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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.
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