1871 England Census

 

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The Will of William Henry Lamb

 

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

 

 

This Will was kindly transcribed and sent in by Elizabeth.

 

 

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