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On the tenth day of August 1881, the Will
of William Henry Lamb late of Whitby in the County of Yorkshire
Tobacconist deceased, who died on the eleventh day of June 1881,
at Whitby aforesaid was proved in Her Majesty’s High Court of
Justice in the District Registry attached to the Probate
Division thereof at York by the Oaths of Elizabeth Lamb of
number 18 Baxtergate in Whitby aforesaid Widow the Relict of the
said deceased and Thomas Kingston of number 25 Baxtergate
aforesaid Jet Ornament Manufacturer and George Kingston of
number 41 Victoria Street in Scarborough in the said County of
York Cabinet Maker (Brothers of the said Elizabeth Lamb) the
Executors named (in the said Will) they having been first sworn
duly to administer.
£ s
d
Gross amount of Personal Estate 1110 13
11
Debts and Funeral Expenses deducted 16 12
8
___________
Net amount of Personal Estate 1094 1 3
===========
No leaseholds
Extracted by Buchannan & Sons Solicitors
Whitby
This is the last Will and Testament of me
William Henry Lamb in the Borough of Whitby in the County of
York Tobacconist made this ninth day of June in the year of our
Lord One thousand eight hundred and eighty one I appoint my dear
wife Elizabeth Lamb and her brothers Thomas Kingston and George
Kingston Executrix and Executors of this my Will and Trustees
for the purpose hereinafter expressed I give the legacy or sum
of Twenty five pounds to my said wife to be paid to or retained
by her as soon as conveniently may be after my decease for her
personal use I give and devise my two freehold messuages or
dwellinghouses situate and being numbers eighteen and nineteen
in Falcon Terrace in the Borough of Whitby aforesaid and the
actual and reputed appurtenances thereto together with the use
and enjoyment of the household furniture linen china glass plate
books pictures prints and other household effects of which I
shall die possessed to my said Wife during her life she insuring
and keeping the same insured against loss by fire to the full
value in the names of my trustees and also keeping the same in
good repair and condition (reasonable wear and tear excepted)
And after her decease I direct that the said messuages
hereditaments household furniture and other chattels shall go
and be disposed of as part of my residuary real and personal
estate hereinafter devised appointed and bequeathed And I direct
my trustees to cause an inventory to be taken of the same
household furniture and other chattels before the delivery
thereof to my said Wife and two copies of such inventory to be
signed by my said Wife of which copies so signed one shall be
delivered to her and the other kept by my trustees (other than
herself) I give to my son William Henry Lamb my watch and its
appendages and all my other jewellery trinkets and personal
ornaments And I direct that the said articles may be delivered
to him at such time or times as my trustees shall think fit
notwithstanding his minority I devise appoint and bequeath all
the real and personal estate of which as owner or in the
execution of any power or otherwise I shall at the time of my
decease be competent or entitled to dispose by this my Will (not
hereinbefore otherwise disposed of) unto and to the use of my
said wife Elizabeth Lamb and the said Thomas Kingston and George
Kingston their heirs executors administrators and assigns
according to the different natures and tenures thereof As to any
real and person estate vested in me as trustee or mortgagee Upon
trust to dispose thereof according to the Equities affecting the
same respectively And as to all other the real and personal
estate lastly hereinbefore devised appointed and bequeathed
which is hereinafter comprised under the denomination of “my
trust property” Upon trust to dispose thereof according to the
directions hereinafter contained that is to say I direct that my
Trustees shall at such time or times as having regard to the
destination of my trust property under this my Will they shall
judge expedient sell my real and leasehold trust property by
public or private sale together or in lots with power to make
any special or other conditions of sale as to the title or the
evidence of title or otherwise to buy in the premises at any
sale by public auction and to rescind either on terms or
gratuitously any contract and to resell without being answerable
for any loss and invest the produce conformably to the clause
for the investment of monies hereinafter contained And shall in
the meantime let from year to year or for a term of years upon
building repairing or improving leases or occupy and use my said
real and leasehold estate and manage the affairs thereof
generally at their discretion I direct that my debts and funeral
and testamentary expenses and the pecuniary legacy hereinbefore
given shall be paid as soon as may be out of my trust property I
direct that my trustees shall sell and convert my personal trust
property not consisting of monies invested in Stocks funds
shares or securities yielding income (other than personal
securities) or in Ships Steamers or other Vessels or parts or
shares thereof (hereinafter called “Shipping Property”) and
Shall at their discretion either get in the monies invested as
last aforesaid and sell and convert the said shipping property
or permit the same to continue in the state or investment
wherein the same shall be at the time of my decease And shall
invest the produce of the trust property so converted or gotten
in pursuant to the general direction for investment hereinafter
contained And as to such my Shipping property as aforesaid I
empower my Trustees if and so long as they shall in their
uncontrolled discretion think fit and either alone or in
partnership with any other person or persons to employ manage
and carry on the same and to enter into an make all such
contracts charters or agreements respecting the said shipping
property as they shall think fit and to repair and insure the
same for such amounts and in such manner as they shall think
proper and as if they were the absolute owners thereof and to
delegate all or any of the powers or authorities hereby
conferred upon them in relation to the said shipping property or
any part thereof to any other person or persons and generally to
transact all matters and concerns respecting the same in the
same manner in all respects as I might have done if living And I
hereby declare that all the losses costs charges and expenses
which may be incurred or expended by my trustees in or about the
