the
said Henry Hudson, Peter Laycock and William Smith and their Heirs upon the
Trusts nevertheless and for the intents and purposes hereafter mentioned and
declared of and concerning the same, that is to say, upon trust to receive and
take the yearly and other Rents, Issues and Profits thereof until sold and so soon,
after my death as my said trustees or the survivors or survivor of them or the Heirs
of such survivor shall think most advantageous and proper, to sell and dispose of
my said messuage Farm or Tenement Lands Grounds Hereditaments and Real
Estate either to aettier or the parcels & either by Public Auction or Private Contract
as they or he shall judge best, and to release and convey the same to the purchaser
or purchasers thereof accordingly, and to pay apply and dispose of the purchase money or
purchase monies for the same, as and in manner hereafter expressed and
directed. And I do hereby direct and declare that the Receipt or Receipts of my
said Trustees or the Survivors or Survivor of them, or the Heirs of such survivor
shall be a sufficient discharge or sufficient discharges to any Purchaser or
Purchasers of the said Tenements and Premises or any part thereof for so much
money as shall be therein acknowledged or expressed to be received, and that
such purchaser or purchasers, his her or their Heirs of assigns, shall not
afterwards be liable to see to the Application thereof or be answerable or accountable
for the Loss Misapplication or Nonapplication of the same, or any part thereof.
And it is my Will and Mind and I do hereby order and direct that my said trustees
or the Survivors or Survivor of them, and the Heirs and Assigns of such survivor shall
and do, in the first place and out of the monies so to be received and gotten in & by
them as aforesaid, pay satisfy and discharge, with all convenient speed, all my just debts whether owing or Mortgages or otherwise, my Funeral Expenses and the Charges
of proving registering and executing the Trusts of this my Will. And as soon as
conveniently maybe shall, and do place out at interest in their own names or in the
names or name of the survivors or survivor of them or the Heirs of such survivor the
sum of Two thousand pounds upon such Government or good and sufficient real
security or securities as they or he either or his discretion shall approve, when and pay
and apply the yearly of other Dividends Interest and Produce thereof when and
as the same as shall become due and be received, unto my said wife during her life
if she shall so long continue my Widow, as well for her own Maintenance as to
enable her to assist in bringing up my children, and I declare that she shall be entitles to a due
proportion thereof from the last hald yearly of other payment of the same next
preceding, up to and until thje day of her death or marriage again. And from
and after he decease of marriage again whichever shall first happen. UPON
TRUST to pay apply and dispose of the said sum of Two thousand pounds as and
in manner hereafter directed with repect to the residue of the produce of my
Estate and Effects. And I give and bequeath unto my said wife the Sum of
Fifty Pounds _____________ for present maintenance. And do give and
bequeath unto her an Annuity or yearly sum of One Hundred pounds to be paid to
her half yearly until the said sum of Two Thousand Pounds shall be so invested
as aforesaid, the first half yearly payment thereof to begin and be made at the
expiration of Six Calendar Months next after my death, and do direct that she
shall be entitles to a due proportion of the same form the last half yearly day of
payment thereof next proceeding up to and until the day of the investment of the
said sum of Two thousand pounds as aforesaid. And I do hereby direct and
declare that the provision herebefore made for my said wife shall be accepted
and taken by her in Lieu Bar and full Satisfaction of and for all with dower Thirds
or other interests which she might otherwise have claimed or been entitled to outoes
my Real Estate. And as to the residue and remainder of the monies to arise and be produced for the sale of my said real and personal Estates, after answering
the several Charges herebefore made thereof, It is my will and mind and I do
hereby order and direct my said trustees and the Survivors and Survivor of them
and the Heirs of such Survivor, so soon as the same shall be received as
conveniently may be, to place out and invest the same in their or his own names
or name on such Government or good and sufficient real security as they or he
shall judge safe and think proper, and do and shall receive the interest and
Dividends thereof of from time to time as the same shall become due,
as well as of the said Two Thousand pounds from and after the decease of marriage
again of my aid wife and pay apply and dispose thereof
or of sufficient part of the same for and towards the
maintenance education and bringing up of my three Children Ann Elizabeth, Mary and William and such other child or children as I shall have living or that
my said wife may be eusient with at the time of my death until my said
Children shall severally attain their respective ages of twenty one years, and when
and as they shall severally attain their ages of twenty one years, INTRUST
to pay assign transfer and convey all this said residue of my estate and effects
as well as the said sum of Two thousand pounds from and after the decease or marriage again of my said wife
with such interest dividends and said produce thereof as shall not have been applied
for and towards their maintenance and education as aforesaid, or for putting
any of them out apprentices or otherwise pursuant
to the power hereafter for that purpose give, equally unto and amongst all my
Children, when and as they shall severally attain their said ages of twenty one years.
