Indenture by John INGLEBY. 31.12.1877
Indenture made by John INGLEBY dated 31st December 1877
Transcribed by Sheila K Douglas
Indenture made the thirty first day of December in the year of our Lord one thousand
eight hundred and seventy seven. Between John Ingleby of Dallowgill
in the Parish of Kirkby Malzeard in the County of York, Carpenter of the one part
and David Richmond of Laverton Intake in the said Parish, Farmer of the other
part.
Whereas Matthew Ingleby late of Wakehill in Dallowgill aforesaid, Farmer
and now deceased by his Last Will and Testament dated the eleventh day of April
one thousand eight hundred and sixty eight appointed his Brother Robert Ingleby
and the said David Richmond Executors and Trustees of his Will and after devising
to his wife Elizabeth for her own absolute use and benefit all his household
furniture and household effects of every description the said testator gave and
bequeathed to his said Trustees and Executors all his farming stock crops and
implements of husbandry and all his monies and securities for money and all
other his personal estate whatsoever and wheresoever upon trust at their discretion
after his decease to sell and absolutely dispose of and convert into money when and
in such manner as they might deem most advisable such parts thereof as might
not consist of money at the time of his death and after payment thereout of all
his just debts funeral and testamentary expenses upon trust to invest the residue
thereof at interest upon securities they might think proper with full power
at all times to vary and transpose any such securities into others of a like
nature and give all necessary and effectual receipts anywise relating thereto
And upon trust to pay and apply the income and annual proceeds of the
said trust moneys unto his wife Elizabeth during the term of her life if she
should so long continue his widow but not otherwise for the maintenance of
herself and their children And from and after her decease or next marriage
whichever event should first happen upon trust to call in the said trust
monies and to pay the same unto his Son the said John Ingleby if he
should be then living and should have attained or should live to attain
the age of twenty one years And the said testator gave and devised unto his
said Trustees and their heirs executors administrators and assigns all his
hereditaments and real estate situate at Dallowgill aforesaid or elsewhere
and whether in possession reversion remainder or expectancy To hold the same
unto them and the survivor of them his heirs executors and administrators
upon trust to pay the rents and annual profits unto his said wife for
her life if she should so long continue his Widow, but not otherwise And
from and after her decease or her next marriage upon trust to stand possessed
of the said hereditaments and real estate at Dallowgill aforesaid or elsewhere
In trust for his said Son John his heirs executors administrators and
assigns absolutely And the said testator declared that his said Trustees
or other the Trustees or Trustee for the time being of that his Will should
not be answerable for each others acts or receipts nor for any Banker or
Broker or other person to whom the trust monies or any of them might
be entrusted for the purpose of or until investment or for any other loss
whatsoever happening to the trust property without their own respective
wilful default and should be at liberty and have full power to retain
and allow to each other all costs charges and expenses whatsoever as between
Solicitor and Client to be incurred or in anywise incident to the execution
of the trusts of his Will.
And whereas the said testator did not revoke or in any way alter his said Will and he died on the nineteenth day of May one thousand eight hundred and sixty eight and on
the sixteenth day of October following a Probate of the said Will was
granted by the Wakefield District Registry of the late Court of Probate
to the said Robert Ingleby alone power being reserved of making a
like Grant to the said David Richmond.
And whereas the said Robert Ingleby died on the seventh day of November
one thousand eight hundred and seventy six and on the second day of January
following a Probate of the said Will was granted by the Wakefield
District Registry of the Probate Division of the High Court of Justice
to the said David Richmond who is now the sole personal
Representative of the said testator Matthew Ingleby deceased.
And whereas the said David Richmond received from the Administrator
of the said Robert Ingleby deceased the sum of ninety pounds being
the net amount of the pure personal estate of the said testator
after payment of his debts and funeral expenses.
And whereas the said Elizabeth Ingleby the Widow of the said testator received
the income of the said sum of Ninety pounds and the Rents of the
x x x x x x x messuages and lands of the said testator to her second
marriage on the twenty second day of February last.
And whereas the said John Ingleby attained his age of twenty one years on the
nineteenth day of June last, and he thereupon became absolutely
entitled to the whole of the estate of the said testator.
And whereas the said testator had no real estate and the said David Richmond
has assigned the Leasehold estate of the said testator according to the
direction of the said John Ingleby and the said David Richmond after
deducting the cost of the Grant to him of Probate of the Will of the
said testator and his own personal expenses has paid the balance
of the said sum of Ninety pounds to the said John Ingleby as he
doth hereby acknowledge and the said John Ingleby has agreed to
execute such Release as is hereinafter contained
Now this Indenture witnesseth that in consideration of the premises the said
John Ingleby doth hereby release and discharge the said David
Richmond of and from all actions claims and demands whatsoever for
or in respect or on account of the real and personal estate of the said
testator Matthew Ingleby deceased and the rents profits and income
thereof respectively or any part or parts thereof respectively or any act deed
matter or thing whatsoever done or omitted to be done by the said
David Richmond in or about the execution of the said Will or the
trusts thereof or in anywise relating to the premises.
In witness whereof the said parties to these presents have herewith set their
hands and seals the day and year first hereinbefore written.
Signed sealed and delivered by the above named John Ingleby
in the presence of Henry Calvert, Solicitor, Masham