[ Home ] - [ Search By Surname ] - [ Search By County ] - [ Links ] - [ ] - [ ] - [ ]

 

 

The Will of William Marsden

 

This is the Last Will and Testament of me William MARSDEN of Spring Wood in the parish of Sheffield in the county of York Gentleman by which I revoke all former and other wills made by me. I will and direct that my dear wife Ann MARSDEN shall be permitted to have the use and enjoyment during her life of all such plate china and household furniture not including linen as I shall be possessed of at the time of my decease. And from and immediately after her death I give the same unto and equally between and among my dear children John MARSDEN, William Henry MARSDEN, Edward MARSDEN and Sarah Ann MARSDEN or in case any of them shall die in the lifetime of my said wife then unto and equally between such of my same children as shall be then living absolutely their respective executors administrators and assigns. And I give and bequeath unto my said wife absolutely all such household linen and all such horses carriages liquors wines provisions farming stock and implements as may be in or about my residence at the time of my decease. I give and devise all my freehold and copyhold hereditaments and other my real estate whatsoever and also all leasehold estates if any and all my money and securities for money debts due and owing to me and other my personal estate whatsoever unto my friends Joseph HADFIELD of Crooks Moor in the said parish of Sheffield Merchant Richard RAMSAY of the Sheffield and Rotherham Banking Company and my said dear son John MARSDEN to hold and to the use of their heirs executors and administrators during the life of my said wife and I direct that they the said Joseph HADFIELD, Richard RAMSAY and John MARSDEN or the survivors or survivor of them their of his heirs executors administrators or assigns as my trustees or trustee hereof for the time being shall and do stand seized and possessed of all my said real and personal estates and effects given and devised as lastly mentioned upon and for the several trusts and purposes herein-after declared and mentioned that is to say upon trust with and out of the rents issues and profits interest dividends and other annual proceeds thereof to do and pay for all necessary repairs effect any proper insurances from fire and pay any other necessary outgoings which in the judgement or discretion of the said trustees or trustee hereof for the time being shall be payable or proper to be done upon or for or in respect of the same estates and effects respectively and subject thereto upon trust during the life of my said wife if she shall so long continue my widow and not marry again but if she marry again then only until that event to permit her to have and enjoy all the same real and personal estates and effects or to pay to her or permit her to receive the yearly rents issues and profits interest dividends or other annual proceeds thereof for her absolute benefit I having full confidence that she will during this period maintain educate and provide for all our said dear children in a fit and suitable manner and if my said wife shall marry again after my decease then upon trust with and out of the clear annual proceeds of my same real and personal estates and effects to pay an annuity or clear yearly sum of two hundred pounds unto such person or persons only and for such intents and purposes only as she my said wife shall in writing under her hand from time to time appoint and in default of such appointment into the proper hands of her my said wife for her sole and separate use my intent being that her receipt or receipts or the receipt or receipts of such her appointee or appointees only shall be good and sufficient discharges for the same and that the same or any part thereof shall not be subject  to the debts control or engagements of any husband she may marry after my decease the same annuity to be from time to time paid by equal quarterly payments on the twenty fifth day of March, twenty fourth day of June, twenty ninth day of September and twenty fifth day of December in each year and the first payment made on such of the said days as shall happen next after my said wife shall so marry again after which event she shall not  have or be entitled to the said annual proceeds first above made payable to her nor any apportioned part of the same annual proceeds which shall not then have accrues due and become payable provided and my will further is that my said wife shall not have power to sell mortgage charge or incumber the said annuity by anticipation before the respective payments thereof shall become due every such sale assignment mortgage charge or ? being thereby declared to be absolutely void and with and out of the said annual proceeds of my same real and personal estates and effects in the event of my said wife so marrying again a aforesaid upon trust from and after that event to pay and apply the yearly sum of fifty pounds by such instalments and in such manner as my trustees or trustee hereof for the time being shall think fit to or for the benefit of each of my said dear children William Henry MARSDEN, Edward MARSDEN and Sarah Ann MARSDEN during the life of my said wife or his her or their respective representatives in case any of them shall die in the lifetime of my said wife leaving issue and upon trust during the residue of the life of my said wife after she shall so marry again as aforesaid not extending to a longer period than for twenty one years from and after my decease to invest in the names or name of my said trustees or trustee hereof for the time being the residue of the said yearly proceeds of and arising from my same real and personal estates in the public stocks or funds of Great Britain or in or upon Government or good real securities in England and again so to invest the annual proceeds of such last mentioned securities in order that the said residue of the same proceeds may during this period accumulate in the way of compound interest and after the decease of my said wife I dispose of all my said real and personal estates and effects as follows - I give and devise all my said freehold and copyhold hereditaments and other real estate unto my said son John MARSDEN during his life without impeachment of waste and after his decease to his sons successively according to their respective seniorities in tail male and for default of such issue to my said son William Henry MARSDEN during his life without impeachment of waste and after his decease to his sons successively according to their respective seniorities in tale male and in default of such issue to my said son Edward MARSDEN during his life without impeachment of waste and after his decease to his sons successively according to their respective seniorities in tale male and for default of such issue to my said daughter Sarah Ann MARSDEN during her life without impeachment of waste and after her decease to her sons successively according to their respective seniorities in tale male and for default of such issue to the use of my said children John MARSDEN, William Henry MARSDEN, Edward MARSDEN and Sarah Ann MARSDEN as tenants in common in tail with cross remainders between or among them in tail and if all my said children but one shall die without issue to the use of such one or remaining child in tale and for default of such issue to my own right heirs for ever and to preserve the contingent remainders herein before devised from being destroyed I devise the hereditaments or real estate herein before devised to any person during his or her life with the appurtenances after the determination of the estates by forfeiture or otherwise in his or her respective lifetime unto and to the use of the said Joseph HADFIELD, Richard RAMSAY and John MARSDEN and their heirs during  the life of the tenant for life whose estate shall so determine in trust for him or her and by the usual means to preserve the contingent remainders expectant or depending thereon and as to all my said personal estate together with all accumulations which shall or may have accumulate from or with the same or from and with the rents and profits of my said real estate under the foregoing provisions of this my will and also all or any annual proceeds ? shall or may arise from my said real and personal estate and effects after the period ? for the accumulation