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The Will of Maria Hambleton

 

This is the last Will and Testament of me Maria Hambleton of Heswall in the County of Chester Widow I appoint my friend James William Shaw of Heswall aforesaid Schoolmaster to be the sole Executor and Trustee of this my Will. I bequeath to the said James William Shaw a pecuniary legacy equal in amount to two pounds ten shillings per cent on the net value of my estate I give devise and bequeath all my real and personal estate unto the said James William Shaw (hereinafter called my Trustee) upon trust that my Trustee shall sell call in and convert into money the same or such part thereof as shall not consist of money and shall with and out of the moneys produced by such sale calling in and conversion and with and out of my ready money pay my funeral and testamentary expenses and debts and the legacy bequeathed by this my Will and shall at his discretion invest the residue of the said moneys with power for my Trustee from time to time at such discretion as aforesaid to vary such investments and shall stand possessed of the said residuary trust moneys and the investments for the time being representing the same (herein called the residuary trust funds) In trust as to one equal sixth part of the residuary trust funds to pay the income thereof unto my natural son James Sutton of Great Sutton in the County of Chester during his life and from and after his decease In trust for all his children who being sons have attained or shall attain the age of twenty one years or being daughters have attained or shall attain that age or shall marry under that age in equal shares and if there shall be only one such child the whole to be in trust for that one child and as to one other equal sixth part of the residuary trust funds In trust to pay the income thereof to my natural daughter Sarah Sutton of Heswall aforesaid during her life and from and after her decease In trust for all her children who being sons shall attain the age of twenty one years or being daughters shall attain that age or marry under that age in equal shares and if there shall be only one such child the whole to be in trust for that one child And as to one other equal sixth part of the residuary trust funds In trust to pay the income thereof to my natural son Robert Sutton of Heswall aforesaid during his life and from and after his decease In trust for all his children who being sons shall attain the age of twenty one years or being daughters shall attain that age or marry under that age in equal shares and if there shall be only one such child the whole to be in trust for that one child And as to one other equal sixth part of the residuary trust funds In trust to pay the income thereof to my daughter Mary Birch wife of William Birch of Heswall aforesaid Bricklayer during her life and from and after her decease In trust for all her children who being sons shall attain the age of twenty one years on being daughters shall attain that age or marry under that age in equal shares and if there shall be only one such child the whole to be in trust for that one child and as to one other equal sixth part of the residuary trust funds In trust to pay the income thereof to my daughter Emma Hill wife of George Hill of Heswall aforesaid Baker during her life and from and after her decease In trust for all her children who being sons shall attain the age of twenty one years or being daughters shall attain that age or marry under that age in equal shares and if there shall be only one such child the whole to be in trust for that one child and as to the remaining one equal sixth part of the residuary trust funds In trust to pay the income thereof to my son Thomas Hambleton of Heswall aforesaid during his life and from and after his decease In trust for all his children who being sons have attained or shall attain the age of twenty one years or being daughters shall attain that age or marry under that age in equal shares and if there shall be only one such child the whole to be in trust for that one child provided always that if any of them, the said James Sutton Sarah Sutton Robert Sutton Mary Birch Emma Hill and Thomas Hambleton shall die without leaving a child or children who shall live to attain a vested interest in the residuary trust funds then and in such case and as often as the same shall happen the one equal sixth share of and in the residuary trust funds the income of which is bequeathed to the one so dying shall be held in trust for all my grandchildren that is to say for all the children of such of them the said James Sutton Sarah Sutton Robert Sutton Mary Birch Emma Hill and Thomas Hambleton as shall die leaving a child or children who shall live to acquire a vested interest in the residuary trust funds in equal shares and upon the same and the like trusts as are hereby declared concerning the shares of the residuary trust funds hereby bequeathed in trust for them Provided also that if any grandchild of mine that is to say any child of any of them the said James Sutton Sarah Sutton Robert Sutton Mary Birch Emma Hill and Thomas Hambleton shall die in my lifetime leaving a child or children who shall survive me and being a son or sons shall have married or shall attain the age of twenty one years or being a daughter or daughters shall have attained or shall attain that age or shall marry under that age then and in every such case the last mentioned child or children shall take (and if more than one equally between them) the share which his her or their parent would have taken of and in the residuary trust funds if such parent had survived me and attained the age of twenty one years And I declare that my Trustee may at his own discretion raise any part or parts not exceeding together one moiety of the expectant share of any beneficiary under this my Will and apply the same for his or her advancement preferment or benefit as my Trustee shall think fit And I also declare that my Trustee may postpone the sale and conversion of my real and personal estate or any part thereof for so long as he shall think fit and that the rents profits and income do accrue from and after my decease of and from such part of my estate as shall for the time being remain unsold and unconverted shall after payment thereout of all incidental expenses and outgoings be paid and applied to the person or persons and in the manner to whom and in which the income of the proceeds of such sale and conversion would for the time being be payable or applicable under this my Will if such sale and conversion had been actually made And I also declare that all moneys liable to be invested under this my Will may be invested in or upon any stocks funds or securities of or guaranteed by the Government of the United Kingdom or of any British Colony or Dependency or in stock of the Bank of England or their debentures or debenture stock or guaranteed or preference stock or shares of any Railway or other Company in Great Britain or India incorporated by act of Parliament or Royal Charter and paying a dividend on its ordinary stock or shares or upon real or leasehold securities in England or Wales but not elsewhere such leasehold securities being held for a term whereof sixty years at least shall be unexpired at the time of such investment and in lending money on any mortgage security my Trustee may accept whatever title or evidence of title shall appear to him sufficient and in particular may in the case of leasehold securities waiver the production of the lessors title without being answerable for any loss arising thereby and my Trustee may release any part of the property comprised in any mortgage security if satisfied that the remaining property is a sufficient security for the money owing thereon In Witness whereof I have set my hand to this my Will contained in this and the three preceding sheets of paper this Twenty sixth day of April one thousand eight hundred and ninety nine.
Maria Hambleton
Signed by the said Maria Hambleton as her last Will in the presence of us present at the same time who at her request in her presence and in the presence of each other have subscribed our names as Witnesses the said Testatrix having before signing the same caused the words “in and” on the twenty sixth line of the third page to be struck out and the word “would” to be substituted in lieu thereof and the words in “Great Britain or India” to be interlined between the thirty second and the thirty third lines of the third page and the letter “E” to be interlined between the letters “S and H” in the word “leasehold” on the thirty fourth line of the third page___ Edmund Swift Rock Cottage School Lane Heswall Cheshire___ William Wilson Cree Cottage Heswall Cheshire

On the 29th June 1906 Probate of this Will was granted at Chester to James William Shaw the sole Executor
 

 

This Will was kindly  transcribed and sent in by Jane.

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