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Will of William Cayley (c.1700-1768)

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Will of William Cayley (c.1700-1768), dated 3 October 1767

The National Archives, PROB-11-942-289, transcribed by Michael Cayley and released by him into the public domain

In the name of God Amen. I William Cayley of Duke Street Westminster Esquire Do make this my last Will and Testament I recommend my Body to be Interred at Ampthill in Bedfordshire and as nigh the Remains of my Dear Father as it conveniently may, he was Buried under the Altar Table And I desire the Remains of my late Dear Daughter who at present lies in Saint Margarets Church Westminster may be taken from thence and carried with me to Ampthill there to lye in the same Grave, And whereas my Dear Wife Sarah Cayley is under and by virtue of the Settlement made previous to her marriage with me Intitled to an Annuity or yearly Rent Charge of three hundred pounds Issuing out of and charged upon my manor of Scampton and Several Messuages Lands Tenements Farms Hereditaments and Premises situate in the County of Lincoln by way of Jointure for her life Now it is my Will and Meaning And I do hereby subject and charge the said Manor Farm Lands Hereditaments and Premisses with a further yearly Rent Charge of one hundred pounds to be paid and payable to my said Wife for and during the Term of her life so that with what is provided for her by the said Settlement she may have a clear Annuity of four hundred pounds per Annum And I do Direct that the said four hundred pounds per Annum be paid to my said Wife by quarterly payments which mode of payment I imagine will be more convenient and agreeable to her than any other the first Quarterly Payment to be made on the first Quarter Day which shall next happen after my Decease And my Will and Meaning is that my said Wife shall have the same powers of Distress and Entry on the said Manor Messuages Lands Hereditaments and Premises for recovering getting in and receiving the said Annuity of one hundred pounds per Annum as she is invested with or intitled to under or by virtue of the said Settlement And as to my said Manor of Scampton and all and singular my freehold Messuages Farms Lands Hereditaments and Premisses in the said County of Lincoln and my wood called Ingoldby Wood in the same County charged and chargeable with the said several Annuities or rent Charges of three hundred pounds and one hundred pounds per Annum for the benefit of my said Wife for her life I Give and Devise the same unto my Relation Richard Slowhower [?] Esquire of his Majestys Commissioners of Excise to hold to him the said Richard Slowhower[?] and his Assigns for his life without Impeachment of Waste and after the determination of that Estate by forfeiture or otherwise I Give and Devise the same to John Woodhouse of Bridewell Hospital Esquire and Richard Woodhouse of the Inner Temple London Gentleman and their heirs During the life of the said Richard Slowhower[?] in trust to preserve the contingent uses hereinafter limitted from being Defeated or Destroyed And for that purpose to make Entries and bring Actions as often as Discretion shall require but nevertheless to persist and suffer the said Richard Slowhower[?] to take and receive all and singular the Rents Issues and Profits thereof During his natural life and from his Decease I Give and Devise the same subject as aforesaid to the first Son of the said Richard Slowhower[?] lawfully begotten or to be begotten and the Heirs Male of such first Son lawfully issuing And for Default of such issue to the second third and all and every other the Son and Sons of the said Richard Slowhower[?] lawfully begotten or to be begotten and the Heirs Male of such Son and Sons lawfully Issuing Severally and Successively in Remainder one after the other according to their Seniority of Age and Priority of Birth the Eldest of such Sons and the Heirs Male of his Body being always to be preferred and to take before the younger of such Sons and the heirs Male of his Body and for want of such Issue I Give and Devise the same subject as aforesaid unto Thomas Cayley Esquire Eldest Son of my Relation Sir George Cayley of Brompton in the County of York Baronet and his Assigns for his life without Impeachment of Waste Remainder to the said John Woodhouse and Richard Woodhouse and their heirs During the life of the said Thomas Cayley in Trust to preserve the contingent Remainder as hereinafter limitted from being Defeated or Destroyed and from and after his Decease I Give and Devise the same subject as aforesaid to the first Son of the said Thomas Cayley lawfully begotten or to be begotten and the Heirs Male of such first Son lawfully issuing and for Default of such Issue to the second third and all and every other the Son and Sons of the said Thomas Cayley lawfully begotten or to be begotten and of the Heirs Male of such Son and Sons lawfully Issuing severally and successively in remainder the one after the other according to their Seniority of Age and Priority of Birth the Eldest of such Sons and the Heirs Male of his Body lawfully Issuing being always to be preferred and to take before the younger such Sons and the Heirs Male of his Body and for want of such Issue I Give and Devise the same subject as aforesaid unto George Cayley second Son of the said Sir George Cayley and his Assigns for his life without Impeachment of Waste Remainder to the said John Woodhouse and Richard Woodhouse and their heirs during the life of the said George Cayley in Trust to preserve the contingent Remainders hereinafter limitted from being Defeated or Destroyed and from and immediately after his decease I Give and Devise the same subject as aforesaid to to the first and other Sons of the said George Cayley lawfully to be begotten severally successively and in remainder one after the other according to their Seniority and to their several Heirs Male lawfully Issuing in like manner as I have hereinbefore Devised the said Manor and Premisses to the first and other Sons of the said Thomas Cayley