William Wilkinson 1783 - 1832

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PROB11/1800/378

William Wilkinson 1832

This is the last Will and Testament of me William Wilkinson of Leeds in the County of York Merchant Wherein I dispose of my real and personal estate in manner following that is to say All my moiety or half part of the messuages cottages warehouses workshops closes lands tenements and hereditaments situate in Hunslet in the parish of Leeds aforesaid which I purchased jointly with my brother James Wilkinson and all other real Estate of which I may die seized or interested in I give and devise unto my brother in law James Atkinson my Nephew Edward Wilkinson and my son William Atkinson Wilkinson their heirs and assigns upon the trust and for the uses intents and purposes hereafter mentioned that is to say Upon trust that they or the survivor or survivors of them or the heirs of such survivor do and shall when they or he shall think proper absolutely sell and dispose of my said real Estate either together or in lots and by public Auction or private Sale as they shall think most desirable and for such price or prices as can be had or gotten for the same and shall stand and be possessed of the monies to arise from such sale or sales for the use intents and purposes hereinafter mentioned and for facilitating such sale or sales I hereby will and direct that the receipt or receipts of my said trustees or the survivors or survivor of them or the heirs of such survivor for the whole or any part of the purchase money of my said real Estate shall be a sufficient discharge to the purchase money as shall in such receipt or receipts be expressed to be received and that such purchaser or purchasers shall not afterwards be obliged to see the application of such purchase money or any part thereof or be answerable or accountable for the use application or non application thereof or any part thereof all my household furniture plate linen china and other goods in my dwelling house I give and bequeath to my three children  Mary Ann Wilkinson the said William Atkinson Wilkinson and Sarah Wilkinson equally to be divided amongst them share and share alike And in case my said daughter Sarah shall happen to die before she shall attain the age of twenty one years or be married then I give and bequeath her share thereof to my said two other children share and share alike All my Stock in trade money out at interest ready money government stock and personal Estate not before disposed of I give and bequeath to the said James Atkinson Edward Wilkinson and my said son their executors administrators and assigns Upon trust to convert the same into money and pay thereout in the first place all my just debts funeral expences and the charges of proving and registering this my Will And upon trust that they my said brother in Law Nephew and Son or the survivors or survivor of them his executors administrators do and shall out of the monies arising from them my said real and personal estate put and place out the sum of one thousand pounds upon real and government security and r..y and charge such security or securities as they shall think proper and upon further thrust to pay the interest and dividends to arise from therefrom into the proper hands of my said daughter Mary Ann for the term of her life and her receipt only to be a sufficient discharge for the same and which interest and dividends I expressly will and direct shall not be subject or liable to the debts control or engagements of any husband my said daughter Mary Ann may happen to marry and after the decease of my said daughter Mary Ann Upon trust to pay the said sum of one thousand pounds unto such one or more of the children or grandchildren of my said daughter Mary Ann in such parts and proportions and subject to such conditions as she my said daughter Mary Ann  shall and by any deed or writing or by her last Wilk and testament or any Writing in the illeg a Will shall direct appoint give or bequeath the same and in default or such disposition then upon trust to pay the said sum of one thousand pounds and the unappropriated interest thereof unto and equally amongst all and every the children of my said daughter Mary Ann as shall be living at the time of her decease and the lawful issue of such of them as shall be then dead share and share alike nevertheless so as such issue take no more of the said monies than his her or their deceased parent or parents would have taken if living And in case any of such children or the issue of any deceased child or children shall be under the age of twenty one years at the decease of my said Daughter Upon trust to pay and apply the interest and dividends of the share or respective shares of such daughter or daughters or issue in his her or their maintenance and education during their respective minorities [next line folded in so unable to transcribe it] or having such and they shall die under the age of twenty one years then upon trust that they my said trustees or the survivors or survivor of them or the executors or administrators of such survivor do and shall pay the said sum of one thousand pounds to such person or persons and for such uses intents and purposes and subject to such conditions as my said daughter Mary Ann shall by any deed or writing or by her last Will and Testament direct appoint give or bequeath the same and in default of such disposition Upon trust pay the same to the personal representatives of the kindred and blood of my said daughter in a due course of Administration And upon this further trust that they my said trustees and the survivors and