1841 England Census

 

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The Will of Susannah Sayer

 

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.

 

 

This Will was kindly transcribed and sent in by Laurel.

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