The Will of
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Deceased 1st April 1899
Gross Value of Estate £20,159 . 3 .10
Net Value £15,045 .17 . 8
Probate 31st may 1899
This is the last WILL and Testament of me
of the borough of Kingston upon Hull, Gentleman.
I appoint my dear wife Marion Caton Richardson and my friend Henry Birks of the borough of Kingston upon Hull, Solicitor (herein called my Trustees) to be the Trustees and Executors of my Will.
And I give to my wife for her immediate occasions the sum of two hundred pounds and to the said Henry Birks as an acknowledgement for his trouble in the execution of the Trusts of this my will the sum of fifty pounds. And I declare that the said Henry Birks who I wish to act as solicitor to my Trustees in winding up my affairs and in the execution of the trusts of this my will shall be entitled to make and receive the same professional charges for business transacted by him, as he would be if he had not been himself appointed a Trustee and Executor.
I give to my said wife Marion Caton Richardson Absolutely all my household furniture, plate, linen, china, books, pictures, ornaments, musical instruments and consumable stores which shall be in or upon my dwelling house which I may occupy at the time of my decease.
I give to my son John Robert Richardson my Diamond ring and diamond pin,
and to my son Joseph Richardson my Gold watch and chain and the appendages thereto, and I give to my said wife all my other jewelry trinkets and ornaments of the person (if any) and I confirm to my said wife the gifts of jewelry and ornaments of the person which I have previously made to her or which she has otherwise become possessed of.
I give all my real estate whatsoever and wheresoever and all the residue of my personal estate and effects unto and to the use of my trustees their heirs executors administrators and assigns according to the natives? Thereof respectively
Upon trust to sell my real estate and collect convert and get in my residuary personal estate and upon trust out of the proceeds of such sale calling in and conversion and out of my ready money to pay all my just debts and funeral and testamentary expenses and the legacies hereinbefore bequeathed and to possessed of the residue thereof hereinafter called my general trust fund
Upon the trusts hereinafter declared that is to say upon trust to pay to each of my sons John Robert Richardson and Joseph Richardson , when and in case only he shall attain the age of twenty one years, the sum of two thousand and five hundred pounds and to pay to each of my daughters Edith Mary Richardson, Florence Hannah Richardson and Hilda Marion Richardson when and in case only they shall attain the age of twenty one years or shall be married under that age with the consent of her mother the said Marion Caton Richardson the like sum of two thousand and five hundred pounds.
And subject to the trustees aforsaid upon trust to invest my general trust fund in the names of the trustees for the time being of this my Will in government or real securities or the mortgages or debentures or debenture or preference stock or shares of any railway or dock company in England paying dividends at the time of such investment on the ordinary stock or shares therein or in or upon any stock funds securities or investments for the time being authorized by law for the investment of trust funds with power to vary the securities from time to time for other of the like nature.
And upon trust to pay the income to arise from my general trust fund and the investments thereof unto my said wife Marion Caton Richardson during her life should she so long confirmed my widow and unmarried she thereout maintaining and educating to the satisfaction of her co. trustee for the time being of this my will my children for the time being under the age of twenty one years.
And from and after the deceased or marriage again of my said
wife whichsoever shall first happen, I direct that (subject
to the trusts herein contained) my trustees or trustee for
the time being shall stand possessed of my general trust fund
and the investments thereof upon the trust to divide the same
into five equal parts or shares and to appropriate one of such
parts or shares to or for the benefit of each of my said children
Edith Mary Richardson, Florence Hannah Richardson, John Robert Richardson, Hilda Marion Richardson and Joseph Richardson but subject to the trusts herein after expressed concerning each of the same shares.
And upon trust to invest each of such five parts or shares in a like manner as hereinfor directed concerning my general trust fund with the like power to vary investments
And as to each such fifth part or share as aforsaid as shall be appropriate to a child of mine under the trust hereinfor contained and the investments thereof.