thereof as aforesaid I give the same and every part thereof unto my said children William Henry MARSDEN, Edward MARSDEN and Sarah Ann MARSDEN if all living at the time of my said wife's decease or if all shall not be then living then unto such of them my same children as shall be then living and the issue of such of them as shall or may be then dead leaving issue in equal shares and proportions except only that the issue of any of them so ? if consisting of more than one child shall take equally between them only the share which their respective parent would have taken if living and it seems right I should hereby declare that the only reason I have for excluding my oldest son the said John MARSDEN from participating with my said other children in my said personal estate and effects and the accumulations thereof and of my said real estate as above mentioned is that he my said son John has already received from me more than would be his equal portion of the same premises provided and I will and direct that it shall be lawful for my said trustees or trustee hereof for the time being with the consent and approbation of my said wife during her life and afterwards at their or his own discretion to sell and convert into money all or any part of my said personal estate except the said furniture and other articles first herein before specifically bequeathed not consisting of money or securities for money and to invest the money composing or arising from my same personal estate and efforts in the public stocks of funds of Great Britain or in or upon Government or good real securities in England and from time to time to vary and change all or any such securities for others of a life nature when and so often as the same shall be judged necessary or expedient provided always and I declare my will to be that it shall be lawful for my said trustees or trustee hereof for the time being with the consent in writing of the person or persons for the time being beneficially entitled in possession to the rents and profits of my said real estate under the devise hereinbefore contained if then of the age of twenty one years and if not at the sole discretion of my said trustees or trustee from time to time to ? or lease all or any part or parts of my said real estates with the appurtenances to any person or persons for any term or number of years not exceeding twenty one years in possession and not in reversion or by way of future interest but so that there be reserved and made payable in every such lease during the ? thereof the best and most approved yearly rent or rents to go along with and be ? to the immediate reversion or remainder of the premises so to be leased that can or may be reasonably obtained for the same without taking any premium or foregift for the making thereof and so that in every such lease there be contained a condition of reentry on non-payment of the rent or rents thereby reserved by the space of twenty one days next after the same shall become payable and so that the lessee or respective lessees to whom such lease shall be made real and deliver or counterpart or duplicate thereof  and be not by any clause or words therein contained authorised to commit waste or exempted from punishment for committing waste provided always and I do hereby direct that any person for the time being entitled to the actual possession or to the receipt of the rents and profits of the real estates hereinbefore devised or any part thereof or to any part or share of my said personal estate and effects and the said accumulations thereof and of the said real estate shall be under the age of twenty one years the said Joseph HADFIELD, Richard RAMSAY and John MARSDEN or the survivors or survivor of them and the executors or administrators of such survivor shall so long as the person entitled as aforesaid shall be under the age of twenty one years apply a competent part of the rents issues and profits interest or other annual proceeds of such premises respectively for his or her maintenance and education or otherwise for his or her benefit and invest the residue in the names or name of the same trustees or trustee for the time being in Government or real security so as the same may accumulate in the way of compound interest all which accumulations shall absolutely belong to and be paid or transferred to such person on attaining the said age of twenty one years. And I appoint my said wife during her widowhood sole guardian of such of my said children as shall be minors at my death and after the decease or second marriage of my said wife I appoint the said Joseph HADFIELD, Richard RAMSAY and John MARSDEN and the survivors and survivor of them Guardians and Guardian of such of my said children as shall or may still me minors. And I hereby appoint the said Joseph HADFIOLED, Richard RAMSAY and John MARSDEN my said Trustees Executors also of this my will whose duty will require them in the first place from and out of my said personal estate and effects to pay discharge all my just debts and the charges and expenses of and attending my funeral and the proving of this my Will and I give and devise all such real estates as are or may at my decease be vested in me in fee or for an estate of freehold in trust or by way of mortgage and not beneficially any such not being intended to be included in the devises hereinbefore made by me upon the trusts and for the intents and purposes and subject to the provisions or conditions which shall be subsisting in or upon such estates respectively at the time if my decease provided always . And I do hereby declare that if the trustees hereby appointed by me or any of them or any future trustee or trustees to be appointed as hereinafter is mentioned for all or any of the purposes hereinbefore mentioned shall die or be desirous of being discharged from or refuse or become incapable to act in the said trusts before the same or any of them shall be fully performed then and so often as the case shall happen it shall lawful for the surviving or continuing trustee in each or any such case or if there shall be no continuing trustee then for any executors or executor or personal representatives for the time being by any writing or writings to appoint any person or persons to be a trustee or trustees in the stead of the trustee or trustees so ? or desiring to be discharged from or refusing or becoming incapable to act as aforesaid and that upon every such appointment all the trust estates and premises real or personal which shall or may have been vested in such retiring or deceased trustee or trustees alone or jointly as aforesaid shall be conveyed assigned and transferred in such manner and so that the same may be effectually vested in the new trustee or trustees solely or jointly with the surviving or continuing trustee or trustees as the case may require and that every such new trustee shall have such and the same powers authorities and direction to all intents and purposes as if he had been originally in and by this my Will appointed such a trustee provided always and I do hereby declare that the trustees hereby appointed or to be appointed as aforesaid and their respective heirs executors administrators and assigns shall be as aforesaid and their respective heirs executors administrators only for such monies ? they shall respectively actually receive by virtue of the trusts aforesaid and any one or more of than shall not be answerable or accountable for the other or others of them or for any? or other person with whom or in whose hands any part of the trust monies shall be lodged for safe custody or otherwise or for the insufficiency or deficiency of any such security or securities as aforesaid or for any other involuntary losses and that it shall be lawful for the said trustees to retain and reimburse themselves and allow to their cotrustees of the trusts aforesaid or in relation thereto. In witness whereof I the said William MARSDEN have hereunder signed my name (?inserted text)  at the foot of each of the five preceding sheets of paper this fourteenth day of June the year of our Lord one thousand eight hundred and forty two - Wm MARSDEN - Signed by the above named William MARSDEN the testator as and for his last Will and Testament in the presence of us present at the same time and who in his presence now subscribe our names as Witnesses - James WILSON - Willm BICKLEY.

