Last Will and Testament of James Allison Clark

Date: 26 Dec 1843 [unknown]
Location: [unknown]

THE LAST WILL AND TESTAMENT, of James Allison Clark

THIS IS THE LAST WILL AND TESTAMENT of me James Allison Clark of Tuxford in the County of Nottingham Yeoman First I will and direct that all my just Debts funeral and Testamentary Expences be paid and satisfied. I give devise and bequeath unto my son GEORGE CLARK of Liverpool Tailor and my friend Thomas Birkett of Tuxford aforesaid Miller All and every Messuages Cottages Closes Lands Tenements hereditaments and real Estate whatsoever and wheresoever And also all and singular my monies securities for Money Goods Chattels personal Estate and effects whatsoever To hold the same Estate respectively unto and to the use of the said GEORGE CLARK and Thomas Birkett - their heirs executors administrators and assigns Upon the several Trusts and for the several ends intents and purposes hereunder mentioned or declared (that is to say) Upon Trust that they and the survivor of them his heirs Executors or administrators do and shall sell and convert into money and place the same part of my said personal Estate as shall not consist of money and place the same out at Interest upon Real or Government Security (with power to change the same at discretion) and receive and take the interest dividends and annual proceeds thereof as well as the interest of such part of my personal Estate as shall already out upon security together with the rents and profits of my said Real Estate and from time to time do and shall apply the same respectively or a competent part thereof in and towards the payment of the charges or instalments that may become due and payable in respect of my Messuages Dwellinghouses hereditaments and real Estate at Liverpool aforesaid which were erected and built under the provisions of a Society called"The Royal Exchange Building Society" until the whole or such charges or Installments are payed off and satisfied And I direct that my said Trustees or Trustee for the time being do and shall yearly pay the surplus (if any) of the said Rents interest Dividends and annual profits (after the payments aforesaid) unto and equally amongst my said Son GEORGE my SON James Clark and my two Daughters ELIZABETH the wife of EDWARD STOCKS and MARYANN the wife of ROBERT BINGHAM for their respective sole and separate use free from the control or engagements of their respective present or future husbands and in case my said son JAMES shall die before the said instalments are fully paid off I direct that his share of and in the said surplus of rents and annual proceeds shall be paid and applied for the maintenance and benefit of all his children share and share alike And when so soon as all the said instalments shall have been paid off and satisfied Then upon further trust that they my said Trustees or Trustee do and shall stand possessed of all and singular my Messuages Dwellinghouses hereditaments and Real Estate at Liverpool aforesaid but not elsewhere In Trust for my said Daughter MARYANN BINGHAM during her natural life with full power for her to receive and take the rents issues and profits thereof for her own sole and separate use free from the Debts control oe engagements of her present or future Husband and from and immediately after the decease of my said daughter MARYANN BINGHAM Then upon further Trust that they my Trustees or Trustee do and shall stand possessed of the rents and profits of my said Messuages Dwellinghouses hereditaments and Real Estate at Liverpool aforesaid and pay and apply the same in manner following (that is to say) Ten Pounds part thereof yearly and every year unto my said Son GEORGE CLARK during his natural life and the remaining part of such rents and profits unto the said ROBERT BINGHAM to be applied for the maintenance of himself and all such children or as an only child as the case may be of her the said MARYANN BINGHAM who shall survive her until the youngest of such children for the time being shall attain thw age of Twenty one years and then Upon further Trust that they my said Trustees or Trustee do and shall pay Ten pounds part of such remaining rents and profits yearly and every year unto the said ROBERT BINGHAM for his own use during his natural life (if he remains single and unmarried) and as to such remaining part of the said rents and profits (subject to the annual payment of Ten pounds and Ten pounds to the said GEORGE CLARK and ROBERT BINGHAM as aforesaid do and shall pay and apply the same unto and for the maintenance and support of the children or child as the case may be of the said MARYANN BINGHAM and from and immediately after the decease of the said GEORGE CLARK and the decease or Second Marriage of the said ROBERT BINGHAM Upon Trust that they my said Trustees or Trustee do and shall convey my said Real Estate at Liverpool aforesaid unto all the children or any only child as the case may be of the said MARYANN BINGHAM and attain the age of Twenty one years if more than one in equal shares as Tenants in Common and to their his or her heirs and assigns for ever And I will that if at the death of my said Daughter MARYANN BINGHAM she shall have more then one child her surviving then that the sum Five pounds