BURRILL, William of Carlsmoor. 1865
The last Will and Testament of William Burrill of Carlsmoor dated 18th June 1865
This is the Last Will and Testament of me William Burrill of Carlsmoor
in the Parish of Kirkby Malzeard, in the County of York, Yeoman
I appoint my dear wife Jane Burrill and my friends Leonard Umpleby of
Carlsmoor aforesaid, and Thomas Richmond of Laverton in the said Parish
of Kirkby Malzeard, gentleman to be Trustees and Executors of this my Will
And I give and devise unto the said Jane Burrill, Leonard Umpleby and
Thomas Richmond and their heirs All estates vested in me upon any Trust
or by way of mortgage upon the Trusts and subject to the equities effecting
the same respectively
I bequeath to my said wife a pecuniary Legacy of £20 sterling to be paid to
or retained by her within one calendar month from the time of my decease.
I also bequeath to my said wife the use and enjoyment during her life of all
such furniture plate linen china books pictures prints and other household
effects as she shall within one calendar month from the time of my decease
think proper to select And on her decease I direct that the same furniture
plate linen china books pictures prints and other household effects shall form
part of the residue of my personal estate and to be disposed of accordingly
I give and bequeath unto my said dear wife during her life one annuity or
clear yearly Rent charge or sum of £50 sterling And to my brother John Burrill
during his life an annuity or clear yearly Rent charge or sum of £15 sterling
And charge the said annuities on all my messuages lands and hereditaments
situate in the Parish of Kirkby Malzeard aforesaid or elsewhere
And I direct that the said annuities shall be paid in equal portions half yearly
on the 13th day of May and the 23rd day of November in every year the first
portion to be paid on such of the said days as shall first happen after my
decease and that a proportion of such annuities respectively up to and inclusive
of the days of the deaths of the respective annuities shall be paid immediately
after their respective deaths
I give and bequeath the several pecuniary Legacies following namely to
Margaret Moor and Mary Cundale the daughters of my said brother
John Burrill the sum of £25 each and to John Burrill and Mary Cundale
the children of the late Peter Burrill of Swetton in the said Parish of Kirkby
Malzeard the sum of £25 each To my servant George Umpleby in case he
shall be living with me at the time of my decease the Legacy or sum of £25
sterling in addition to the wages which my be due to him
And I direct that the said several Legacies shall be paid to the several
Legatees at the expiration of twelve calendar months from the time of my
decease.
I give and devise all my messuages lands tithes hereditaments and premises
whether of freehold copyhold or leasehold tenure situate in the Parish of
Kirkby Malzeard aforesaid or elsewhere
And I give and bequeath all the residue of my personal estate unto and to the
use of the said Jane Burrill Leonard Umpleby and Thomas Richmond
(who or other the trustees and any the sole Trustees for the time being
of this my Will are and is hereinafter referred to as “my said Trustees”) their
heirs executors administrators and assigns respectively Upon trust to convert
into money all such part or parts of my personal estate as shall not consist of
money or securities for money and to collect recover and get in all sum or sums
of money due to me at the time of my decease and Upon trust in the first place
to pay all my just debts and funeral testamentary expenses and all the costs
charges and expenses attending or in anywise incident to the execution of the
trusts and powers of this my Will and also the several Legacies hereinbefore
bequeathed and to invest the net residue of my personal estate in their names
upon government or real securities or the loan securities or debentures of any
Railway or chartered company aggregate in Great Britain and paying a
Dividend with power for my said Trustees from time to time to vary and
transpose such investments for any other or others of the kind prescribed and
to give all necessary receipts in anywise relating thereto
And I direct my said Trustees to let from year to year or for any term not
exceeding three years on/in? performance/proportion/possession?
at the best rent due to manage in all respects the hereditaments hereinbefore
devised to them and to secure the rents and profits thereof and after payment
of the incidental out-goings and expenses and the said two annuities to apply
the net rents and profits also the annual income of my personal estate or an
adequate part thereof for or towards the maintenance and education of
my Godson Leonard Peter Burrill the Son of the said John Burrill of
Swetton aforesaid and the grandson of the said late Peter Burrill until
he shall retain the age of 21 years and to invest the unapplied surplus (if any)
and the resulting income thereof from time to time in manner hereinbefore
directed in regard to my personal estate and improve the same as an
accumulating fund with liberty nevertheless for my said Trustees at any time
or times to resort to the accumulations of any preceding year or years.
And when and as soon as the said Leonard Peter Burrill shall attain his
age of 21 years I give devise and bequeath all my messuages lands tithes
hereditaments and real estate wheresoever situate and all my personal Estate
of what nature or kind soever unto and to the use of the said Leonard Peter
Burrill his heirs executors administrators and assigns absolutely
Provided always and in case the said Leonard Peter Burrill shall not live to
attain the age of 21 years then and in such case I give devise and bequeath
all my said real and personal Estate unto and to the use of William John
Burrill and Peter Burrill the sons of the said John Burrill of Swetton
aforesaid and Grandsons of the said late Peter Burrill of Swetton aforesaid
their heirs executors administrators and assigns in equal shares as tenants in
common.
I empower my said Trustees to give receipts for all monies and effects to be
paid or delivered to such trustees by virtue of my Will and I declare that such
receipts shall exonerate the persons taking the same from all liability to see
to the application or disposition of the monies or effects therein mentioned.
And I exempt every trustee of my Will from liability for losses occurring without
his or her own wilful default and authorise him and her to retain and allow to
his or her co-trustee or co-trustees all expenses incidental to the trusteeship
And whenever by death whether in my lifetime or after my decease unfitness
to act or otherwise there shall not be three competent acting trustees of this
my Will I empower my said wife during her life and after her decease the
acting trustee or trustees and if none then any person who shall have
renounced or retired from the trusts of this my Will or the executors
or the administrators of the last deceased trustee or either or any of such
executors or administrators by any instrument in writing to appoint a new
trustee or new trustees so as to fill up the original number or to increase
the same
And I direct that every new trustee shall be an executor of this my Will
And on every such appointment the necessary assurances shall be
executed for vesting the trust estate in the new and old trustees or in the new
trustees solely as the case may be And such new trustee or trustees shall as
well as before as after the trust ?prienes/persons??? shall be so vested have
the same powers in all respects as the trustees hereby appointed
I appoint my said wife and after her death the trustees and trustee for the time
being of my Will to be guardians of the person and estate of the said
Leonard Peter Burrill during his minority.
Lastly I revoke all former Wills.
In witness whereof I have to this my Last Will and Testament contained in this
and the three preceding sheets of paper set my hand and I have also set my
hand to each of the preceding sheets this 18th day of June in the year of our
Lord 1865.
William Burrill
Signed by the said William Burrill in
the presence of us present at the
same time who at his request in
his presence and in the presence
of each other have here unto
subscribed our names as witnesses
Henry Calvert, Solicitor, Masham
Jane Calvert