The Will of
of the city of Wakefield
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This is the last WILL and Testiment of me
Joseph Roberts of Wakefield in the County of York, Gentleman.
I Give Devise and Bequeath All my real and personal Estate whatesoever except estates vested in me as Trustee or Mortgagee unto my Nephew George Henry Roberts of Wakefield aforesaid Market Gardener, my friend John Scott of Wakefield aforsaid Gentleman and my brother in law John Bedford Boston of Beauchieff Glen Sheffield in the said County of York Gentlemaan, their Heirs Executors Administators and Assigns upon Trust to sell and convert the same into money so far as it shall be nessessary for the purpose of paying the debts Funeral and Testimentry expences and the Legacies hereinafter mentioned.
I Give and Bequeath the following legacies namely;
To my niece May Ann Taylor the sum of one thousand pounds.
To my niece Martha wife of John Hawley the sum of one thousand pounds.
To my nephew Joseph Taylor the sum of seven hundred pounds.
To Sarah Hannah Taylor, John Roberts Taylor and Elizabeth Taylor the three children of my said nephew Joseph Taylor the sum of one hundred pounds each.
To my nephew Alfred Taylor the sum of one thousand pounds and
To my nephew George Roberts Taylor the sum of one thousand pounds.
I Bequeath the sum of one thousand pounds to be equaly divided amongst the six children of my late nephew William Taylor, namely; Charles arthur Taylor, Jervis Roberts Taylor, Sarah Elizabeth Taylor, Thomas Henry Taylor, Kate Taylor and Jane Taylor.
I Give and Bequeath the following legacies namely;
The sum of one thousand pounds to my nephew Joe Sugden Roberts.
The sum of one thousand pounds, to my nephew the said George Henry Roberts
The sum of one thousand pounds.
To my nephew Edward Roberts and
To Blanche Vine and Alice Vine the two childrn of my late niece Mary Ann Vine the sum of one thousand pound to be equally divided between them.
I Give and Bequeath to each of my executors the said George Henry Roberts, John Scott and John Bedford Beston the sum of fifty pound if they shall act in the Execution of the Trusts of this my WILL.
I Give and Bequeath the sum of fifty pounds unto Thomas Roberts of Wakefield Gardener in the employ of my nephew George Henry Roberts.
I Give and Bequeath the sum one hundred pound unto Jane the widow of my late brother Jervice Roberts.
I Give and Bequeath the sum of one hundred pounds to Annie Taylor the widow of my late nephew William Taylor.
I Give and sheet 2 Bequeath the sum of one hundred pounds to my house keeper Mary Ann Taylor.
I Give and Bequeath unto my niece Martha Hawley the sum of one hundred pounds .
I Give and Bequeath to the treasurer for the time being of the Clayton Hospital at Wakefield aforesaid the sum of one hundred pounds to be applied to the purposes of that institution such lagacy to be paid out of such part of my personal estate as the law permits to be appropriate by will to charitable purposes.
And I Direct that all legacies bequeath by this my Will shall be paid at the expiration of twelve calander months after my decease free of legacy duty or any other duty.
Provided always And I hereby Declare that if any of the children of my late sister Sarah Taylor or my late nephew William Taylor or of my said niece May Ann Vine or of my said late brother Javis Roberts shall died in my life time having issue such issue shall take the legacy which their parents would have been entitled to if living at my decease and if more than one equally and if any of them shall die in my lifetime without having issue then I Give the Legacy to which they would have been entitled if living to be equally divided amongst their brothers and sisters and the issue of any deceased brother or sister such issue to take the share their parents would have been entitled to.
I Give Devise and Bequeath all the residue of my real and personal estate whatsoever and wheresoever after the payments of my debts and funeral and testimentry expences and the legacies bequeathed by this my WILL unto my nephew George Henry Roberts his heirs and executors and administrators and assigns absolutly.
Provided always that all monies to which any female shall be entitled under this my WILL shall be for her sole and seperate use and benifit independant of the debts controll or engagements of any husband and her reciept alone notwithstanding coveture shall be a good discharge to my said trustees.
I Direct my Trustees to invest the Legacy or Legacies share or shares to which any infant shall be entitled under this my WILL in the names or name of the trustees or trustee for the time being of my WILL in any of the Public Stocks or Funds or Goverment Securities of the United Kingdom or in the Stock of the Bank of England or upon real securities in any part of the United Kingdom or in or upon the Stock Funds Shares Mortgages Debenture or Debenture Stock or other securities of any Corporation Company Public Body Municipal Commercial or otherwise in the United Kingdom with power to vary the same at their discretion for others of the kind prescribed and to apply all or any part of the yearly income of any part
or share of my Trust Property to which under any of the bequests or dispositions hereinbefore contained each or any infant shall be entitled or contingently entitled in possesion towards the maintainance educaion or otherwise for the benifit of such Legatee during his or her minority or at the option of my said Trustees to pay the same into the hands of the parent or guardian of such infant to be so applied but for the application whereof by such parent or guardian my Trustees shall not be responcible.
