Will and Codicil of John Cayley of Low Hall, Brompton, Yorkshire

Date: [unknown] [unknown]
Location: [unknown]
Surname/tag: Cayley

Will and Codicil of John Cayley of Low Hall, Brompton, Yorkshire

Source: the National Archives, PROB 11/1712/1921. Transcribed by Michael Cayley and released by him into the public domain.

Will and codicil proved 8 May 1826

Will dated 7 January 1822

I the Reverend John Cayley of Brompton Low Hall in the County of York Clerk do make this my last Will and Testament as followers that is to say It is my wish and desire that my body may be buried in the Chancel of the Church at Brompton in the vault made by my son as near to my dear wife as conveniently may be I also direct that my funeral may be plain and without show and that my body may be carried to the Church by my tenants or some of the most respectable poor men of the town or parish of Brompton aforesaid and that half a Guinness may be given to each of such poor men instead of gloves or scarves as being more useful I also direct that the sum of ten pounds shall be given to and distributed amongst the poor of the township of Brompton aforesaid in such manner as my dear daughter Philadelphia Frances Cayley shall think proper and with all convenient speed after my funeral I also give and bequeath unto my worthy friends the Reverend Reginald Heber of Hodnet in he County of Salop Clerk and the reverend George Allanson late of Ripon in the said County of York Clerk the legacy or sum of fifty pounds apiece to be paid to them at the end of twelve calendar months from my death in case they shall Please to accept and take upon the operation of the trusts reposed in them by this my Will I also give to my said daughter Philadelphia Frances Cayley the grey pony on which she usually rides and also two chaise horses to be selected by herself to run in the carriage given to my said daughter and which was presented to me by the Honourable Mrs Langley and also the harness and trappings thereto belonging together with my musical instruments music and everything thereto appertaining Also all my plate and china of every description together with the legacy or sum of one hundred pounds in lieu of any other part of my household furniture but in case my said daughter shall die without having lawful issue then I give the whole of the before mentioned plate at her decease to my son John Cayley his executors administrators and assigns I also give all my classical and law books together with my fishing tackle to my grandson Edward Stillingfleet Caley[sic] and my other English books to my said daughter Philadelphia Frances Cayley I also give to my said son John Cayley his executors and administrators all my remaining horses cows or other cattle stock crops of hay and corn utensils and implements of husbandry also all my dogs and guns together with fixtures and residue of my household goods and furniture I also give and devise to my said son John Cayley his heirs and assigns all my messuage at Brompton aforesaid called tie Low Hall with the outbuildings gardens farm and lands thereto belonging now in my own occupation also all my right and interest of and in all other hereditaments which were included in two several mortgages which have been discharged by my said son out of his own proper money this present devise to be accepted by my said son in discharge of all monies due on the said mortgages I also give and devise unto the said Reginald Heber and George Allanson their heirs executors administrators and assigns all and every other my messuages dwelling houses farms closes lands herbage and hereditaments situate and being in Brompton aforesaid and in Snainton in the said County of York and elsewhere and all other my real estate whatsoever of which I am seized in fee or have in any manner the disposal of save and except such estates as are hereinbefore given or devised to my said son and such other hereditaments and premises as are comprised in the settlement made by me on my marriage with my late wife together with all such rents and arrears of rent debts sum and sums of money and stock in the public funds as may be due and owing to me at the time of my decease upon the trusts nevertheless and for the intents and purposes hereinafter mentioned expressed and declared of and concerning the same that is to say upon trust that they the said Reginald Heber and George Allanson or the survivor of them or the heirs or assigns of such survivor shall and do so soon as conveniently may be after my decease either by sale or mortgage of so much and such part or parts of my said real estates hereinbefore devised to them as they shall think proper beginning with my [?] Moor Hall farm now occupied by Thomas Cross raise and levy so much money as shall be sufficient with the rents arrears of rent and other personal property vested in my said Trustees for that purpose to pay off satisfy and discharge all such principal sums of money interest and other debts as shall and may be owing by me at my decease either on mortgages bonds notes or simple contracts except the monies due on my mortgage or mortgages to or in trust for my said son and also my funeral expenses the charges of executing this my will and the several legacies and annuities hereinbefore or hereinafter by me given and bequeathed and upon further trust that they my said Trustees shall and do accordingly pay and apply the money arising from such sale or sales and such other trust money as shall come to their hands in discharge of the aforesaid principal sums interest debts charges legacies and annuities and I do direct that my said Trustees shall and do out of the rents and profits of such parts of their said trust real estates as shall not be sold for the purposes aforesaid pay to my sisters Dorothy Rebecca Prowde and Mary Cayley one annuity or yearly sum of one hundred pounds in equal proportion during their lives half yearly and the first payment thereof to be made at the end of six calendar months from my decease and the said annuity of one hundred pounds to be in like manner paid or continued to the survivor of them my said sisters during the life of such survivor and also shall and do from and after the decease of the survivor of them my said sisters pay and continue the said annuity of one hundred pounds unto my said daughter Philadelphia Frances Cayley half yearly during her life the first payment thereof to be made at the end of six calendar months from the decease of the survivor of them my said sisters and also shall and do in like manner pay to Judith [Dormer?] now living with my said sisters a legacy of five pounds at my decease and in case she shall survive them both one annuity of ten pounds during her life half yearly the first payment thereof to commence