only and no more shall be paid yearly out of the said rents and profits to my said Son GEORGE during his natural life But if upon the decease of my said Daughter MARYANN BINGHAM she shall leave no children her surviving Then Upon Trust that then my said Trustees or Trustee do and shall stand possessed of my said Messuages Dwellinghouses hereditaments and Real Estate at Liverpool aforesaid as to one Moiety or half thereof I Trust for my said Son GEORGE CLARK his heirs and assigns And as to the other moiety or half part thereof In trust to pay the rents and profits thereof unto the said ROBERT BINGHAM and my said Daughter ELIZABETH STOCKS for and during their natural lives in equal shares And I hereby declare that the share so given to my said Daughter ELIZABETH that be for her separate use free from the Debts or control of her present or any future Husband and from and immediately after the decease of the said ROBERT BINGHAM as to one Moiety of and in the said Moiety of the said Messuages Dwellinghouses hereditaments and Real Estate at Liverpool aforesaid In Trust for my said son JAMES CLARK his heirs and assigns in case he shall be living at the time of my decease but if not In Trust for all and every the children of my said Son JAMES their his or her heirs and assigns in equal shares as Tenants in Common (if more than one) And from and immediately after the decease of my said Daughter ELIZABETH STOCKS as to the other Moiety of and in the said Moiety of the said Messuages Dwellinghouses hereditaments and Real Estate at Liverpool aforesaid, In trust for all and every the children of the said ELIZABETH STOCKS their his or her heirs and assigns in equal shares as Tenants in Common (if more than one) Provided nevertheless and I do hereto declare that if at any time or times after all the said Instalments shall have been paid it shall be lawful for my said Trustees or Trustee (with the consent of my said Daughter MARYANN BINGHAM if living and notwithstanding her present or future coverture) and after her death of their or his own authority to make sale and absolute disposal of my said Messuages Dwellinghouses hereditaments and Real Estate at Liverpool aforesaid either altogether or in lots and either by Public Auction or private contract to any person or persons willing to become the purchaser or purchasers thereof for the best price or prices in money as to my said Trustees or Trustee shall seem reasonable with liberty from time to time to buy in the said last mentioned Real Estate or any part therof at any Auction or Auctions and to resell the same without being liable for any loss that may be occasioned thereby And also to convey and assure the same Real Estate when sold unto the purchaser or respective purchasers therof in such manner as may be reasonably required And I declare that my said Trustees or Trustee do and from time to time invest in the net proceeds to arise from such Sale or Sales upon real or Government securities in England and Pay and apply the interest Dividends and annual proceeds there of to the same person and in like manner and in the same proportions and for the like purposes in all respects as I have heretofore directed with respect to therents and profits of the same Real Estates in case such real Estates had remained unsold and also do and shall ultimately stand possessed of the same proceeds In Trust for the use and benefit of the same persons and in the same Interests and proportions and in like manner as I have also herein before diected in regard to the same Real Estates at Liverpool aforesaid in case the same had not been sold And as to for and concerning all and singular other my Messuages Cottages Lands hereditaments and Real Estate whatsoever and wheresoever not hereinbefore disposed of Upon Trust that they my said Trustees or Trustee when and so soon as all the said installments shall have been paid (but nevertheless at their or his discretion as to time) do and shall make sale and absolutely dispose of the same real Estates either altogether or in lots and by Public Auction or Private Contract to any person or persons willing to become the purchaser or purchasers therof for such price or prices in money as to my said Trustees or Trustee shall seem reasonable with liberty from time to time to buy in the same Estate or any part thereof at any Auction or Auctions and to resell the same without being liable for any loss that may be occasioned thereby And do and shall convey and assure the said Real Estste when sold unto the purchaser or respective purchasers thereof in such a manner as may be reasonably required and after payment of all Expences incident to such sale or Sales I declare that my said Trustees or Trustee do and shall stand and be possessed of and interested in all the names to arise from the said Sale or Sales of my said last mentioned real Estate And also of and in all and singular my said Monies securities for monies Goods Chattels personal Estate and effects whatsoever UPON TRUST that they my said Trustees or Trusree do and shall pay and divide the same into three equal parts or shares and to pay one part thereof unto my said Son James for his own use as to the remaining part thereof do and shall place the same out at Interest upon real