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This is the last Will and Testament of
Susannah Sayer of Sowerby in the County of York Spinster made in
manner following (that is to say) I give to my Niece Ann Scurr who
now resides with me the sum of five hundred pounds to be paid to her
by Executors hereinafter named six calendar months next after my
decease and I give all my household furniture plate linen china
glass books prints pictures wines liquors fuel consumable provisions
and other household effects of which I shall die possessed unto my
said Niece Ann Scurr for her own absolute use and benefit exempt
from the payment of my funeral and testamentary expences and debts
And I give and bequeath all my ready money and money upon securities
and all other my estate and effects whatsoever and wheresoever
herein before specifically disposed of to The Reverend Samuel Coates
of Thirsk in the said County of York Clerk and William Hall Ryott of
the same place Surgeon their executors administrators and assigns
Upon the trusts following that is to say In trust to sell and
dispose of get in and convert the same into money and in trust to
pay thereout my funeral and testamentary expences and debts and the
said sum of five hundred pounds herein before given to my said Niece
Ann Scurr And as to the residue or surplus of the money to arise and
be produced as hereinbefore mentioned the same shall be upon the
trusts following that is to say Upon the public stocks funds or
securities of the United Kingdom or any real securities in England
with liberty for the said trustees or trustee to vary and transpose
the investment from time to time for any other investment of the
description aforesaid until the same shall become payable by virtue
of the trusts and directions of this my will And upon further trust
to pay the dividends interest and annual; proceeds arising therefrom
to my said Niece Ann Scurr for and during the term of her natural
life and from and after her decease Upon trust to call in and divide
the same money so to be invested as aforesaid into ten equal parts
or portions and to pay out of such tenth parts or portions unto my
Niece Jane the Widow of Mr Wilson one of the daughters of my late
brother George Sayer if she shall be living at the decease of my
said Niece Ann Scurr but if she shall be then dead without leaving
lawful issue and whether she shall have died in my lifetime or not
that upon trust to pay such tenth part or portion unto the executors
administrators or assigns of the said Jane Wilson but if she shall
be so dead leaving lawful issue then upon trust to pay the same unto
such one only And upon trust to pay one other tenth part or portion
of the said money so to be invested as aforesaid unto my Niece
Alicia Sayer Spinster another of the daughters of my said brother
George Sayer if she shall be living at the decease of my said Niece
Ann Scurr but if she shall be then dead and whether shall have died
in my lifetime or not and without leaving lawful issue the Upon
trust to pay such last mentioned tenth part or portion unto the
executors administrators or assigns of the said Alicia Sayer but if
she shall be so dead leaving lawful issue then Upon trust to pay the
same unto such issue of more than one in equal shares and if but one
then to such one only And upon trust to pay one other tenth part or
portion of the said money so to be invested as aforesaid unto my
Niece Bell the wife of Charles Barber another of the daughters of my
said Brother George Sayer if shall be living at the decease of my
said Niece Ann Scurr but if she shall be then dead and whether she
shall have lawful died in my lifetime or not and without leaving ^
issue then Upon trust to pay such last mentioned tenth part or
portion unto the executors administrators or assigns of the said
Bell Barber but if she shall so die leaving lawful issue then upon
trust to pay the same unto such issue if more than one in equal
shares and if but one then to such one only And upon (illegible]
trust to paye one ^ tenth part or portion of the said money so to be
invested as aforesaid unto my Niece Ann the wife of William Lambert
of Sowerby aforesaid Esquire another of the daughters of my said
brother George Sayer if she shall be living at the decease of my
said Niece Ann Scurr but if she shall be then dead and whether she
shall have died in my lifetime or not and without leaving lawful
issue then upon trust to pay such last mentioned tenth part or
portion unto the executors administrators or assigns of the said Ann
Lambert but if she shall so die leaving lawful issue then upon trust
to pay the same unto such issue if more than one in equal shares and
if but one then to such one only And upon trust to pay one other
tenth part or portion of the said money so to be invested as
aforesaid unto the children of my late niece Ann the wife of Joshua
Red of Manchester Calico Printer in equal shares and proportions And
upon trust to paye one other tenth part or portion of the said money
so to be invested as aforesaid unto the children of my late Niece
Jane the wife of John Marsden in equal shares and proportions And
upon trust to pay one other tenth part or portion of the said money
so to be invested as aforesaid unto my Niece Ann the wife of Mr
Fulton and one of the daughters of my late sister Ann Stevenson if
shall be living at the decease of my said Niece Ann Scurr but if she
shall be then dead and whether she shall have died in my lifetime or
not and without leaving lawful issue then Upon trust to pay such
last mentioned tenth part or portion unto the executors
administrators or assigns of the said Ann Fulton but if she shall so
die leaving lawful issue then Upon trust to pay the same unto such
issue if more than one in equal shares and if but one then to such
one only And upon trust to pay one other tenth part or portion of
the said money so to be invested as aforesaid unto my Niece Jane
Stevenson Spinster another of the daughters of my said Sister Jane
Stevenson if she shall be living at the decease of my said Niece Ann
Scurr but if she shall be then dead and whether she shall have died
in my lifetime or not ^ without leaving lawful issue then Upon trust
to pay such last mentioned tenth part or portion unto the executors
administrators or assigns of my said Niece Jane Stevenson but if she
shall so die leaving lawful issue then Upon trust to pay the same
unto such issue if more than one in equal shared and if but one then
to such one only An upon trust to pay the remaining tenth part or
portion of the said money to be invested as aforesaid unto my Niece
Eleanor the wife of Edward Scurr of South Kilvington in the said
County of York Cattle dealer another of the daughter of my said
Sister Catherine Scurr if she shall be living at the decease of my