at the end of six calendar months from the death of the survivor of them my said sisters and upon further trust that they my said Trustees shall and do after my decease pay the legacy or sum of thirty pounds to Miss Prowde now residing with my said sisters and a legacy of one year's wages to my present servant William Brothwick and five pounds to each of my other present servants if living with me at my decease and also shall and do out of their said trust estate by all or any of the ways and means aforesaid raise and levy the interest of the further sum of one thousand pounds and pay the said interest from my decease to my said daughter Philadelphia Frances Cayley or her assigns during her natural life and in case my said daughter shall die unmarried or being married without a family I direct that the said last mentioned sum of one thousand pounds shall be paid to or applied for the benefit of my said son John Cayley his heirs executors administrators and assigns but in case my said daughter shall marry and have a family then I do hereby direct that my said Trustees shall and do by all or any of the ways and means aforesaid raise and levy the said sum of one thousand pounds last mentioned and pay the same to my said daughter for her own sole and separate use and subject to the several legacies annuities charges sales mortgages and trusts hereinbefore mentioned then upon further trust that they my said Trustees shall stand seized and possessed of the said trust estate of and in the lands and hereditaments hereinbefore devised to them as aforesaid or such parts thereof as shall remain unused after the full execution and performance of the several trusts hereby reposed in them my said Trustees In trust nevertheless for my said sion John Cayley and his assigns during his natural life and from and after the decease of my said sen then In trust for my said grandson Edward Stillingfleet Cayley his heirs and assigns for ever but in case my said grandson shall happen to die under the age of twenty one years or without having lawful issue then and in either of the said cases In trust as to the said several trust estates but but subject as aforesaid for my said daughter Philadelphia Frances Cayley and her assigns during her natural life and in case my daughter shall be or shall have been married and have or have left a family then in trust as to the said trust estate for all and every the child or children of my said daughter Philadelphia Frances Cayley in such manner and form and for such estates and interests as she my said daughter at any time or times during her life by any Deed or Deeds writing or writings or will to be respectively executed and attested according to Law shall direct limit or appoint and in default of such direction limitation or appointment as last mentioned then to and amongst all such child or children of my said daughter and to their respective heirs and assigns as tenants in common and not as joint tenants and in case my said daughter shall not have any family or having such they shall all die under the age of twenty one years and without having lawful issue then upon further trust after such the death of my said daughter and my said grandson Edward Stillingfleet Cayley under age or without having issue as before mentioned to pay over and convey the said trust money lands and hereditaments hereinbefore mentioned to the heirs and assigns of my said son John Cayley or as he in his lifetime by any Deed or will duly executed shall limit or appoint provided always and I do hereby further direct that in case any such mortgage or mortgages sale or sales being made by my said trustees of any part or parts of the said real estates hereinbefore devised to them as aforesaid that then the mortgage or mortgages conveyance or conveyances release or releases to be made and executed by my said Trustees shall in such cases be good valid and effectual in the law to all intents and purposes without my heir at law being a party thereto of having joined therein and further that the receipt or receipts of my said trustees shall be a sufficient discharge or discharges to the purchaser or purchasers of any parts of my said trust estates for so much of the said purchase money as shall be expressed in such receipt or receipts and that such purchaser or purchasers shall not be answerable for the misapplication of the said purchase money or any part thereof provided also and I do hereby direct and declare that my said trustees shall not be answerable for any loss which may happen to my said trust estate and effects unless it be by their or some of their wilful neglect or default nor shall they or either of them be accountable one for another or for the acts deed receipts neglects or defaults [words missing] only and lastly I appoint the said Reginald Heber and George Allanson joint executors of this my last Will and testament hereby revoking all former and other wills by me at any time heretofore made In witness whereof I have to the first five sheets of this my will set my hand and to this sixth and last sheet thereof my hand and seal the seventh day of January in the year of Our Lord one thousand eight hundred and twenty two

Codicil of April 1823

I the reverend John Cayley of Brompton Low Hall in the County of York Clerk to make this as a codicil to be added to and taken as part of my last will and testament which latter bears the seventh day of January one thousand eight hundred and twenty two Whereas the Reverend Reginald Heber one of the Devisees and Executors in Trust named in and appointed by my said will is about to leave England and reside abroad for a considerable time therefore I do hereby revoke and make void all and every the devises and bequests by me given to the said Reginald Heber his heirs executors and administrators in and by my said last Will and testament and I do in his place and stead substitute and appoint my friend the Reverend Charles Cooper Cholmley of [blank] as one of my said devices and executors in trust and I do hereby give devise and bequeath unto the said Charles Cooper Cholmley his heirs executors administrators and assigns all and every such lands hereditaments real and personal estates and interests whatsoever and parts or shares thereof [?] and upon such and the same trusts and for such intents as are in and by my said last Will and testament given devised and bequeathed to the said Reginald Heber his heirs executors administrators and assigns and as fully and effectually as if the said Charle Cooper Cholmley had originally been named and appointed as one of my Devisees and Executors in trust in any by my said will In witness whereof I have hereunto set my hand and seal this [blank] day of April one thousand eight hundred and twenty three