Will of Sir George Cayley, 4th Baronet, of Brompton, Yorkshire

Source: the National Archives, PROB 11/1317/4

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

I Sir George Cayley of Brompton in the County of York Baronet do make this my last Will and Testament in manner and form following that is to say I have already made provision for my younger sons and daughter Arthur Cayley the Reverend Digby Cayley John Cayley and Frances now the wife of the Reverend John Cayley which is the reason why I do not hereby make such provision for them as I shall for my other younger children first I give and bequeath unto my son William Cayley the sum of four hundred and twenty eight pounds eleven shillings and six pence of lawful money of Great Britain Also to my daughter Dorothea Cayley the sum of four hundred and twenty eight pounds eleven shillings and six pence of like money by way of augmentations to the portions fixed upon them or which they are or may be respectively intitled to by my marriage settlements Also I give and bequeath unto my said sons William Cayley and the Reverend Digby Cayley the sum of two hundred pounds each of like lawful money part of the money received by me from the sale of the Hengrave[?] Estate I also give and bequeath to my said daughter Dorothea Cayley the sum of two hundred and fifty pounds of like lawful money part of the same money and I also give and bequeath unto my son John Cayley the further sum of one hundred pounds (having lately given him one hundred pounds) of like lawful money other part of the money received by me from the sale of the said Estate And whereas my said son Arthur Cayley hath already received from me the sum of eight hundred pounds (over and above his due portion of the fortune settled on my younger children at my marriage) which is somewhat more than I have either by this my will or otherwise given to the rest of my younger children but as I have not hereby given any Legacy to my son Arthur Cayley I therefore hereby exonerate and discharge him from the payment of the said sum of eight hundred pounds and the Interest due or to grow due for the same and my will is and I do hereby direct that my said son Arthur Cayley shall not be charged with or accountable to my Executors for the same or any part thereof and I do hereby direct that the said Legacies or Sums of money hereby above given and bequeathed shall be paid by my Trustees hereinafter named out of my real Estate at the end of twelve months next after my decease Also I give and devise all and singular my real Estate whatsoever and wheresoever whereof I have any power of disposal unto Henry Maister of the Town of Kingston upon Hull Esquire and my said son John Cayley and their heirs or to the survivor of them and his heirs In Trust nevertheless and and to and for such uses intents and purposes as are hereinafter mentioned and expressed concerning the same that is to say In Trust that they Henry Maister and my son John Cayley or the survivor of them or the heirs of such survivor shall and do levy and raise by one or more sale or sales mortgage or mortgages of so much or such part of my said real Estate as shall be sufficient to pay satisfy and discharge all the aforesaid Legacies above bequeathed to my said sons and daughter William Cayley Digby Cayley John Cayley and Dorothea Cayley my funeral expenses and so much of my debts as my personal Estate shall not be sufficient to pay and discharge together will all such costs charges and expenses as my said Trustees or either of them or their heirs or the survivor of them and his heirs shall expend and be put unto by reason of the aforesaid Trusts or any other the Trusts mentioned in this my will and I do direct that all my just debts (or so much thereof as my personal Estate will not be sufficient to discharge) shall be paid out of my real Estate and I do charge the same with the payment thereof and my further will and mind is and I do hereby direct that the rents and profits of the residue of my said real Estate after a sufficient sum of money is raised for the purposes aforesaid shall be applied and paid in discharge of the debts of my eldest son Thomas Cayley Esquire (contracted by him in my lifetime) until the same be fully paid and satisfied and from and after the same debts and discharged then I give and devise the said residue of my said real Estate unro my said son Thomas Cayley and his assigns during the term of his natural life and from and after his decease and subject to the proviso hereafter mentioned I give and devise the said residue of my said real Estate unto the said Henry Maister and my said son John Cayley and their heirs upon such Trusts and to and for such uses intents and purposes and under and subject to such and the same limitations and remainders as the Estate settled upon my said son Thomas Cayley since his marriage is settled limited and appointed provided nevertheless and I do hereby give full power and authority to my said son Thomas Cayley and his heirs to charge the said residue of my real Estate with the payment of three thousand pounds for portions for the younger children of my said son Thomas Cayley lawfully begotten or to be begotten equally to be divided amongst them share and share alike if only four such younger children But if my said son Thomas Cayley shall happen to have more than four younger children lawfully begotten then I give full power and authority to my said son Thomas Cayley and his heirs to charge the said residue of my said real Estate with the payment if four thousand pounds for portions for such younger children equally to be divided amongst them share and share alike And whereas William Cayley late of Duke Street Westminster Esquire by his last Will and Testament in writing bearing date the third day of October in the year of Our Lord one thousand seven hundred and sixty seven (amongst other Legacies and bequests) gave and bequeathed unto me in case I should survive him the said William Cayley last named the sum of seven thousand pounds to be paid and distributed unto and amongst my several sons Thomas George Arthur William Digby and John Cayley or such of them or such of them as should be living at the time of the decease of the said testator William Cayley in such shares and proportions as I by any Instrument in writing executed in the presence of two or more credible witnesses or by my last Will and Testament in writing executed in the presence of the like number of witnesses should in my discretion direct or appoint with other directions concerning the said Legacy of seven thousand pounds in case of my death in the lifetime of the said William Cayley or afterwards in the lifetime of his wife without having made any such appointment as aforesaid as in and by the said in part recited will reference being thereto had may more fully appear and whereas the said William Cayley is since dead without altering or revoking the said Will now therefore in pursuance of the power vested in me by the said in part recited Will I do hereby direct and appoint that the sum of two thousand pounds part of the same Legacy of seven thousand pounds shall be paid to my said son Thomas Cayley or to Thomas Thornhill Esquire to whom the said Thomas Cayley hath assigned the same and that the residue and remainder of the said sum of seven thousand pounds shall be paid to and equally amongst y other sons Arthur William Digby and John Cayley as well in their own Right as also as Executors of the last Will and Testament of their late brother George Cayley deceased who survived the said William Cayley deceased and lastly I do hereby constitute the said Henry Maister and my said son John Cayley joint Executors of this my last Will and Testament and my will is that the said Henry Maister and my said son John Cayley shall not be answerable for the acts deeds or receipts of each other but each of them for his own separate acts deeds and receipts only and I do hereby revoke all former Wills by me at any time heretofore made In witness whereof I have to the first three sheets of this my Will set hand and to this fourth and last sheet thereof my hand and seal the twenty second day of January in the year of our Lord one thousand seven hundred and eighty two.

Will proved 3 December 1798