and for want of such issue I Give and Devise the same subject as aforesaid to Arthur Cayley third son of the said Sir George Cayley and his Assigns for his life without Impeachment of Waste Remainder to said John Woodhouse and Richard Woodhouse and their heirs during the life of the said Arthur Cayley in Trust to preserve the contingent Remainders hereinafter limitted from being Defeated or Destroyed and from and immediately after his Decease I Give and Devise the same to his first and other Sons lawfully to be begotten severally successively and in Remainder one after the other according to their Seniority and to their several Heirs Male lawfully Issuing in like manner as I have hereinbefore Devised my said Manor and Premisses to the first and other Sons of the said Thomas Cayley and George Cayley respectively and for want of such Issue I Give and Devise the same subject as aforesaid to William Cayley fourth son of the said Sir George Cayley and his Assigns for his life without Impeachment of Waste Remainder to said John Woodhouse and Richard Woodhouse and their heirs during the life of the said William Cayley in Trust to preserve the contingent Remainders hereinafter limited from being Defeated or Destroyed and from and immediately after his decease I Give and Devise the same subject as aforesaid to to his first and other Sons lawfully to be begotten severally successively and in remainder one after the other according to their Seniority and to their several Heirs Male lawfully Issuing in like manner as I have hereinbefore Devised my said Manor and Premisses to the first and other Sons of the said Thomas Cayley George Cayley and Arthur Cayley respectively and for want of such Issue I Give and devise the same subject as aforesaid unto Digby Cayley fifth Son of the said Sir George Cayley and his assigns for his life without Impeachment of Waste Remainder to said John Woodhouse and Richard Woodhouse and their heirs during the life of the said Digby Cayley in Trust to preserve the contingent Remainders hereinafter limited from being Defeated or Destroyed and from and immediately after his decease I Give and Devise the same subject as aforesaid to to his first and other Sons lawfully to be begotten severally successively and in remainder one after the other according to their Seniority and to their several Heirs Male lawfully Issuing in like manner as I have hereinbefore Devised my said Manor and Premisses to the first and other Sons of the said Thomas Cayley George Cayley Arthur Cayley William Cayley and Digby Cayley [/sic/] respectively and for want of such Issue I Give and Devise the same subject as aforesaid to John Cayley sixth son Sir George Cayley and his assigns for his life without Impeachment of Waste Remainder to said John Woodhouse and Richard Woodhouse and their heirs during the life of the said John Cayley in Trust to preserve the contingent Remainders hereinafter limited from being Defeated or Destroyed and from and immediately after his decease I Give and Devise the same subject as aforesaid to to his first and other Sons lawfully to be begotten severally successively and in remainder one after the other according to their Seniority and to their several Heirs Male lawfully Issuing in like manner as I have hereinbefore Devised my said Manor and Premisses to the first and other Sons of the said Thomas Cayley George Cayley Arthur Cayley William Cayley and Digby Caley respectively and for Default of such issue I Give and Devise all my said Manor Messuages Farms Lands Hereditaments and Premisses and wood called Ingoldby Wood with the Appurtenances subject as aforesaid to my own Right Heirs for ever Provided always And I do hereby Declare that it shall and may be lawful to and for the said Richard Slowhower[?] Thomas Cayley George Cayley Arthur Cayley William Cayley Digby Cayley and John Cayley respectively from time to time and at all times During their respective natural lives when and as they shall severally come into and be in the actual possession of my said Manor and premisses by virtue of the Limitation in this my Will by Indenture or Indentures Deed or Deeds in writing under their respective hands and seals to be subscribed and and sealed by them in the presence of two or more credible witnesses to Demise or Lease all or any part or part of the same Manor and Premisses to any person or persons whomsoever in possession but not in reversion or by way of future Interest for any term or Number of Years not exceeding twenty one years so as upon every such Lease or Leases respectively there be reserved and made payable During the Continuance of such Lae or Leases respectively to be Incident and to go along with the Immediate Reversion or Remainder of the Premisses so to be leased and portent thereon so much or as great yearly Rent or Rents or more[?] than now is and are paid and yielded or signed to be paid or yielded for the same or proportionately for any part thereof Or the best and most Improved yearly Rent that can at the time of making such Leases respectively be reasonably had or got for the same And so as in every of the said Leases there be a Clause or Condition of due entry for the payment of the Rent or rents thereby respectively to be reserved in case the same shall be behind or unpaid by the space of twenty one Days or in case any wilful Waste shall be committed and so as no Clause or Clauses be contained in in any of the said Leases giving power to any Lessee to commit waste or exempting him or them from punishment for committing the same and so as the respective Lessees [?] and counter part of such Lease and Leases respectivelyAnd it is my Will and I do hereby Give and bequeath unto my said Wife so much and such part of my household furniture plate and linen as she shall cause to accept of and to be for her own use which I recommend to her to make choice of within six Months next after my Decease And all the rest and residue of my said furniture plate and linen I give and bequeath unto the said Richard Slowhower[?] to and for his own use and benefit I Give and bequeath unto my noble