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Will of Walter Etty 1774-1850

Privacy Level: Public (Green)
Date: [unknown] [unknown]
Location: York, Yorkshire, England, United Kingdommap
Surnames/tags: Etty LaceMan
This page has been accessed 124 times.

Contents

Introduction

This is the Last Will and Testament of Walter Etty. Walter was a very prominate and generous citizen. He was a very successful LaceMan, during the height of the Gold Lace Fashion phase in London.

People in Will

Reverend Walter Hamilton Etty, Son
Thomas Bodley Etty, Son
Robert Edward Smithson, Son-in-Law
Jane Etty, wife.
Jane Elizabeth, daughter, wife of Robert Edward Smithson,
Thomas Bodley, son
Martha Dimes, daughter, and wife of William Piercey Dimes

Property

Real Estate
Stocks
Funds
Securities
Personal Estate

Signers and Witnesses

Thomas Etty, testator
Thomas Bodley, Witness
Ellen hinter Bodley, Witness

Transcipt of Will

[Page 1]

This is the last Will and testament of
me Walter Etty late of Lombard street in the city of london (but was)
residing at number twenty five Esplanade Scarbro in the county of York
Esquire I give devise and bequeath all the real and personal Estates
whatsoever and wheresoever to which I shall be entitled at the time
my decease unto my sons the reverend Walter Hamilton Etty and
Thomas Bodley Etty and my son in law Robert Edward Smithson their
heirs executors and administrators and assigns respectively upon trust to
sell my real estate by public auction or private contract and to collect
and get in my personal Estate and by and out of the monies to arise from
such real and personal Estate to pay my funeral and the testamentary
expences and debts and to invest the ultimate surplus of the said monies
in the name or names of the trustees or trustee for time being of
will in or upon any of the public stocks or trusts of the United Kingdom
or any real securities in England with liberty for the said trustees or
trustee to vary and dispose the investment from time to time for
any other investment of the description afore said and upon further
trust to permit and empower my beloved wife Jane to receive the annu-
al allowance of the said monies or the stocks funds and securities where
the same shall be invested during her life and from and after her death
to one equal fourth part of then same monies stocks funds and securities
upon trust to pay the annual income arising therefore to my eldest
son the said Walter Hamilton Etty and his assigns during his life and
from and after his death then as to as well the said one equal fourth
part of the said trust monies stock funds and securities of the annual
income to arise therefrom in trust for all and anyone or more of their heirs
sons or other issue of the said Walter Hamilton Etty for such interst and
such proportions and subject to such restrictions and with such regul-
ation maintainance education and advancement and to be paid
or transfered at such age or ages as the said Walter Hamilton Etty shall
from time to time by deed or will direct or appoint and in default of such
direction or appointment in trust for all and every child and children
of the said Walter Hamilton Etty who being a son and sons shall attain
the age of twenty one years or being a daughter or daughters shall at-
tain that age or marry if more than one as tenants in common and
if there be no child of said Walter Hamilton Etty who shall
live to aquire a vested interest in the said one fourth part of the said

[Page 2]

Trust monies funds and securities under the trust hereinfore contain-
ed then in trust to pay transfer and divide the same one fourth part of
the said trust monies stocks funds and securities unto and equally be-
tween such of my children as shall be living of the decease of said
Walter Hamilton Etty and the issue (if any) of such of my children
as shall have died previously such issue nevertheless to rate only such
share as his heir or parent or respective parents would have been
entitled to if living and as to one other equal fourth part of said trust
monies stocks funds and securities In trust for my son Thomas
Bodley Etty for his own uses and benefit and as to one other equal
fourth part of the said trust monies stocks funds and securities In trust
to pay the anual income arising there from unto the proper hands of
my daughter Jane Elizabeth wife of Robert Edward Smithson
during her life for her sole and seperate use free from the control and
debt of her present and future husbands and from and after her decease
then as to as well the same one equal fourth part of the said trust monies
stocks funds and securities as the anual income whereforth to arise
therefore in trust for such persons upon such (tenants) and to and for
such ends intents and purposes as my said daughter Jane Elizabeth
Smithson her executor administators or assigns and as to the other
continuing equal fourth part of the said trust monies stocks funds and
securities I declare that my said trustees or trustee shall then possess
there of for the benefit of my daughter Martha the wife of William Piercey
Dimes of Oldstone in the county of York Gentleman upon and for the intents
and purposes and with under and subject to persons authorities
and provisions similar to and in all aspects according with the intents
purposes powers authorities and provisions herein expressed and maintain-
ed continuing the one fourth part herein limited in trust for my said
daughter Jane Elizabeth Smithson as essencially as if the same (tenants)
limitations powers authorities and provision is here (approved) with
the substitution thereinof the name as of my said daughter Martha for
the name of my daughter Jane Elizabeth Smithson the trustees
or trustee for the time being of this my will to give receipts for all the monies
and assets to be paid or delivered to said trustees or trustee by virtue my
will and declare that such receipts shall exonerate the persons (facing) the
same from liability to see to the application or disposition of the monies
or assets therein mentioned I declare that if any said trustees or any of
them or any person or persons to be appointed under this clause shall
die be unwilling or incompetent to (execute) the trusts of my will it shall
be lawful for my said dear wife during her life and after her death for the
competent trustees or trustee for the time being if any (yet) continuing
from the assign of trustee or not or if none for the executors or administators
of the (last) surviving trustee to substitute by any writing under his her
or their hand or hands any fit person or persons in whom above or as
the case may be jointly with the surviving or continuing trustees or
trustee of my will from liability for issues occuring without his own
willful default and authorize him to allow to his (own) trustee or
trustees all (power) incidental to the executorship I appoint the said
Walter Hamilton Etty Thomas Bodley Etty and Robert Edward Smithson
to be EXECUTORS of this my will and lastly I revoke all other wills I
(wrote) where of I have (evermore) set my hand this thirtieth day of
December in the year of our Lord one thousand eight hundred and forty
nine--------Walter Etty--------- signed by the said testor as his last will

[Page 3]

and testament in the presence of us who being both present at the
signature have at his request in his presence and in the presence of
Thomas Bodley
Anlaby house Cheltenham Ellen Hinter Bodley of Anlaby House
Cheltenham

PROVED at London the 10th April 1850 before the judge by the (word)
of the reverend Walter Hamilton Etty clerk and Thomas Bodley Etty
esquire the sons and Robert Edward Smithson esquire the executors to
whom (above) was granted having been first sworn by ---duly to
administer





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Comments: 1

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This is one of my early attempt to transcribe a Will, there are missing words . I could not see yet. Please feel free to edit and add those words. Thanks

Tommy

posted by Thomas Lawrence
edited by Thomas Lawrence