A copy of the Will and Testament of Samuel Walker (1801-1866)
THIS IS THE LAST WILL AND TESTAMENT of me Samuel Walker of Carlton in the Parish of Pontefract in the County of York, Whereby I direct that all my Debts, Funeral and Testamentary expenses shall be paid and satisfied as soon as conveniently may be after my decease, by my Executors hereinafter named. I GIVE AND BEQUEATH unto my Dear Wife, Rachael, the use of ALL my household goods, Plate, Linen, China, Glass, Books and other the Household Effects, which shall be in and about my Dwelling house at the time of my decease, during the term of her natural life provided she continue my widow. AND after her death or ceasing to continue my widow, then I direct that the same shall fall into the residue of my personal Estate hereinafter mentioned.
I ALSO GIVE AND BEQUEATH unto my Dear Wife, the sum of Fifty Pounds to supply her immediate occasions, and which I direct shall be paid to her immediately after my decease and as to for and concerning all the rest, residue and remainder, of my personal Estate and effects whatsoever and wheresoever, and of what kind and nature the same may be or consist of, which I shall or may be possessed of at the time of my decease, or over which I have a disposing power. I GIVE AND BEQUEATH the same and every part thereof unto my said Dear Wife.
James Edward Robinson of Pontefract aforesaid Manager of the Yorkshire Banking Company, and William Henry Marshall of Leeds, in the said County of York, Stock and Share Broker, their Executors , Administrators and Assigns, UPON TRUST as soon as conveniently may be after my decease to possess, collect, get in and convert into money so much and such parts of the same Residuary Personal Estate, as shall not consist of money or investments for money yielding Income (other than personal securities which I intend shall be called in). AND UPON FURTHER TRUST that the said Trustees or Trustee do and shall place out and invest the monies arising from my said residuary Personal Estate in their, his or her own names or name in or upon any of the Public Funds or on Government Stocks of Great Britain, or upon real securities or upon Preferential Railway Shares or Railway Bonds, in England.
AND I DIRECT AND DECLARE that my Trustees or the Trustees or Trustee for the time being of this my Will do and shall stand possessed of as well the Funds, Securities, Preferential Railway Shares and Railway Bonds to be purchased as lastly here before mentioned, and also the stock Funds, Securities and Railway Stock or Shares of which my residuary personal Estate may happen to be composed at my decease, and which shall, from time to time remain unsold and unconverted upon the Trusts and for the intents and purposes hereinafter mentioned.
WHEREAS in and by an Indenture of assignment bearing date the Twenty fourth day of October one thousand, eight hundred and fifty five and made between my son Robert Walker of the one part and myself of the other part. In consideration of my said Robert having thereby assigned over to me a certain Legacy and other interest to which he was entitled as therein mentioned. I, on behalf of myself, my heirs, Executors and Administrators did thereby covenant, promise, and agree to and with the said Robert Walker his Executors, Administrators and assigns, that I should and would in and by my last Will and Testament bequeath and properly secure to him my said son his Executors, Administrators and assigns an annuity or clear yearly sum of Fifty two Pounds to be paid to him by four quarterly payments in each year free and clear of all Legacy Duty and free and clear from all deductions or abatements whatsoever for or in respect of any present or future Taxes or any other matter or thing whatsoever for or in respect of any present or future taxs or any other matter or thing with a proportional sum for any fractional portion of a quarter of a year, which might happen to immediately precede the determination of the said Annuity, the first payment to be made at the expiration of three Calendar months after my decease and the proportional sum immediately on the death of my said son Robert.
NOW in pursuance and fulfillment of that my said covenant I do hereby bequeath unto my said Son Robert the said Annuity or sum of Fifty Two pounds as in the said Covenant is mentioned, and for the purpose of securing to him the due payment thereof I DO HEREBY DIRECT my said Trustees or Trustee to stand in Trust to appropriate and set apart so much of the said Stock, Funds, Securities, Preferential Railway Shares, and Railway Bonds, as shall yield and produce the clear full annual sum of Fifty two pounds free and clear from all Legacy Duty, and also free from all deductions or abatements whatsoever, for or in respect of any present or future Taxes, or any other account whatsoever. And I hereby direct my said Trustees or Trustee, to pay out of the interest and produce thereof, the full amount of the said Annuity of fifty two pounds unto my said son Robert during his life, together with the proportional sum for any portion of a quarter, which may happen to precede the determination of the said Annuity at the times, and according to the strict and true intent and meaning of the said Covenant.
AND after making such appropriation, to meet the said Annuity of my said Son Robert, then I direct my said Trustees or the Trustees or Trustee for the time being of this my Will, to appropriate and set apart so much of the said Funds, Stocks, Securities, Preferential Railway Shares or Bonds, as shall yield and produce the clear and full annual sum of Two hundred pounds, UPON TRUST to pay unto or otherwise authorize and empower my said Dear Wife, or her assigns, to receive and take the interest, dividends and annual produce of such appropriated funds, for and during such time and so long as she shall continue my widow.