Provided that it shall be lawfull for my Trustees or Trustee at any time or times in their discretion to allow the legacy or share to which any infant shall be entitled under this my WILL to remain in the hands of my said nephew George Henry Roberts at interest at the rate of four pounds per annum per annum untill the same shall becomme payable on his giving such security for the repayment of the same as shall be satisfactory to my other Trustees or Trustee.
I Empower my trustees to give reciepts for all Moneys Stocks funds Shares and effects to be piad transfered or delivered to Trustees or Trustee by virtue of this my WILL and declare that such reciepts shall exonerate the persons taking the same from enquiring into the nessesity or propriety of any sale or sales purporting to be made under this my WILL.
I Declare that the clauses herein contained so far as they concern my Trustees herein named shall extend and apply to the Trustees or Trustee for the for the time being of this my WILL.
Provided always and
I Hereby Declare that if the said Trustees hereby appointed or any of them shall die in my lifetime or if they or any of them or any Trustee or Trustees appointed as hereinafter provided shall after my death die or be abroad or desire to be discharged or refuse or become incapable to act then and in any such case it shall be lawfull for the surviving or continuing Trustee or Trustees for the time being and for this purpose a retiring Trustee shall if willing to act in the execution of this power be considered a continuing Trustee or for the acting executors or executor administrators or administater of the last surviving or continuing Trustee to appoint a new Trustee or new Trustees in the place of the Trustee or Trustees so dying or being abroad or desiring to be discharged or resigning or becoming incapable to act as aforesaid. AND upon every or any such appointment as aforesaid the number of Trustees may be augmented or reduced AND upon every such appointment the trust property shall if and so far as the nature of the property or other circumstances of the case shall require or admit, be transformed so that the same may be vested in the Trustees or Trustee for the time being and every Trustee so appointed as
aforesaid may as well before as after such transfer of the said trust property act or assist in the execution of the Trusts and Powers of this my WILL as fully and effectually as if I had hereby constittuted him a Trustee. Provded Always and I hereby declare that the trstees or trustee for the ime being of this my WILL shall be respectively chargable only for such moneys stocks funds shares and securities as they shall respectively actually revieve notwithstandind their respectivly signing any reciept for the sake of conformity - AND shall be answerable and accountable only for their own acts reciepts neglects and defaults respectively and not for those of each other nor for any Banker Broker Auctioneer or other pearson with whom or into whose hands any trust moneys or securties may be deposited or come - nor for the insufficiecies or deficiencies of ny stokes funds shares or securities nor for any loss unless the same shall happen through their own wilfull fault respectively. AND also that the said trustees or trustee for the time being may reimbuse themslves and himself or pay and discharge out of the trust premises all expencesicurred in or about the execution of the trusts of this my WILL .
AND I devise all estates vested in me as mortgagee or trustee at the time of my decease unto the said George Henry Roberts, john Scott and John Bedford Boston their Heirs and assigns subject to the trusts and equities affecting the same respectively -
Provided also and I do hearby declare and direct that any moneys advanced by me after this date to any of the persons in this my WILL with the interest thereon shall be deducted by my said trustees from the share or legacies to which such persons are entitled under this my WILL.
AND I Declare that the saidJohn Scott and any future trustee of this my WILL who may be a solicitor shall be entitled to charge my estate for all business ( whether stricley professional or not) done by him in relation to my estate or the trusts of this my WILL in the same manor as he would have been entitled to charge my executors and trustees for the same if he had not been hinself an executor ot trustee but had been employed by my executors and trustees to do such business as their solicitor.
AND I hereby Declare that no legatee Devisee or other person entitled to any moneys estate or interest under this my WILL shall see mortgage incumber or anticipate any such moneys estate or interest. AND I appoint the said George Henry Roberts, John Scott and John Bedford Boston Trustees and executors of this my WILL .
Lastly I hereby revoke all former Wills; In witness whereof I have set my hand at the end of this my WILL contained in this and the proceeding four sheets of paper this Twenty Fourth Day of October One Thousand Eight Hundred and Seventy Nine.
Signed by the said testator JOSEPH ROBERTS
As and for his last will and testament in the presence of us both present at the same time who at his request in his sight and presence and in the presence of each other have hereunto subscribed our names as attesting witnesses.
Chas A. Wilkins Solicitor Wakefield
William Furness } his Clerk
Proved at Wakefield the 20th day of June 1882 by the Oaths of George Henry Roberts , the nephew and John Scott, two of the Executors to whom Administration was granted John Bedford Boston the other executor having renounced the Probate and Execution.
The Testator Joseph Roberts was late of Wakefield in the County
of York Gentleman
Gross Value of Estate £ 33,728 : 3 : 5 Net Value £ 33,663 : 5 : 6
Messr. Brown, Wilkin & Scott
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