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Will of Sarah Rebecca Cayley d. 1804

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Will of Sarah Rebecca Cayley, died 1804

Source: The National Archives, PROB 11/1411/327

Transcribed by Michael Cayley and released by him into the public domain

This is the last Will and Testament of me me Sarah Rebecca Cayley late of Brompton but now of New Malton in the County of York spinster I request my friends with whom I reside at the time of my death may delay my funeral until there are evident putrifaction and that I may be then interred at Brompton aforesaid by the side of my beloved sister Elizabeth Frances Cayley in a strong oak coffin and that my funeral may be plain and conducted in the same manner as that of my late sister and I will and direct that my Trustees and Executors hereinafter named shall immediately after my interment distribute the sum of five guineas amongst the poor of Brompton aforesaid in my name I give and devise all my real Estate situate at Bolton in the County of Suffolk and elsewhere unto my niece Harriett Mallett now of New Malton in the said County of York spinster & her heirs and assigns for ever I give and bequeath unto Frances the wife of the Reverend John Cayley of Brompton one hundred and fifty pounds unto Philadelphia Frances Cayley the daughter of the said John Cayley fifty pounds unto my cousin Mrs Mary Cayley spinster and to Mrs Dorothy Rebecca Prowde fifty pounds each and to John Cayley Esquire the son of the first named John Cayley five guineas to purchase a mourning ring all which legacies I direct shall be paid six months after my decease I give and bequeath unto the said John Cayley clerk and Digby Legard of Ganton in the said County of York Esquire their Executors Administrators and Assigns all my personal Estate of what nature or kind soever upon the Trusts following that is to say upon Trust that they the same John Cayley and Digby Legard or the survivor of them or the Executors Administrators and Assigns of such survivor shall and do with all convenient speed after my decease call in and compel payments of such part of my said pwrsonal Estate as shall consist of money due and owing upon security or otherwise and also sell and dispose of and convert into money such parts thereof as shall not consist of money and by and out of the monies to arise by the ways aforesaid satisfy and discharge all my just debts and funeral expenses together with the several Legacies by me before bequeathed and the expenses attending the proving of this my Will and also do and shall lay out and invest the surplus and residue of the said Trust monies in their own names or name in the purchase of a competent share or competent shares of the parliamentary stock or public funds of the United Kingdom of Great Britain and Ireland or at interest upon Government or reql securities in England and do and shall from time to time vary the same stocks funds and securities at their or his discretion And also do and shall stand and be possessed of and interested in all the said surplus and residue and the stocks and securities upon which the same or any part thereof shall from time to time be laid out or invested upon the Trusts following that is to say upon Trust to pay al the interest dividends and annual produce of the said stocks funds and securities unto my said niece Harriett Mallett during the term of her natural life for her sole use and benefit and exclusive of any husband with which she shall marry and her recipt alone notwithstanding her coverture to be from time to time a sufficient discharge to my said Trustees for the same and from and after the decease of the said Harriett Mallett then upon Trust that they my said Trustees or the survivor of them or the Executors Administrators and Assigns of such survivor shall and do pay and divide the said surplus or residue of my said personal Estate or assign and transfer the stocks funds and securities in or upon which the same shall be then invested to and between or among all and every or any child or children or issue of the body of the said Harriett Mallett in such shares and proportions and manner and to be paid and transferred to them respectively at such age or respective ages days or times and subject to such conditions restitutions and limitations over (such limitations over to be for the benefit of some or one of such children or issue as the said Harriett Mallett by her last Will and Testament in writing or any codicil or codicils to be signed and pulished by her in the presence of and attested by two or more credible witnesses shall notwithstanding her coverture give direct or appoint the same And for want of such gift declaration or appointment then upon Trust to pay and divide all the said surplus or residue or transfer the stocks funds and securities upon which the same shall be then invested equally between or amongst such children of more than one share and share alike and if but one such child then in Trust for such only child the share or shares portion or portions of such of the said children as shall be a son or sons to be paid or transferred to him respectively at his or their age or ages of twenty one years and the share or shares of such of them as shall be a daughter or daughters to be paid or transferred to her or them respectively at her or their age or respective ages of twenty one years or on the day or days of her or their marriage or respective marriages which shall first happen after the decease of the said Harriett Mallet then all and every the receipt and receipts of such children so attaining the age of twenty one years or marrying as aforesaid in and to the said respective portions shall in default of such direction or appointment as aforesaid be considered as a vested interest or vested interests in him her or them respectively and shall be transmissable to his her or their Executors or Administrators