SUBJECT NEVERTHELESS to the payment of the annual premium upon a certain policy of assurance bearing date the first day of April one thousand eight hundred and fifty two and effected in the Friends Provident Institution Office at Bradford, in the County of York in the name of my said Wife for her life, in the sum of Nine hundred and Ninety nine Pounds, nineteen Shillings, which premium I direct my said Trustees or the Trustees or Trustee for the time being of this my Will to deduct from the said Annuity of Two hundred pounds and to pay or cause the same to be paid to the said Insurance Company in order to keep the said Policy on Foot during the life of my said Dear Wife. AND it is my wish and I hereby direct and expressly request my said Dear Wife that she shall assign, will or otherwise, dispose of the said Policy of Assurance together with all the monies and advantages to arise therefrom at her death. To the same uses upon the same trusts and for the same intents and purposes as the residue of my personal estate is left and subject to, under this my Will, or such of them as can be capable of taking effect.
AND I DIRECT that the said Annuity of two hundred Pounds after deducting the amount of the said Annual Premium as aforesaid shall be paid to my Said Dear Wife in equal half yearly portions the first half yearly payment thereof to be made at the expuation of Six Calendar Months next after my decease. AND I DECLARE that my said wife shall be entitled to a proportional part of the same annuity up to and including the day of her ceasing to be my widow or Death, whichever of those events shall first happen. AND as to all the residue of my said personal Estate and the Funds, Stock, Securities, Preferential Railway Shares and Railway Bonds, whereon the same shall, from time to time happen to be invested, and also as to the Funds, Stocks, Securities, Preferential Railway Shares, and Railway Bonds to be appropriated and set apart to answer the said Several Annuities of Fifty two pounds and two hundred pounds as aforesaid when the payment of the annuities shall respectively cease to be payable.
IN TRUST for my seven other children, namely John, Joseph, Alfred, George, Thomas, Rachael Hannah, and Sarah and such other child or children as may be born at my death or in due time after my decease or such of them as shall be living at the time of my decease or in due time afterwards, and who shall have attained or shall afterwards live to attain the age of Twenty one years and the issue of such of my children as shall die in my life time or before they attain the age of twenty one years leaving issue as Tenants in Common such issue of each child so dying nevertheless only taking between and among them and as Tenants in Common the part or share which their his or her respective parent would have taken or been entitled to if he or she had lived to gain a vested interest therein and if there should be but one such child or issue then the whole to that one child or issue subject nevertheless as to the shares of such of my children as shall be Daughters to the trusts hereinafter declared concerning the same.
PROVIDED ALWAYS and I direct and declare that in case any of my last mentioned children shall not have attained the age of Twenty one years at the time of my decease, then it shall be lawful for the Trustees or Trustee for the time being of this my Will to apply all or any part of the yearly dividends, interest or annual produce of the presumptive or expectant Share, of each such Children, during his or her minority or until the time of their, his, or her, respective Shares becoming vested in, or towards his or her maintenance or education, or otherwise for his or her benefit, and that so much of any of the Dividends, interest or annual produce arising from the presumptive or expectant Share of each of such children, respectively as shall not be so applied as aforesaid, shall be improved at Interest and accumulated and the accumulation thereof shall be added to the principal of the share whence the same shall have arisen.
PROVIDED ALSO and I further declare that it shall be lawful for the said Trustees or Trustee for the time being at their, his, or her discretion to apply any part of the principal of the vested or presumptive or expected share or respective shares of each or any of my said children, of and in my said Residuary personal Estate in or towards the advancement or preferment in the world or otherwise for the benefit of the Child or Children to whom such share or Respective Shares shall actually or presumptively belong in such manner as the said Trustees or Trustee shall think proper.
AND I DIRECT and declare that the Trustees or Trustee for the time being of this my Will shall stand possessed of the Share or respective Shares in my Residuary Personal Estate of such of my children as shall be a Daughter or Daughters upon the Trusts following (that is to say) UPON TRUST to continue to lay out and invest the Share of each such Daughter respectively in the name or names of my said Trustees or Trustee in Government Real or preferential Railway Shares and Railway Bonds and from time to time to pay the Dividends, interest, and annual produce of the same unto or permit the same to be received by such Daughter of mine as aforesaid for her separate use free from the control and debts of any husband with whom she may have intermarried or might afterwards intermarry and so that during and coverture of such Daughter. She shall have no power to alien or anticipate the growing payments of th said Dividends, interest or annual produce or any part thereof.