 

This is a Codicil to be annexed to and taken as part of the last Will and Testament of me William MARSDEN of Spring Wood in the parish of Sheffield in the County of York Gentleman dated the fourteenth day of June one thousand eight hundred and forty two I give unto the Trustees for the Girls Charity School in Sheffield of which I have myself acted as a trustee for many years a legacy of one hundred pounds to be paid to the treasurer thereof within six calendar months after my decease out of such part of my personal estate as shall consist of money or mere personal chattels and I declare that the receipt of the treasurer for the time being of the said Charity shall be a good discharge for such legacy and whereas I have in and by my said Will appointed my friends the late Joseph HADFIELD of Crooks Moor in the said parish of Sheffield Merchant who has died since the execution of my said Will / Richard RAMSAY of the Sheffield and Rotherham Banking Company together with my dear son John MARSDEN Executors thereof and Trustees to carry the trusts thereof into effect ? I do hereby revoke such appointment so far as related to the said Joseph HADFIELD and Richard RAMSAY and do declare the same to be void and in lieu of the said Joseph HADFIELD and Richard RAMSAY do hereby constitute and appoint my friends ? George CHAMBERS of High Green in the Parish of Ecclesfield Coalmaster and Thomas Newman BARDWELL the younger of Prior Bank in the Parish of Sheffield aforesaid Gentleman to act along with my said dear son John MARSDEN as Executors of my said last Will and testament and of this my Codicil thereto and that in as full and ample a manner to all intents and purposes as if they had been named and appointed together with him Executor in and by my said last Will and Testament and for that purpose I do hereby give and devise all my freehold and copyhold hereditaments and other my real estate whatsoever and also all leasehold estates if any and all my money securities for money debts due and owing to me and other my personal estate whatsoever unto the said George CHAMBERS, Thomas Newman BARDWELL and John MARSDEN to hold the same to them their heirs executors administrators and assigns according to the respective natures and titles thereof upon and for the several uses trusts intents and purposes mentioned specified and declared in and by my last Will and Testament and this my Codicil thereto of John MARSDEN the Son the Executor names in the Will and George CHAMBERS and Thomas Newman BARDWELL the younger Esquires the Executors named in the Codicil to whom probate was granted having been first sworn by ? duty ?

 

London October 8th 1848

 Proved at the PCC in 1848.

 

 

This Will was kindly transcribed and sent in by John.

If you feel that any of the persons named in the above will is a person that you are researching, then you can

 

 

[ Home ] - [ Search By Surname ] - [ Search By County ] - [ Links ] - [ ] - [ ] - [ ]

The copies of wills submitted to these pages remain the property of the submitters, they are not to be copied, reproduced on any web-site without the consent of the submitters or used for any commercial purpose.

 

Website Created & Maintained by Peter Ward -

Copyright © 2004-2012 The Webmaster of Will Transcriptions Online (Peter Ward). All rights reserved.