employment or management of such shipping property and the
repairing fitting out or insuring the same or otherwise in
relation thereto shall be paid and discharged out of the profits
thereof or if they shall not be sufficient then out of my trust
property And that the clear or net yearly profits of the said
Shipping property shall be treated as part of the annual income
of my trust property and go and be disposed of accordingly I
direct that my Trustees shall permit my wife (if she shall so
long live) to receive from my death until my said Son William
Henry Lamb shall attain the age of twenty one years (whichever
event shall first happen) the net annual income actually
produced by my trust properly howsoever constituted or invested
and whether yielding more or less than the ordinary rate of
interest including a proportion of the payments accruing due at
my death whether ordinarily apportionable or not I direct that
my Wife shall out of the income to be received by her pursuant
to the last clause maintain educate and bring up my said Son
until the age of twenty one but my trustees (other than my said
wife) shall not be obliged to see this direction fulfilled I
direct that subject to the preceding directions my Trustees
shall hold my trust property upon trust for my said Son William
Henry Lamb absolutely But if he shall die under the age of
twenty one years without leaving issue then As to one moiety or
equal half part of my trust property Upon trust to permit my
wife during her life to receive the net annual income thereof
howsoever constituted or invested and whether yielding more or
less than the ordinary rate of interest And subject thereto Upon
trust for such person or persons as under the Statutes for the
distribution of the effects of Intestates would have become
entitled to the personal estate of my said Wife if she had died
immediately after my decease intestate and without leaving a
Child or other issue such persons if more than one to take as
tenants in common in the shares in which they would have taken
the personal estate of my said wife under the same statues And
as to the other moiety or equal half part of my trust property
Upon trust for such person or persons as under the Statues for
the distribution of the effects of Intestates would have become
entitled to my personal estate at my death if I had died
intestate and without leaving a Widow Child or other issue such
persons if more than one to take as tenants in common in the
shares in which they would have taken my personal estate under
the same Statutes I direct that my real estate shall be
considered for the purposes of enjoyment and transmission under
the trusts hereinbefore declared concerning my trust property as
converted into personal estate from my death I direct that my
trustees after the death of my Wife shall apply the whole or so
much as they shall think fit of the income of my trust property
to which my said Son may be contingently entitled as a fund for
his maintenance education and bringing up in such manner as my
trustees shall judge expedient accumulating the surplus income
in aid of the said fund and the income and accumulations
ultimately unapplied shall follow the destination of the capital
whence the same shall have arisen I direct that my trustees
shall have power in their uncontrolled discretion to raise by
such means as they shall judge expedient out of my trust
property any part not exceeding one half of the Principal or
value thereof and apply the same for the advancement in life of
my said Son I declare that every estate share interest legacy or
benefit to which under the trusts and provisions of this my Will
any female shall become entitled shall be enjoyed and disposed
of by such female as her separate estate free from marital
control and engagements I direct that all investments to be made
in pursuance of my Will shall be made in or upon some one or
more of the investments or securities following and those only
that is to say the public funds Government securities of the
United Kingdom real or leasehold securities in England or Wales
and not elsewhere such leaseholds having not less than sixty
years unexpired at the time of the investments thereon
respectively or the bonds debentures or debenture Stock or
guaranteed or preferential stock or shares of any Railway or
Dock Company in England authorized by special Act of Parliament
and at the time of the investments thereon respectively paying
dividends And I empower my Trustees to vary such investments at
their discretion for any other or others of the kinds prescribed
I declare that a new trustee or new trustees of this my Will may
from time to time be appointed in the manner prescribed by Law
and that on every such appointment the number of my trustees may
be increased or diminished but not to less than two I direct
that the trusts and powers hereinbefore confided to my trustees
herein appointed (who are hereinbefore mentioned or referred to
as “my trustees”) may be executed by the trustees or trustee for
the time being of this my Will and in regard to Trustees to be
appointed as well before as after the vesting of the trust
property in them I appoint my Wife and after her death the
trustees or trustee for the time being of my Will to be Guardian
or Guardians of the person of my said son Lastly I revoke all
prior Wills and testamentary writings In witness whereof I have
signed my name at the foot or end of this my Will contained in
this and the three foregoing sheet of paper the day and year
first before written in the presence of the two subscribing
witnesses
W.H. Lamb
We the undersigned have attested the
execution of the foregoing writing by William Henry Lamb of the
Borough of Whitby in the County of York Tobacconist signing his
name thereto as his last Will in the presence of us present at
the same time and without quitting his presence we subscribe the
same in the presence of each other the word “the” having been
first struck out in the twenty fourth line of the third page
George Buchannan Solrs Whitby
Charles Buchannan
Proved at York this tenth day of August
1881 by the Oaths of Elizabeth Lamb
Widow the Relict and Thomas Kingston
and George Kingston (Brothers of the
said Elizabeth Lamb) the Executors to
whom Administration was granted
The Testator William Henry Lamb was late
of Whitby in the County of York Tobacconist and died on the
eleventh day of June 1881 at Whitby aforesaid
Gross amount of Personal Estate £ 1,110 13
11
No Leaseholds
Extracted by Buchannan & Sons, Solicitors,
Whitby
This is a true Copy |