AND I HEREBY declare that the receipts or receipt alone of any of my said Daughters notwithstanding any such coverture shall be a sufficient and full discharge to the Trustees or Trustee for the time being of this my Will for any sum or sums of money paid by them, or any of them, to any of my said Daughters, AND from and after the decease of such Daughter of mine, as aforesaid, then as to as well the said Trusts, monies, Stocks, Funds, Securities and Railway Shares and Bonds forming the Share of such Daughter of mine so dying as the yearly dividends and as produce thereof thenceforth to arise therefrom, IN TRUST, for all and every the child or children of such respective Daughter of mine so dying who shall attain the age of Twenty one years, if more than one in equal Shares as Tenants in Common for the absolute use and benefit of such child or children respectively, AND if there shall be no child of such Daughter of mine who shall live to acquire a vested interest in such Daughter, share of my Residuary Personal Estate under the trusts hereinbefore contained then I direct that the same shall fall in and become part of my residuary Personal Estate and be subject to the Trusts hereinbefore declared concerning the same, PROVIDED ALWAYS and I hereby declare that it shall be lawful for the said Trustees or Trustee for the time being of this my Will at their, his or her discretion to sell and dispose of any stocks, Funds, Securities or Preferential Railway Shares or Railway Bonds. Whereon any of the said Trust monies shall or may happen to be invested either at the time of my decease or afterwards and to invest the monies to arise from such sale or disposition in any other Stocks, Funds or other Government Securities of Great Britain, or on Real Securities or in Preferential Railway Shares or Railway Bonds in England, and vary and transfer the same as occasion shall require or as shall be thought fit.
PROVIDED ALSO, and I hereby declare that in case the said Trustees or any or either of them should die in my life time or should renounce the Execution of the Trusts hereby created or in case the said Trustees or any Trustees or Trustee to be appointed under the present provision shall die or shall become unwilling or incapable to act in the aforesaid Trusts, then and so often as the same shall happen it shall be lawful for the surviving or continuing Trustees or Trustee or if there be no such Trustee then for the retiring or renouncing Trustee for the time being or if there should be no such last mentioned Trustee, then for the Executors or Administrators of the last deceased Trustee to nominate any fit person or persons to supply the place or places of the Trustee or Trustees respectively so dying renouncing or becoming unwilling or incapable to act as aforesaid AND that immediately after every such appointment the said Trust Estate monies and Effects, Stocks, Funds, Securities and Railway Shares and Bonds shall be conveyed and transferred in such manner that the same may be vested in such new Trustee or Trustees jointly with the surviving or continuing Trustees or Trustee or in such new Trustee or Trustees solely as the case may require. AND such new Trustee or Trustees shall have and be capable of exercising all the powers and authorities whatsoever, here in before contained in the same manner to all intents and purposes as if he or they had been appointed a Trustee or Trustees by my Will.
PROVIDED ALSO that the said Trustees or Trustee for the time being shall be charged and chargeable with such sums only as they respectively shall actually receive by virtue of the Trusts hereby in them reprised notwithstanding their joining in any receipt or receipts, or doing any other act for the sake of conformity, AND that they or any of them shall not be answerable or accountable for involuntary, misfortune lose or damage which may happen in the Execution of the aforesaid trusts or in relation thereto, PROVIDED ALSO, and I hereby further declare that it shall be lawful for the said Trustees or Trustee for the time being, by and out of the money which shall come to their, his, or her hands by virtue of the trusts aforesaid to deduct, retain, and reimburse themselves, himself or herself respectively, and also to allow to each other all Costs, Charges, Damage and expenses, which he, she, they or any of them may sustain, disburse or incur in or about the Execution of the aforesaid trusts or in relation thereto.
AND I HEREBY nominate and appoint my said Dear Wife, the said James Edward Robinson and the said William Henry Marshall , Executrix and Executors in trust of this My Will and Guardians of my children during their respective Minorities. AND I hereby revoke all former Wills by me at anytime heretofore made.
IN WITNESS whereof to the said Samuel Walker have to this my Last Will and Testament contained in this and the preceding Six Sheets of Paper subscribed my Name this Seventh day of September, one thousand, eight hundred and sixty.
Signed by the said Samuel Walker the Testator
to have this my last Will and Testament in the
presence of us at the same time, who in his
presence at his request in the presence of each
other have signed our names as witnesses.
(signed) Samuel Walker.
William Hutton - Sol. Pontefract.
Wm. Dunbar - Clerk to the said William Hutton.
THIS IS A CODICIL to the last Will of me Samuel Walker of Carleton near Pontefract in the County of York, Gentleman, WHEREBY I revoke the appointment of James Edward Robinson of Pontefract aforesaid Bank Manager as Trustee and Executor of my said Will and all devises and bequests therein made to him And in all other respects I confirm my said Will. IN WITTNESS whereof I have hereto signed my name this twenty fourth day of August one thousand eight hundred and sixty four.
Signed by the said Samuel Walker the Testator,
in the presence of us, who in his presence, at his
request, and in the presence of each other, all being
present at the same time, have hereto signed our
names as Witnesses. (signed) Samuel Walker.
Robert Oxley M. D. - Pontefract
John Armitstead, - Carleton
This is the Testamentary paper writing or Will referred to in the annexed affirmation.
Rachael Walker
Wm. Hy Marshall. ExecutorsAPt Arundel. Commissioner.