survivor of them and the executors and administrators of such survivor do and shall stand and be possessed of the sum of one thousand pounds further part of the monies arising from my said personal Estate for the benefit of my said Daughter Sarah and her children and grandchildren but nevertheless upon and for such and the like trusts uses intents and purposes and subject to the and the like powers of dispositions conditions and restrictions as are hereinbefore mentioned and expressed in respect of and concerning the said first mentioned sum of one thousand pounds hereinbefore bequeathed in trust for my said daughter Mary Ann and her children and grandchildren and that as fully and effectually as if all such trusts uses intents powers provisos conditions and restrictions were here repeated and set forth And upon further trust that they my said trustees so shall out of the said trust funds pay unto my said son William Atkinson Wilkinson the sum of one thousand pounds and also the further sum of one hundred and fifty pounds to enable him to complete his education and studies at the University of Cambridge And as to all the rest and residue of the monies arising from my said real and personal estate upon trust that they my said  trustees do and shall pay one third part thereof to my Son William Atkinson Wilkinson his executors or administrators and one other third part thereof to my said daughter Mary Ann her executors and administrators and Upon trust to place the remaining third part out at interest on real or government security and vary and change such securities from time to time as they shall think proper and apply the interest and dividends arising therefrom and also the interest and dividends arising from the said last mentioned one thousand pounds during the minority of my said daughter Sarah in the maintenance and education of my daughter Sarah until she shall attain the age of twenty one years or be married And if such interest and dividends shall be more than sufficient for that purpose Upon trust to permit the surplus to accumulate and to place the same out at interest from time to time for the benefit of my said daughter Sarah and when and so soon as my said daughter shall attain the age of twenty one years or be married Upon trust to pay the said last mentioned third part of the said trust monies together with such sums of money as shall have accumulated from the said interest and dividends unto her my said daughter Sarah Provided always and in case my said daughter Sarah shall happen to die before she shall attain her age of twenty one years and without having been married then upon trust to pay the said last mentioned third part of the said trust fund and the said accumulated monies unto my said son William Atkinson Wilkinson and my said daughter Mary Ann equally to be divided between them share and share alike And I do hereby constitute and appoint the said James Atkinson Edward Wilkinson and my said son William Atkinson Wilkinson joint Executors of this my Will Provided and my Will is that if the said James Atkinson Edward Wilkinson and William Atkinson Wilkinson or any of them or any of their heirs executors administrators or assigns or any trustees or trustee to be appointed in the stead or place of any of them as hereinafter is mentioned shall die or be desirous of being discharged from or refuse or decline to act or become incapable of acting in the trust of this my Will before the same respectively shall have been fully executed performed or discharged then and in such case and so often as the same shall happen it shall and may be lawful to and for the person or persons who for the time being shall be entited to the dividends or interest of the said monies if such person or persons shall be of full age and if not then for the guardians or guardian of such person or persons by any writing or writings under their his or her hands and seals or hand and seal to nominate substitute and appoint any other person or persons to be trustee or trustees in their stead or place of him or them so dyeing or desiring to be discharged or refusing or declining to act or becoming incapable of acting as aforesaid and that when and so often as any new trustee or trustees shall be nominated or appointed as aforesaid all the trust estate and premises which shall then be vested in the trustee or trustees so dying or desiring to be discharged or refusing or declining to act or becoming incapable of acting as aforesaid either solely or jointly with the other trustee or trustees shall be thereupon with all convenient speed converted assigned and transferred in such sort and manner and so as that the same shall and may be legally and effectually vested in the surviving or continuing trustee or trustees of the same last estates and premises respectively [there follows more legal appointments regarding the estate etc.]
And Lastly I do hereby revoke all former wills by me at any time heretofore made and declared this only to be my last Will and Testament In Witness whereof I have hereunto set my hand and seal the twenty sixth day of November in the year of our Lord one thousand eight hundred and thirty one Wm Wilkinson Signed Sealed Published and declared by the said 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
Jas Wilkinson John Jewitt Saml Clapham

Proved at London 23rd May 1832 before the Judge by the Oaths of James Atkinson the Nephew Edward Wilkinson and William Atkinson Wilkinson the son the Executors to whom Administration was granted having been first sworn by Comon duly to administer


 

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