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The will of George Beilby of Nafferton 1865

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I George Beilby of Nafferton in the County of York Gentleman do declare this to be my last will. And I appoint my dear wife Elizabeth Beilby and my two friends George Hick Forge of Nafferton aforesaid Gentleman and Charles Frederick Shackles of the town or borough of Kingston upon Hull Attorney at Law the Trustees and Executors thereof. I direct my just debts and formal and testamentary expenses to be paid by my said executors as soon as conveniently may be after my decease out of my personal estate. I give my messuage or dwellinghouse garden and hereditaments situate at the north end of Nafferton aforesaid which were devised to me upon events which have happened by my late uncle Walter Beilby deceased and also the reversion in fee expectant on the decease of my said wife also devised to me by my said late uncle of and in the messuage or dwellinghouse situate in York St in Kingston upon Hull aforesaid sometime ago in the occupation of Mrs Chalmers and now of Mrs Bestow unto my said dear wife Elizabeth Beilby for her own absolute use and benefit. I also give to my said dear wife All my household furniture plate linen glass china books prints and pictures also my wearing apparel watch and trinkets and every other article and thing which may happen to be in and about my dwelling house at the time of my decease for her own use absolutely. And as to my Dock and Railway shares and parts of shares Bonds Bills Notes Debentures mortgages monies and securities for money and all and singular the rest residue and remainder of my personal estate and effects whatsoever and wheresoever not herein by me bequeathed and also the residue and remainder messuages lands tenements hereditaments and real estate I give devise and bequeath the same unto my said trustees the said Elizabeth Beilby George Hick Forge and Charles Frederick Shackles their heirs executors administrators and assigns according to the natures or tenure thereof respectively Upon the trusts following that I to say Upon trust as to my farm and hereditaments situate at Nafferton aforesaid containing 86 acres of thereabouts which I purchased of Mr William Jackson for my nephew George Beilby the son of my late brother John Beilby on his attaining the age of twenty one years And in case he should die under that age then for my two nephews Walter Beilby and George Beilby the two sons of my late brother Robert Beilby and their respectively attaining the said age of twenty one years in equal shares as tenants in common and in case only one of my said last named nephews shall live to attain the said age then wholly for each one And I directs the rents and income which may arise from my said farm during the ____ minority of the nephew or nephews for the time being presumptively entitled thereto or such part thereof as my trustees may think meet to applied and dispose of for his or their maintenance and education or otherwise for their benefit and that the residue of the said rents and income shall accumulate for the benefit of the nephew or nephews who may ultimately become entitled to the premises out of which the same shall have arisen And as to the reside of my said real estate Upon trust to pay one equal moiety or half part of the net rents and income to arise therefrom (after payment therout of a due proportion of the repairs of the same real estate and the Landlord’s taxes and assessments thereon) into the proper hands of my said dear wife or to permit and suffer her to receive and retain the same during her life And I declare the same to be for her sole and separate use and not subject or liable to the debts intermeddling or engagements of any after taken husband and to be payable to her on her own receipt and from and immediately after her decease then as to the net rents and income to arise from the same moiety of half part of my said real estate and also as to the net rents and income which may arise from the remaining moiety or half part thereof from and immediately after my decease Upon trust for such one or more of the children of my said late brother Robert Beilby including my said nephews Walter and George Beilby or such of them as shall not become entitled under the limitations hereinbefore contained to my said farm situate at Nafferton aforesaid as being a son or sons shall live to attain the age of twenty one years or being a daughter or daughters shall live to attain that age or her or their day or days of marriage which first shall happen which more than one as tenants in common And as to my residuary personal estate Upon trust as to one equal moiety or half part thereof to pay the net interest dividends and income to arise therefrom into the proper hands of my said dear wife or to permit and suffer her to receive and retain the same during her life for her sole and separate use in all respects as is hereinbefore provided with respect to one Moiety or half part of my residuary real estate And out of the other equal moiety of half part of my said residuary personal estate or out of the income thereof as the case may be I direct my said trustees to pay and provide for the following legacies and annuities which I give and bequeath thereout accordingly that is to say To the Treasurer or Treasurers for the time being of the Hull General Infirmary the sum of two hundred and fifty pounds to be applied to the purposes and objects of that Institution to the trustees Managers or Treasurer for the time being of the National School at Nafferton aforesaid the sum of nineteen guineas to be applied to the purposes and objects of that Institution and to the trustees Managers or Treasurer for the time being of the Wesleyan Methodist Day School at Nafferton aforesaid the like sum of nineteen guineas to be applied to the purposes and objects of that Institution And I direct that the three several last mentioned legacies to be paid within six calendar months after my decease out of that part only of my personal estate which by law I can charge with the same respectively To my nephew Robert Beilby Markham the son of my sister Hannah Markham on his attaining the age of twenty one years the sum of two hundred pounds To each of my said executors the said George Hick Forge and Charles Frederick Shackles the like sum of two hundred pounds and to or amongst such one or more of the daughters of my said late brother John Beilby (except Elizabeth the eldest) as shall have attained or shall live to attain the age of twenty one years or be married which shall first happen the sum of eight hundred pounds id more than one in equal chares and proportions And whereas Elizabeth the eldest of the said daughters of my said late brother John Beilby is of weak mind and understanding I direct my said trustees to pay and apply the yearly sum of twenty pounds for and towards the maintenance and support of the said Elizabeth Beilby during her life in such manner and form as they shall from time to time in their direction think fit I give to my sister the said Hannah Markham an annuity of yearly sum of forty pounds And I direct the same to be paid into her own proper hands by two equal half yearly payments the first of such payments to be made at the expiration of six calendar months next after my decease and to be for her sole and separate use and benefit independent of any husband and her receipt alone notwithstanding any coverture shall be a sufficient discharge of the same And from and after her decease I give to her son the said Robert Beilby Markham