And in case any of them shall happen to die before having attained twenty one
years of age, without leaving lawful issue, Then in trust to pay assign
and after the decease or marriage again of my said wife the said sum of two thousand pounds, also
transfer and convey all the said Residue of my Estate and Effects and the interest
Dividends and produce thereof or such part thereof as shall remain unapplied as
aforesaid unto such of my said children as shall live to attain his her or their Age
or respective ages of twenty one years, share and share alike if more than one, and
if but one then to such only child. But in case any of them shall happen to die
under age leaving lawfull Issue then in trust to pay assign thereafter and convey the part or share of such deceased Child or Children unto such his her or their
issue share and share alike (if more than one) when and as they shall severely
attain their respective ages of twenty one years, and to pay and apply the Interest
Dividends and Produce thereof, in the meantime for and towards their respective
maintenance and education. But in case all my said children shall happen
to die under age and without leaving lawful issue. Then in case my Nephew
William Smith one of the sons of my late brother John, shall at that time have
attained the age of twenty one years. IN TRUST to pay assign transfer and convey
the said Residue of the money to arise from my Estate and Effects and aforesaid
and from and after the decease or marriage again of my said wife the said sum of two thousand pounds also,
and the Interest Dividends and Produce thereof or so much of the same as shall be and
remain unapplied as aforesaid, unto my aid Nephew his Executors Administrators
and Assigns. But if shall then be under the age of twenty one years in trust to pay
assign transfer and convey the same to him when and as so soon as he shall attain
that age. And in case he shall also happen to die under the age of twenty one years,
then if my Nephews John Smith and Thomas Smith the two other sons of my
said late brother John shall at that time have attained that age, IN TRUST
to pay assign transfer and convey the same unto and equally between my said two
last mentioned Nephews their representatives Executors Administrators and Assigns, And
in case they shall be under the age of twenty one years, IN TRUST to pay assign
transfer and convey the same unto and equally between them when and as they
severally attain that age. And if either of them shall die under the age of twenty one
years, Then in trust to pay assign transfer and convey the same unto him who
shall live to attain that age. But in Case Both of them also shall die under the age
of twenty one years, Then in trust to pay assign transfer and convey the same unto
my own Right Heirs for ever. And I do so hereby authorize and empower mu said
Trustees and the Survivor or Survivors of them and the Heirs of such survivor
from time to time when and so often as they or he shall think it necessary or proper
to alter and change the Trusts or Securities in or upon which the said Trust Monies shall be placed out and invested, and to place out and reinvest the same upon
such Government or other good and sufficient real Security or Securities at interest
as they or he shall think proper. And I do hereby also authorize and empower them or
him to apply any reasonable part or share of the Portions or presumptive Portions
of any of my said children or their representative lawful issues (in case any of them
shall die under age having issue as aforesaid) in putting them out apprentices or
placing them out in any other suitable manner. PROVIDED always and I do
hereby subject and charge all and every my real and personal Estates to and with
the payment of the said Legacy of Fifty Pounds – hereinbefore --
bequeathed to my said wife. And the said Annuity of one hundred pounds
herebefore also bequeathed to be paid to her until the said sum of two thousand
pounds shall be placed out and invested as herebefore directed. And it is my
will and mind that my said Trustees and Executors or any of them their or any
of their Heirs Executors or Administrators shall not be charged or chargeable
with or for any more of the Trust Monies and Premises than they shall severally
actually receive, notwithstanding they or he shall or may give or sign or join in
giving or signing any Receipt or Receipts or other acquittances for the same, or un-
doing any other act or acts relating thereto, for the sake of conformity only, or for the
satisfaction of the person or persons paying the same. And that none of them shall be
answerable or accountable for the Acts Deeds Receipts Neglects or Defaults of the
other or others of them, but each of them for his own Acts Deeds Receipts Neglects
and Defaults only. And that it shall be lawful for, And I do hereby authorize
them their Heirs Executors and Administrators by and out of the trust monies and
premises to retain to and reimburse the resellers respectively all such and reasonable costs
Charges and Expenses, as they shall severally sustain expect or be put unto in
or about the execution of the Trust of this my will. AND LASTLY I do hereby
nominate and appoint the said Henry Husdon Peter Laycock and William
Smith of Bingley joint Executors of this my last will and testament hereby revoking all former wills by me made PROVIDED always and I do hereby expressly
direct and declare that the said appointment of the said Henry Hudson Peter
Laycock and William Smith as Executors of this my will, shall not operate as a
release or extinguishment of any Debts or Sums of money which shall or maybe
owing to use by them or any of them at the time of my death, but that such
Debts or Sums of money shall be paid over to my other Trustees and Executors upon
and for the trusts and purposes hereinbefore declared of and concerning my
Estate and Effects generally like any other debts which may be owing to me at
my decease. IN WITNESS whereof I have to this my last will and testament
contained in this and the six preceding sheets of paper set my hand and seal
to wit, My hand to the six proceeding sheets and my hand and seal to this
last sheet the thirtieth Day of November in the year of our Lord
One thousand Eight hundred and twenty one.
”
The cited information was sourced from Electronic Document (email, file) This citation is considered to be direct and primary evidence used, or by dominance of the evidence.
- Source Notes
- Will provided by George Dyson (email), researching the Quakers from Preston Patrick.
- Source/Citation References (2)