or Government securities with power to change the same at discretion and pay the interest or dividend therof unto my said Daughter ELIZABETH STOCKS during her natural life for her own and separate use free from the debts control or engagement of present or any future husband and upon the Decease of my said Daughter ELIZABETH UPON FURTHER TRUST that they my said Trustees or Trustee do and shall pay and divide the same remaining part of the said Trust Fund unto and amongst all and every the Children of the said ELIZABETH STOCKS who shall live to attain the age of Twentone years in equal shares And I hereby direct that if at the time of my decease my said Son JAMES shall not be living that my said Trustees or Trustee for the time being do and shall pay and divide thw part or share of and in the sai Trust Fund so given to my said Son JAMES unto and equal amongst all his children But if my Said Son JAMES shall leave no Child or Children him surviving THEN UPON FURTHER TRUST that they my said Trustees or Trustee for the time being do and shall pay and divide the part or share of and in the said Trust Fund so given unto my said Son JAMES unto and equally amongst my said Son GEORGE and my two Daughters ELIZABETH STOCKS and MARYANN BINGHAM the share of my said two daughters being payed to them for their respective separate use free from the Debts control or engagement of their present or future Husbands PROVIDED ALWAYS and I do hereby declare that the receipt of receipts of my Trustees or Trustee for the time being for all purchase and other Monies payable to them or him under this my Will shall effectively discharge the person or persons paying the same from all liability in respect thereof or from being answerable or accountable for the loss misapplication or nonapplication thereof or of any part thereof And that it shall not be necessary for such purchaser or purchasers at any time or in any case to enquire or ascertain whether all or any part of the installments have been paid to or whether any event had happened upon which my said Real Estate or any part thereof have become saleable upon which my said Trustees or Trustee shall be discharged and chargeable for such monies only as they respectively shall actually receive by virtue of the Trusts hereby in them or him reposed notwithstanding their giving or signing or joining in giving or signing any receipt or recepits for the ske of conformity or otherwise And one of them shall not be answerable or accountable for the other of them nor for the involuntary losses And also that it shall and may be lawful for them with and put of the monies which shall come to their respectivehands by virtue of the Trusts aforesaid to retain and to reimburse themselves respectively and also to allow to each other all costs charges allowances payments and expences which they or either of them may sustain expend be at or entitled unto in or about the execution of the aforesaid Trustsor any of them or in relation thereto PROVIDED FURTHER and I do hereby declare that the respective receipt or receipt alone of my said Daughters respectively notwithstanding their present or any future Coverture shall at all times be a good and sufficient discharge to my Trustees or Trustee for the time being for all monies payable to them my said Trustees or Trustee for the time being for all monies payable to them my said Daughters respectively under this my Will PROVIDED ALWAYS and I do hereby expressly declare that so often as any Trustees or Trustee for the time being competent to act (whether desirous of being discharged) or not, with the consent in writing of my said Daughter MARYANN BINGHAM if living to appoint by Deed a fit person or persons to succeed to the office of the deceased retiring or incapacitated Trustees or Trustee and by force of every such appointment as aforesaid all authorities power and discretions given or expresses to be given to the deceased refusing incapacitated or discharged Trustee shall be conferred upon the appointed Trustees or Trustee in whom either alone or (as the case may be) jointly with the surviving or continuing Trustee or Trustees my Trust property shall vest and on every appointment as aforesaid the appointed Trustee or trustees shall be considered as coming under this my Will in the same manner as if he or they had been therein named instead of the deceased or refusing Trustees or Trustee And I devise to the said GEORGE CLARK and Thomas Birkett their heirs executors and administrators all real Estates vested in me as Trustee or "Mortgagee" in fee or otherwise subject nevertheless to the Trusts and equities affecting the same respectively And I appoint the said GEORGE CLARK and Thomas Birkett joint Executors In trust of this my last Will and Testament In Witness whereof I have to this my last Will and Testament the whole whereof is contained in this and the five preceding Sheets of Paper set my hand the twenty sixth Day of December eight(teen) hundred and forty three.
(signed) James Allison Clark.

Signed and published by the said JAMES ALLISON CLARK the Testator as and for his Last Will and Testament 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 hereunto subscribed our names as witnesses.
(signed) Geo. Edw. Smith, Tho. Smith