Will of Edward Banner Oakley, Sowerby near Thirsk, 1840 (proved 1841)

This is the last Will and Testament of me Edward Banner Oakley of Sowerby near Thirsk in the county of York Esquire I give and bequeath to such of my Servants hereinafter named as shall be in my service at the time of my decease the following legacies namely to John Morgan the sum of fifty pounds to Ann Steele and Mary ffoster the sum of nineteen pounds nineteen shillings each and to John Bew the sum of ten pounds I also give to my friends Richard Price of Lime Street Square in the City of London Esquire to my Cousin The Reverend John Oakley Hill and to Joseph Rider of Thirsk aforesaid Gentleman the sum of one hundred pounds each and to my friend William Lambert of Thirsk aforesaid Surgeon one hundred pounds I also give to my friends Mrs Banner of Oswaldkirk and Mr George Price the sum of nineteen guineas each token of my respectful remembrance and I direct that the said several legacies shall be paid within six Calendar months next after my decease All the Residue of my personal estate and all my real estate in possession reversion remainder or expectancy I give devise and bequeath said Richard Price John Oakley Hill and Joseph Rider their heirs ex’ors and adm’ors according to the natures and tenures thereof respectively upon trust with all convenient speed after my decease to seal and convert into money all such parts thereof as shall not then be in money or so much thereof as they may consider advisable and after paying out of the proceeds thereof all my just debts and my funeral and testamentary expences upon trust to lay out and invest the same in their names on Government or real Securities in England and to alter vary or transfer the same from time to time for other securities of a like nature as to them shall seem expedient and I direct that they shall stand possessed of such securities upon trust to receive the interest and dividends thereof as and when the same shall become payable and again to invest and lay out the same on like securities from time to time so as to from an accumulating fund until my Son Richard shall attain the age of twenty one years but with liberty if they should think proper to appropriate the whole or any portion of such accumulating interest and dividends towards the maintenance education of advancement in the world of my said Son and so soon as my said Son shall have attained the age of twenty one years then upon trust to pay assign and transfer all such monies securities accumulated interest and dividends and assign and convey all such real and personal estate as shall then be undisposed of unto and to the use of my said Son his heirs executors and adm’ors according to the respective natures and tenures thereof and in case of the death of my said Son before attaining the age of twenty one years leaving lawful issue I direct that all such parts of my real and personal estate as shall not have previously been converted into money shall be sold and the proceeds thereof be invested on Government or real securities in the names of the said Richard Price John Oakley Hill and Joseph Rider who shall stand possessed of or interested therein as well as all the other monies previously invested upon trust to pay the interest and dividends thereof for or towards the maintenance and education of such issue if more than one in equal proportions until they shall respectively attain the age of twenty one years and upon their respectively attaining that age upon trust to pay assign and transfer the principal monies funds and securities unto and equally amongst such issue if more than one and if but one then to such one his her or their executors or admors but in case of the death of my said Son before attaining the age of twenty one years without lawful issue then I direct that the said Richard Price John Oakley Hill and Joseph Rider shall stand possessed of and interested in the said monies funds and securities as well the proceeds arising from the sale of my real and personal estate and then converted into money which I hereby direct in such case to be immediately sold and the proceeds thereof invested upon trust to pay the interest dividends and annual produce thereof unto Benjamin Hill of……. near Knighton in the County of Radnor Gentleman for and during the term of his natural life and from and immediately after his decease to pay assign or transfer the whole of the said monies funds and securities equally amongst all and every the children of the said Benjamin Hill and the issue of such of them as shall be then dead leaving issue such issue to take the share or shares which their parent or parents would have been entitled if living and to be paid assigned or transferred to them respectively on their respectively attaining the age of twenty one years and I declare that the receipts of the said Richard Price John Oakley Hill and Joseph Rider shall be sufficient discharges to purchasers of my real estate for the money therein expressed to be received And I hereby direct that in case any one or more of my trustees or any future trustee to be appointed as hereinafter mentioned shall die or refuse or decline to act or become incapable of acting in the trusts of this my will or shall go to reside abroad the surviving or continuing trustee or trustees for the time being shall have full power to appoint any other person or persons to be trustee or trustees in the place of the trustee or trustees so dying refusing or declining to act or becoming incapable of acting or going abroad and so often as there shall be occasion and every such new trustee shall have the same power and authority as if he had been originally appointed and I also declare that the trustees and ex’ors of this my will shall not nor shall any of them be answerable for involuntary losses nor for the acts and deeds of each other and may respectively reimburse themselves all expences incurred by them in the discharge of the trusts hereby created I hereby appoint the said Richard Price Guardian of my said Son and I appoint the said Richard Price John Oakley Hill and Joseph Rider Executors of this my Will In Witness whereof I have to this my will contained on three sheets of paper hereunto set my hand and seal as follows that is to say to the first two sheets hereof my hand and to this third and last sheet hereof my hand and seal this tenth day of November in the year of our Lord one thousand eight hundred and forty _E B Oakley

(Attestation Clause)

John King Surgeon Helmsley _ James Thorp Inn Keeper Oswaldwick

Proved at London 17 June 1841

PCC Prob11/1947

transcribed by Ros Dunning