on his attaining the said age of twenty one years the further sum of three hundred pounds and to one or more of her other children as being a son or sons shall have attained or shall live to attain the age of twenty one years or being a daughter or daughters shall have attained or shall live to attain that age or be married which shall first happen the sum of six hundred pounds if more than one in equal shares and proportions I give to my sister Jane Anderson during her life an annuity or yearly sum of forty pounds And I direct the same to be paid into her own proper hands by two equal half yearly payments the first of such payments to be made at the expiration of six calendar months next after my decease and to be for her sole and separate use and benefit independent of any husband and that her receipt alone notwithstanding and coverture shall be a sufficient discharge for the same And from and after her decease I give to each one or more of her children as being a son or sons shall have attained or shall live to attain the age of twenty one years or being a daughter or daughters shall have attained or shall live to attain that age or be married which shall first happen the amount of one thousand pounds if more than one in equal shares and proportions I hereby expressly declare and direct that the said several hereinbefore mentioned legacies and annuities shall be paid free from legacy duty the payment whereof as well as of the same several legacies and annuities shall no affect of diminish the moiety of my said residuary personal estate hereinbefore set apart for my said dear wife Elizabeth Beilby as aforesaid but shall be wholly and exclusively borne and paid by and out of the remaining moiety thereof and that in case any of the said legacies and annuities shall not become payable by failure of any of the objects to or in whose favor the same are bequeathed the same shall not lapse into my general residuary personal estate but shall sink into and become part of the particular moiety thereof out of which the same are hereby made payable And after paying and providing for the said several legacies and annuities or such of them as shall happen to become payable I direct my said trustees to stand possessed of the remainder of the said last mentioned moiety of my said residuary personal estate from and immediately after my decease and the remaining interest dividends and income to arise therefrom and also the said first mentioned moiety thereof from and after the decease of my said wife and the interest dividends and income which may arise therefrom Upon trust for such one of more of the children of my dais late brother Robert Beilby as being a son or sons shall live to attain the age of twenty one years or being a daughter or daughters shall live to attain that age or be married which shall first happen if more than one in equal shares and proportions I empower my trustees to permit my personal estate in vested at my decease in or upon any shares stocks funds or securities whatsoever yielding interest to continue in the same state of investment so long as they shall think fit but subject to such discretionary power I direct them to get in my residuary personal estate not consisting of investments in or upon public stocks or funds or on Government securities of the United Kingdom or on real security in England or in or upon the stocks funds loan noted debentures mortgages or other securities of any Company of Companies in England or Wales incorporated by Act of Parliament and to invest the proceeds in or upon such stocks funds or securities as last aforesaid with power to vary all such investments from time to time for any other or others of the kinds prescribed And I declare that this limitation to invest and power to change investments shall extend to all unapplied income for the purpose of the accumulation thereof I empower my said trustees to apply all or any part of the yearly income to which under any of the devises bequests or dispositions hereinbefore contained each or any infant devisee of legatee shall be entitled towards the maintenance and education or otherwise for the benefit of such devisee or legatee during his or her minority or at the option of my said trustees to pay the same into the hands of the parent or guardian of such devisee or legatee to be applied but for the application thereof by such parent or guardian my said trustees shall not be responsible and that all income so applied shall be accumulated for the benefit of the persons for the time being presumptively entitled thereto And I also empower my said trustees in their discretion to advance and apply any part not exceeding one half the capital to which under any of the said bequests or dispositions each or any infant legatee shall be entitled of presumptively entitled in or towards his or her advancement of preferment in the world I devise to my said trustees their heirs and assigns all estates which may be vested in me as mortgages or trustee thereof Subject to the trusts and equities affecting the same respectively I direct that my said trustee Charles Frederick Shackles notwithstanding his acceptance of the trusteeship shall and may act as the Solicitor under this my will and shall be allowed all professional charges which if employed as Solicitor to my trustees not being himself a trustee he would be entitled to make any law or usage to the contrary not withstanding An I declare that one the death incapacity resignation or refusal to act of the said trustees or any of them or of any trustees or trustee to be appointed under this clause it shall be lawful for my said wife (if living) during her widow and after her decease or marriage again for the surviving acting of continuing trustees or trustee for the time being of this my will and whether refusing further to act or not by any deed or writing under their of his hands or hand attested by two or more credible witnesses to appoint any other person or persons to act in the execution of the trusts aforesaid and upon every such appointment to make and execute all proper and necessary conveyances assignments and assurances in the law for vesting the said trust estate and premises in such newly appointed trustee or trustees conjointly with the surviving acting or continuing trustees or trustee or otherwise as the case may be And I do hereby declare that such newly appointed trustee or trustees shall from time to time be and considered a trustee or trustees of this my will as fully and effectively to all intents and purposes and with the like powers authorities and discretions as if the same trustee or trustees had been originally named and appointed by me herein And I exempt every trustee under this my will from liability for the acts of his cotrustees or cotrustee and from losses occurring without his own wilful default and authorize him to retain and also to allow to his cotrustees or cotrustee all expenses incidental to the trusteeship And I revoke all former wills in witness whereof I have hereunto set my hand this twenty ninth day of August one thousand eight hundred and sixty George Beilby signed by the said testator in the presence of us present at the same time who in her presence and in the presence of each other have hereunto subscribed our names as witnesses W H Penny Hy Hopwood clerks with Messr Shackles and Son sol. Hull

Proved at York the seventh day of February 1865 by the oaths of Elizabeth Beilby widow the relict George Hick Forge and Charles Frederick Shackles the executors to whom administration was granted.





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