Biog-39-C

A true copy of the Will of Benjamin Walker (1799 - 1855.)

of Darley in the Parish of Hampsthwaite in the County of York, England.

I Benjamin Walker of Darley near Leeds, Yorkshire, do make this my last Will and Testament. This my Will that my Debts and funeral expenses, be paid by my Executors and give and devise my Estate called Long Lane Farm at Felliscliffe in the perish of Hampsthwaite occupied by Thomas Houseman, equally to my sons Joseph, and John, share and share alike and their heirs and assigns forever, as tenants in common, subject and changeable with the payment of the Annuity of twelve pounds, ten shillings a year, by each of my Sons to each of my three daughters, Ann, Hannah, and Elizabeth Jane, until they respectively attain the age of twenty four years - and as they respectively attain that age, each of my said Sons subject to the payment of one hundred and sixty seven pounds to each of my said three daughters, and also subject to the payments of the annuity of six pounds, five shillings yearly, by each of my Sons to each of my three daughters during their life, and at the death of any of my said three daughters subject to the payment of one hundred and sixty seven pounds equally amongst her children, or the Issue of her Children, and if there are no children or issue of such children, subject to the payment of the said one hundred and sixty seven pounds equally amongst themselves and my other Children or their Issue.

I give and devise my Estate at Long lane aforesaid occupied by Thomas Brown unto my Son Edwin and his heirs and assigns forever, subject to the payment of the annuity of twelve pounds ten shillings a year to each of my three daughters before mentioned, until they respectively attain the age of twenty four years, and as they respectively attain that age subject to the payment of one hundred and sixty seven pounds to each of my said three daughters, or their Issue, and also subject to the payment of six pounds five shillings yearly to each of them, my said three daughters during their life and at the death of any of my said three daughters, subject to the payment of one hundred and sixty seven pounds, equally, amongst her children or the Issue of her children and if there are no children in the Issue of such, subject to the payment of the said one hundred and sixty seven pounds, equally amongst my other children and himself or their Issues.

I give and devise my Estate at Darley and at Dacre in my own occupation to my Son Benjamin and to his heirs and assigns forever, subject and charged with the payment of the Annuity of twelve pounds ten shillings a year to each of my three daughters before mentioned until they respectively attain the age of twenty four years, and as they respectively attain that age, subject to the payment of one hundred and sixty seven pounds to each of my said three daughters on his or their Issue and also subject to the payment of the Annuities of six pounds five shillings yearly to each of my said three daughters during their life and at the death of any of my said three daughters subject to the payment of two hundred and thirty seven pounds equally amongst her children, on the Issue of her children. If there are no children or the Issue of such subject to the payment of the said two hundred and thirty seven pounds equally amongst my other children and himself, his or their Issue.

I give to my son Edwin one thousand pounds payable out of my personal Estate five hundred pounds thereof when he attains to the age of twenty four years, and, the other five hundred pounds when he attains to twenty eight years of age. If any of my four Sons die before he has attained to twenty one years of age leaving no children or issue of children, it is my Will that his part of my Real Estate and also his part of my personal Estate, go equally amongst my other Sons or their Issue, as tenants in common. And it is my Will and mind that if my money charged on my Real Estate or any part thereof is not paid to my daughters or their Issue that they my Daughters or there Issue, shall enter to and receive the Rents and proceeds of the respective Estates, charged with the payment thereof until the said Payments are made, and all expenses incurred by reason of the nonpayment thereof.

And it is my Will and I hereby order and direct that the annuities to my Daughters shall not be subject to their Debts, controls or intermeddling of their Husbands, or any of them. All the Residue of my Real and Personal Estate I give equally amongst my four Sons or their Issues.

And I appoint my Brother Spence Walker of Birstwith, near Leeds, my Nephew Robert Walker of Darley before mentioned and my Son Joseph Walker joint Executors of this my Will, and Guardians of my Children in their minority, and this my Will and mind that the Interest, Rents and proceeds of the parts or shares of any of my children, under twenty one years of age, shall be applied by my Executors for the maintenance, education and bringing up of my said children during their minorities.

Signed by the Hand of: “Benjamin Walker”

Signed by the Testator Benjamin Walker in the presence of us who have hereunto subscribed our names as witnesses in the presence of each other and in the presence of the Testator, this Twenty sixth day of eleventh month (called November) one thousand eight hundred and fifty one.

Samuel Walker

John King

By:- R. B. Walker, Eng. & H.L Walker Can revised 13 June 2006