I direct my trustees to hold the same upon trust to pay the income to arise thereupon unto my same child on whole account the same share have been appropriated until my same child shall assign charge or otherwise dispose of the said income or some part thereof or become bankrupt or do or suffer something whereby the said income, it belonging absolutely to such child, would become payable to or vested in some other person (which of the events shall first happen).
And if the trust herein before declared of a share so appropriated as aforesaid shall determined in the life time of my child on whose account the same shall have been appropriated then upon trust during the remainder of the life of such child to pay and apply the income of such share for the maintenance and support or otherwise for the benefit of all or such one or more exclusively of the other or others of the wife husband child or children,
or if none, then for the benefit of such one or more of my other children and issue then living in such manner in all aspects as my trustees shall in their uncontrolled discretion think fit.
And from and after the decease of my same child upon whose account the same shall have been appropriated and subject to any appointment in the pursuance of the power conferred by the proviso herein after contained upon trust as to the capital of the same fifth part or share and the investments thereof and the income thenceforth to arise therefrom for the child or children of my same child and if more than one in equal shares as tennants in common with benefit of survivorship between and amongst them in case of death of any of them under the age of twenty one years with out having lawful issue him or her or them respectively surviving but in case my same child on whose account the same share shall have been appropriated shall not have any child or children or having such he, she or they shall all die under the age of twenty one years without leaving lawful issue he, her or them surviving,
then I declare that from and after the failure of the trusts affecting the same fifth part or share and the investments and income thereof shall be upon trust for all my other children who shall be living at the time of the failure of the preceding trusts and issue? Of such of them as shall be then dead in equal shares as tenants in common such issue representing their deceased parent and taking amongst themselves if more than one the share only which their parent would have taken if then living providing always that notwithstanding the trusts hereinbefore declared it shall be lawful for each child of mine by deed or will to appoint that the whole or any part of the income of the one fifth share of such child in my general trust fund shall after his or her death be paid to his or her surviving wife or husband for his or her life or for any less period
and I authorize my Trustees or Trustee to apply the income of the presumptive share of any infant beneficiary in my trust estate or funds or so much thereof as they she or he shall think fit for the maintenance or benefit of such infant during his or her minority notwithstanding the risk of the death of such infant under the age of twenty one years and to accumulate any surplus income but with power of report to such accumulations for the like purpose provided always
and I hereby declare that it shall be lawful for my Trustees or Trustee to raise for the benefit of any infant beneficiary during his minority any sum not exceeding one fourth part of his or her vested presumptive share or beneficial interest under the trust of this my will and apply the same for his or her advancement preferment or benefit as my trustees shall think fit but so that no such monies shall be raised and applied as aforesaid during the subsistence? Of any prior interest or interests without the consent of the person or persons having such prior interest or interests provided also
And I hereby declare that it shall be lawful for my trustees or trustee to proffer for such periods as they she or he shall think fit the sale or conversion of any part of my real or personal estate without being responsible for loss and particularly I declare that my messuage at Newland Park in which I now reside and the outbuildings and grounds thereto belonging shall not be sold during such period as my said wife shall think fit to reside therein and I declare that in the meantime and until such sale and conversion the rents of my real estate for the time being remaining unsold shall be applied first in keeping the premises repaired and insured against loss or damage by fire to the satisfaction of my trustees or trustee (but without liability for non insurance and subject thereto the rents and income of my real and personal estate remaining unsold or unconverted shall be paid or applied as if the same were income arising from investments hereby authorized)
In witness thereof I have hereunto set my hand
this twenty eighth day of March one thousand eight hundred and ninety five
Signed by the said Joseph Richardson
the Testator as and for his last will and testament
in the presence of us all being present at the same time who in
his presence at his request and in the presence of each other
have hereunto subscribed our names as witnesses
Isaac Newton clerk to messers. Stamp Jackson and Burkes
W. J. Birkes Solicitor , Hull
On the thirty first day of May 1899 probate of this WILL was granted at York to
Marion Caton Richardson, Widow and
Henry Birkes the executors.
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Updated 16th August 2019