This is the last Will and Testament of me William Sutton of Leasowe in Birkenhead in the County of Chester Farmer which I make this sixteenth day of February one thousand eight hundred and eighty four I appoint my son William Sutton the younger my son in law Frederick Turner and Hugh Earl of the Magazines Bromborough in the County of Chester Bookkeeper to be Executors and Trustees of this my Will and declare that all high and powers hereinafter reposed and vested in my trustees may be exercised by the survivors or survivor of them and the heirs executors administrators of such survivor or other the trustees or trustee for the time being of this my will I confirm the Settlement which I made in favor of my daughter Elizabeth Sutton and her issue by an Indenture dated the twenty fifth day of January one thousand eight hundred and seventy seven and made between me of the first part the said Elizabeth Sutton of the second part and my deceased son John Sutton and my said son William Sutton the younger of the third part I give an annuity of fifty two pounds to my dear Wife Jane Sutton during her life if she shall so long continue my Widow payable by equal half yearly instalments the first of such instalments to become due at the end of six calendar months after my death And I direct that my said wife shall have the use and enjoyment of one of my houses in Sandbridge Terrace Little Brighton (and whichever she shall choose) for her life if she shall so long continue my Widow free from rent and that my said trustees shall pay and discharge all rates and taxes in respect of the said house I bequeath to my said son William Sutton the Younger the sum of four hundred pounds for his own benefit I bequeath to Hannah Sutton the Widow of my late son John Sutton the sum of three hundred pounds I bequeath to the said Hugh Earl the sum of thirty pounds for his own for his own benefit free from legacy duty I devise and bequeath all my estate both real and personal and wheresoever situate unto and to the use of the said William Sutton the younger Frederick Turner and Hugh Earl or the survivors or survivor of them and the heirs executors administrators and assigns Upon trust that said William Sutton the younger Frederick Turner and Hugh Earl or the survivors or survivor of them and the executors or administrators of such survivor their or his assigns (hereinafter called the said trustees or trustee) shall sell m y real estate (except as to the house in Sandridge Terrace to be occupied by my wife at her death or Marriage again) and call in and convert into money my personal estate and shall out of the money to arise from the said calling in and conversion and the money of which I shall be possessed at my decease pay my debts funeral and testamentary expenses and shall set apart a sum sufficient to provide the said annuity of fifty two pounds for my wife and also a sum of one thousand pounds for the benefit of my son James and shall lay out the sums so set apart in their name or names in any of the public stocks or funds or on real or leasehold securities in England or Wales or in or upon the stocks funds debentures or securities of any Company or Corporation whether Commercial Municipal or other wise carrying on business or constituted for any purpose in the United Kingdom with power to vary the said investments and shall out of the income of the said investments so set apart to provide the said annuity to my said Wife pay to her the said annuity during her life if she shall so long continue my Widow in manner hereinbefore mentioned and until the said annuity shall be produced out of the fund so to be set apart I direct that the sum shall be paid out of my general estate And I direct that all the residue of the money to arise from my estate after paying my debts funeral and testamentary expenses and the legacies bequeathed by this my Will (including such provided after the death or marriage again of my Wife the fund so set apart to provide the annuity of fifty two pounds and also after the death of my son James the sum of one thousand pounds so set apart for his benefit) shall be divided among my five children Elizabeth, William, Maria, Ellen and Joseph in such manner that the share of my said Daughter Elizabeth shall be less in amount than the share of each of my said other four children by the sum of four hundred pounds and that the shares of my other children shall be equal the share of my respective daughters to be for their respective sole and separate use But I direct that so much of my said real estate as shall at the time of my decease be in the occupation of John Leicester shall not be sold during the life of the said John Leicester so long as he shall desire to occupy the same and shall pay his rent with reasonable punctuality And I direct that the income of the one thousand pounds to be set aside for the benefit of my said son James or such part thereof as shall be necessary for his proper support and maintenance shall be applied by my said trustees or trustee for the benefit of my said son James and after his death the capital of the said sum of one thousand pounds and any accumulation of income shall be held in trust for all my children who shall be then alive and the issue of such of them as shall be then dead in equal shares the issue of any deceased child taking only the share which his her or their parent would have taken if then alive and if more than one equally between them And I hereby declare that my said trustees or trustee shall first offer my farming stock implements and effects to my son the said William Sutton the younger and if he shall refuse my trustees shall sell the said stock implements and effects to any person or persons and in such manner as they may think fit And I declare that my said son William shall be allowed fourteen days within which he must either accept or decline such offer and if he shall accept the same within such period of fourteen days he shall be deemed to have declined it And I further declare that if my said son William shall accept the said offer the price to be paid for the said farming stock implements and effects shall be ascertained by the valuation of two indifferent persons one to be named by my trustees and the other by my said son or in case of their disagreement by an Umpire to be chosen by such two Valuers and if either party shall fail to name a valuer or to notify it in writing to the other party in the space of fourteen days after the day on which the offer shall be accepted or if the valuer named by either party shall refuse or neglect to act then the Valuation shall be made by the Valuer of the other party alone Provided always that no purchaser under this my Will shall be obliged or concerned to see or inquire whether the said farming stock implements and effects have been duly offered for sale to my said Son as hereby directed nor whether any such offer shall have been accepted or declined nor shall the title of such purchaser be afterwards impeached on the grounds that the said farming stock implements and effects had not previously been duly offered for sale as aforesaid nor whether any such offer (if made) had not been duly declined Provided also and I direct that my trustees shall not sell my real estate until the expiration of six calendar moths from the date of my decease so that my said children Elizabeth, William, Maria, Ellen and Joseph shall have the opportunity of agreeing amongst themselves to a division or partition between them of my real estate And I hereby declare that in the event of such partition or division of my real estate taking place my said real and personal estate shall be so divided amongst my said five children that the share which my said daughter Elizabeth shall take of my real and personal estate under this my Will shall be less in amount than the share of each of my said other four children by the sum of four hundred pounds and that the shares of my said other four children shall be equal and that the share of my respective daughters to be for their respective sole and separate use In witness whereof I the said William Sutton have to this my last Will and Testament contained on this and the three preceding sheets of paper set my hand the day and year aforesaid William Sutton
(Attestation Clause)
 
B H Newman Solr Liverpool
Richard Ewens his Clerk
 
Codicil dated 3 November 1885 revokes legacy to Hannah Sutton
 
Proved at Chester 4 November 1886 by the oaths of William Sutton the son Frederick Richaut (in the Will written Richard Turner) and Hugh Earl
 
The Testator William Sutton was late of Leasowe Side Farm Leasowe near Birkenhead in the County of Chester Farmer and died on the 3rd day of August 1886 at the said Farm

Gross amount £5235-11s-8d
 

This Will was kindly  transcribed and sent in by Ros.

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