said Niece Ann Scurr but if she shall be then dead and whether she
shall have died in my life time or not and without leaving lawful
issue then Upon trust to pay such last mentioned ining part or
portion unto the executors administrators or assigns of the said
Eleanor Scurr but if she shall so die leaving lawful issue then upon
trust to pay the same unto such issue if more than one in equal
shares and if then but one ^ to such one only I devise all such real
estates as are vested in me upon any trust or by way of mortgage
unto the said Samuel Coates and William Hall Ryott their heirs and
assigns subject to the trusts and equities affecting the same
respectively I declare that the receipts of the trustees or trustee
for the time being of my will shall effectually exonerate mortgages
and others paying monies to such trustees or trustee from all
liability in respect of the application thereof I empower my said
trustees or the trustees or trustee for the time being of my will
(if any) or if none the executors or administrators to nominate in
writing any person or persons to supply the place of any trustee or
trustees of my will who shall die disclaim or become unwilling or
unable to act when and so often as a vacancy or vacancies shall
arise and are every such appointment the necessary assurance shall
be executed for vesting my trust estate in the new and old trustees
or trustee for the time being of my will from responsibility for the
receipts and defaults of each other and for involuntary losses and
also authorise such trustees or trustee to retain and allow to each
other all expences incurred in or about the execution of the trust
of my will And I declare that the receipt in writing of any party
who may by virtue of this my will become entitled to any share or
shares of my said trust estate shall notwithstanding the infancy or
coverture of such party be all effectual discharge to the trustees
and trustee for the time being of this my will for some much money
as in such receipt shall be acknowledged to be received and
exonerate such trustees and trustee respectively from all
responsibility in respect of the application thereof An I appoint
the said Samuel Coates and William Hall Ryott to be Executors of my
will And Lastly I revoke all former and other wills declaring this
writing alone to express the whole of my will In Witness whereof I
have hereunto set my hand and I have set my hand to each of the
three proceding sheets of this my will this eighth day of November
in the year of our Lord one thousand eight hundred and forty two.
S. Sayer Signed by the said Testatrix as her
last will and testament
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 - Simon Briggs - Mary Briggs
CODICIL
This is a Codicil to the last will and
testament of me Susanna Sayer of Sowerby in the County of York
Spinster which will bears date the eighth day of November in the
Year one thousand eight hundred and forty two
Whereas by my said will I have given all my
household furnitures plate linen china glass books prints pictures
wines liquors fuel consumable provisions and other household effects
of which I shall die possessed unto my Niece Ann Scurr for her own
absolute use and benefit exempt from the payment of my funeral and
testamentary expences and debts Now I revoke my said will so far as
regards the above gift to my said Niece Ann Scurr And I hereby give
and bequeath all the effects hereinbefore mentioned unto The
Reverend Samuel Coates late of Thirsk in the said County of York but
now of Sowerby aforesaid Clerk and William Hall Ryott of Thirsk
aforesaid and their executors administrators and assigns upon the
same trusts and to and for the same intents and purposes and
precisely in the same manner and form as in and my said will is
expressed or declared concerning all my ready money and money upon
securities and all other my estates and effects thereby bequeathed
to the said Samuel Coates and William Hall Ryott upon trust in the
said will mentioned it being my intention that the same personally
hereby bequeathed shall be considered and taken as part of any
residuary trust estate and go and be applied and disposed of
accordingly And I confirm my said will in all respects In Witnes
whereof I have hereunto set my hand this twelfth day of March in the
year of our Lord one thousand eight hundred and forty four - The
mark X of Susannah Sayer Signed by the said Susannah Sayer as a
Codicil to her last will and testament in the presence of use
present at the same time who in her presence at her request and in
the presence of each other have hereunto set our names as witnesses
- William Starbuck - Jos[aia]h
Arrowsmith John Thirsk
CODICIL
This is a second Codicil to the last will and
testament of me Susannah Sayer of Sowerby in the County of York
Spinster which will bears the date the eighth day of November one
thousand eight hundred and forty two I hereby direct the trustees
and executors appointed by my said will to pay the sum of twenty
pounds to Mary the wife of Simon Briggs of Sowerby aforesaid Carrier
out of the residuary trust money comprised in my said will which
said legacy I wish my said trustees to pay to the said Mary Briggs
within six months from my decease And I confirm my said will and the
Codicil on the other half sheet in all other respects In Witnes
whereof I have hereunto set my hand this twelfth day of March in the
year of our Lord one thousand eight hundred and forty four - The
mark of X Susannah Sayer - Signed by the said Susannah Sayer as a
second Codicil to her last will and testament in the presence of us
present at the same time who in her presence at her request and in
the presence of each other have hereunto set our names as witnesses
- William Starbuck - Jos[aia]h Arrowsmith
Proved at Yorks and London in 1844.
Prob 11/2000 Image 348
This will (with two Codicils) was proved at
York the fourteenth day of May in the year of our Lord one thousand
eight hundred and forty four before the Reverend William Lindlay
Clerk Commissioner of the Right Worshipful Granville Harcourt [?
----] Master of Arts Commissary and [? R---er] General of the
Exchequer and Prerogative Court of York lawfully constituted by the
oaths of the Reverend Samuel Coates Clerk and William Hall Ryott
doctor of Medicine the Executors of all and singular the goods
chattels and credits of the said Susannah Sayer Spinster deceased
they having been first sworn duly to administer - W[illia]m Hudson
Actuary assumed. Proved at London with two Codicils the 8th June
1844 before the Judge by the oaths of The Reverend Samuel Coates
Clerk and William Hall Ryott doctor in Medicine the Executors to
whom Administration was granted having been first sworn in by
Commission duly to administer.
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