Will of Leonard Umpleby dated 4th April 1866
Transcribed by Sheila K Douglas
This is the last Will and Testament of me Leonard Umpleby of Carlsmoor
in the Parish of Kirkby Malzeard in the County of York Yeoman
I appoint my dear wife Mary Umpleby my Son William Umpleby and
my friend William Burrill of Carlsmoor aforesaid Yeoman to be Trustees and
Executors of this my Will and I give and devise unto my said wife and the
said **William Burrill**and their heirs all estate vested in me as trustee
or mortgagee upon the trusts and subject to the equities effecting the same
respectively I bequeath the household furniture plate linen china glass
liquers (sic) fuel and housekeeping stores of which I shall die possessed
to my said wife absolutely
I direct the payment of all my just debts funeral and testamentary
expenses to be made as soon as conveniently may be after
my decease out of such parts of my personal Estate shall not be specifically
disposed of and shall not be required for the purposes next
herein after mentioned and I charge the deficiency thereof on all my
messuages lands hereditaments and premises and I empower my said
trustees if necessary to raise by mortgage of my messuages lands
hereditaments and premises until the same shall be sold as herein after
directed a sum of money sufficient to pay such deficiency
I give and devise all my freehold leasehold and copyhold messuages
lands hereditaments and premises wheresoever situate and
I give and bequeath all my farming stock crops implements
of husbandry and dairy utensils unto my said trustees
To hold the same to them until my youngest child living shall attain the
age of 21 years upon Trust to carry on my farming and grazing business
until my youngest child living shall attain the age of 21 years for the
maintenance of my said wife and the maintenance and education of the
bringing up of all my children under the age of 21 years
And when and so soon as my youngest child living shall have attained
the age of 21 years I give and bequeath all my farming stock crops
implements of husbandry and dairy utensils unto my said Son William
Umpleby for his own absolute use and I direct that my said Son William
Umpleby shall have the use and possession of all my messuages
lands hereditaments and premises until the 6th day of April next after my
youngest child living shall have attained the age of 21 years without
paying or being liable to account for any rent or compensation for the same,
And when and as soon as my youngest child living shall have attained
the age of 21 years I direct and empower my said trustees to sell all my
messuages lands hereditaments and premises either by public auction
or private contract together or in lots with power to make any special or
other conditions of sale as to the premises or any part thereof at any
sale by public auction and to rescind either or terms or gratuitously
any contract, and to resell the same without being answerable
for any loss and I direct that my said trustees shall out of the proceeds
arising from such sale or sales in the first place pay return and satisfy
all the costs charges and expenses incurred by them in or about
the execution of the trusts and powers hereby in them reposed
and also pay off and discharge all such sum or sums of money
as shall be then due and owing from my estate and in the next place
in case my said wife then living retain and set apart the sum of £400
sterling to be invested and disposed of as herein after mentioned and
to pay and divide the net residue of the said money unto and equally
amongst such of my Sons William John Leonard and Robert and
my Daughters Mary and Jane as shall be living when my youngest
child living shall attain the age of 21 years and the issue
of such of them as shall be then dead such issue then taking
by representation the deceased parents share only.
And I direct my said trustees to invest the said sum of £400 in their
names upon government or real securities in England or upon
the loan securities or debentures of any Railway or Chartered
company aggregate in Great Britain and paying a dividend on its
ordinary stocks or shares and to pay the interest dividends in
annual proceeds thereof to my said wife during her life including a
proportionate part thereof to the day of her death without power
of anticipation And on her decease I direct my said trustees to pay
out of the said sum of £400 to my eldest child Hannah Watson
(for whom I have made a sufficient provision) the sum of
£19 – 19 – 0 and to pay and divide the residue of the said sum of £400
unto and equally amongst such of my other children as shall be living
at the death of my said wife and the issue of such of theirs as shall
be then dead such issues taking by representation the deceased
parents share only
I empower my said trustees to give receipts for all moneys and effects
to be paid or delivered to them by virtue of this my Will and I declare that
such receipts shall exonerate the persons paying or delivering the same
from all liability in respect of the application thereof I exempt my said
trustees from losses occurring without their own wilful default and
I authorise them to retain and allow to each other all costs charges and
expenses attending or in anywise incident to the execution of the trusts
and powers of this my Will
Lastly I revoke all former Wills In witness whereof I have to this my last
Will and Testament set my hand this 4 day of April in the year of our
Lord 1866
Signed by the said Leonard Umpleby
in the presence of us at the
same time who at his request in
his presence and in the presence
of each other have hereunto subscribed
our names as witnesses
John Calvert of Masham, Solicitor
John Calvert junior