yet so nevertheless that the transfer thereof shall be postponed until after the decease lf the said Harriett Mallett and in default or failure of such issue as aforesaid or being such they shall all die under age and without having been married as aforesaid then upon Trust that they my said Trustees or the survivor of them or the Executors Administrators and assigns of such survivor shall and do out of the said surplus or residue of my said personal Estate forthwith pay unto the said Philadelphia Frances Cayley the sum of one thousand pounds and unto Mary Anne Prowde one of the daughters of Robert Prowde of Birmingham Gentleman the sum of twenty pounds as proof of my affectionate remembrance of them and also do and shall stand possessed of the remainder of the said surplus or residue of my said personal Estate and the stocks funds and securities wherein the same shall be invested upon the Trusts following that is to say as to the sum of two thousand pounds part thereof in Trust to pay the interest dividends and annual product thereof equally between my said cousin Mary Cayley and the said Dorothy Rebecca Prowde during their joint natural lives and from and after the decease of either of them then in Trust to pay the whole of such last mentioned interest dividends and profits unto the survivor of them during her life and from and after the decease of them the said Mary Cayley and Dorothy Rebecca Prowde upon Trust to pay and divide the said sum of two thousand pounds equally between or amongst such of the six daughters of the said Robert Prowde as shall be then living and as to the remainder of such surplus or residue of my said personal Estate upon Trust that my said Trustee John Cayley shall retain or be paid the interest dividends and annual produce thereof during the term of his natural life and from and after his decease in case Frances his wife shall survive him then upon Trust to pay such last mentioned interest dividends and annual produce to her the said Frances for her life and from and after the decease of the survivor of them the said John Cayley and Frances his wife then upon Trust to pay all such remainder of the surplus or residue of my said personal Estate unto the said Philadelphia Frances Cayley her Executors Administrators and Assigns for her and their absolute use and benefit provided always and I do hereby declare my Will and mind to be that in case the said Harriett Mallett shall happen to die leaving issue and without having made any gift direction or appointment of the surplus or residue of my said personal Estate pursuant to the power to her in that behalf being given then and in such case it shall be lawful for my said Trustees and the survivor of them and the Executors Administrators and Assigns of such survivor if they or he shall think proper to pay and apply for and towards the maintenance and education of the child children or issue of the said Harriett Mallett for the time being until his her or their respective share or shares become payable any yearly sum or sums of money not exceeding the interest dividends and annual produce of the sum and sums of money stocks funds and securities to which such child or children respectively shall for the time being be entitled in expectancy under the trusts hereinbefore declared of an concerning the same I appoint the said John Cayley clerk and Digby Legard joint Executors of this my last Will and Testament and I do declare that my said Trustees and Executors or either of them their or either of their heirs executors or administrators shall not be charged or chargeable with or answerable or accountable for any more of the aforesaid Trust monies than they shall respectively actually receive or shall come to their respective hands by virtue this my Will nor with or for any loss which shall happen of the same monies and premises or any part thereof so as such loss happen without their wilful default nor either of them for the other of them or for the acts deeds receipts or disbursements of the other of them but each of them only for his own acts deeds receipts or disbursements And also that it shall be lawful for them my said Trustees and Executors and each of them their and each of their Executors and Administrators in the first place by and out of the aforesaid trust monies and premises to deduct and reimburse him and themselves respectively all such loss costs charges and expenses as they either or any of them shall respectively sustain expend or be out into for or by reason of the several Trusts hereby in them reposed or in any wise relating thereto provided also and I do further will and direct that in case either of my said Trustees or any other Trustee or Trustees to be appointed in their stead should happen to die or be desirous of being discharged of and from or decline to act in the Trusts of this my Will before the same shall be fully performed then and in such case and so often as the same shall happen it shall be lawful for the surviving or continuing Trustee by deed or writing under his hand to be attested by two or more credible witnesses to appoint some other fit or proper person or persons to be approved by the said Harriett Mallett if living and if dead at his discretion to be a Trustee or Trustees along with him in the place and stead of the Trustee or Trustees so dying or declining to act as aforesaid and that the same power and authority in regard to the management if the said Trust monies and premises as if originally appointed by this my Will In witness whereof I the said Sarah Rebecca Cayley have to this my last Will and Testament contained in six sheets of paper affixed together at the top set my hand and seal to wit my hand at the bottom of the five preceding sheets and my hand and seal to this last sheet the ninth day of December one thousand eight hundred and three.

Will proved 30 July 1804.





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