Friend the Right Honourable Richard Earl of Scarborough as a small Testimony of the affectionate Respect I bear him the sum of one thousand pounds I Give and bequeath unto my faithful Servant Abraham Ewings as a Token of my regard for him the sum of five hundred pounds I give and bequeath unto my Friend John Wyndham Bowyer Esquire one of his Majestys Commissioners of Excise the sum of one hundred pounds I give and bequeath unto my Nephew William Illingworth of Nottingham the sum of two thousand pounds And in case he shall happen to Die in my lifetime I Given and bequeath the said sum of two thousand pounds unto and amongst all his Children if more than one who shall be living at the time of my Decease to be Equally Divided between them And if there shall be but one Child then I give and bequeath the same to such only Child And if there shall be no such Child or Children then I give and bequeath the same unto the Executors or Administrators of the said William Illingworth to be paid applied and Disposed of by them in the same manner as the residue of the said William Illingworths personal Estate and Effects shall be Directed to be Disposed of or by due course of Law ought to be disposed of And it is my Will and Intention and I do herevy Direct that the said several Legacies shall be paid by my Executors hereinafter named out of my personal Estate immediately after my Decease And as to all my ready Moneys Stocks Annuities Mortgages Bills Bonds [?] and other Securities for Money and all and singular other my personal Estate of which Nature or kind soever and wheresoever not by me herein before expressly bequeathed I give and bequeath the same unto the said Richard Slowhower[?] and John Wyndham Bowyer their Executors and Administrators on the following Trusts Intents and Purposes, that’s to say upon trust that they the said Richard Slowhower[?] and John Wyndham Bowyer shall thereout pay all such Debts as shall be due and owing from me at the time lf my Decease and my Funeral Expenses and the several Legacies hereinbefore given and after payment thereof and upon further trust that they the said Ricard Slowhower[?] and John Wyndham Bowyer or the Survivor of them or the Executors or Administrators of such Survivor Do and shall forthwith place out such of my personal Estate as shall not carry Interest in Government or other Securities as they shall think proper and out of the Dividends Interest and Profits of my said personal Estate Do and shall yearly and every year pay unto Mrs Sarah Powell of Durham Spinster One Annuity of yearly Sum of forty pounds for and during the term of her natural life by equal half yearly payments the first payment to be made upon the first usual Quarter Day for payment of Rents which shall happen next after my Decease And I recommend the care and trouble of the payment of the said Annuity to the said Richard Slowhower[?] who lives near the said Sarah Powell And upon further Trust that they my said Trustees or the Survivor of them or the Executors or Administrators of such Survivor do and shall yearly and every year pay apply and Dispose of the surplus of the said Dividends Interest and Profits of my said personal Estate unto or permit and suffer the same to be had received and taken by my said Wife for and during the term of her natural life and immediately after her death upon further Trust that they may said Trustees do and shall out of my said personal Estate pay the following Legacy, that is to say, I Give and bequeath unto the said Sir George Cayley in case he shall survive me the sum of seven thousand pounds to be paid and Distributed among his said several Sons Thomas Cayley George Arthur William Digby and John Cayley or such of them as shall be living at the time of my Decease in such shares and proportions as he the said Sir George Cayley by any Instrument or Writing executed by him in the presence of two or more credible Witnesses or by his last Will and Testament executed in the presence of the like number of Witnesses shall in his Discretion Direct or Appoint. But in case the said Sir George Cayley shall dye in my life time or afterwards in the life time of my Wife without having made such Appointment as aforesaid then I Give and bequeath and do Direct the said sum of seven thousand pounds to be paid Immediately after my said Wife Decease to and Distributed amongst such of the said Sons of the said Sir George Cayley as shall be then living and the Representatives of such of them as were living at my decease but who shall then happen to be Dead in such shares and proportions as the said Richard Slowhower[?] by any Writing executed by him in the presence of two or more credible Witnesses shall Direct or Appoint the said Richard Slowhower[?] in such his appointment observing this condition that the share or proportion of the said seven thousand pounds to be allotted or appointed to the then eldest Son of the said Sir George Cayley shall at least be Double what each of the other Sons shares would amount unto if an Equal Distribution was thereof to be made to and amongst them And in case the said Richard Slowhower[?] shall also happen to dye before my Wife without having made such Appointment as aforesaid then I do Direct the said sum of seven thousand pounds upon my Wife’s Death to be Divided into such and so many shares and proportions as that each of the Sons who shall be living at my Decease or his Representative (save and except the Son who shall at the time of Distribution happen to be the Eldest) shall have an Equal Share and proportion thereof And as that such Eldest Son shall have double in value the share of each to the said other Sons which said Shares and proportions I do order and Direct to be paid to them accordingly And subject to the payment of the said seven thousand pounds and the costs and charges of my said Trustees in and about the Execution of the trusts hereby in them reposed Upon further trust that they my said Trustees and the Survivor of them or the Executors or Administrators of such Survivor do and shall pay assign transfer and deliver over all the rest and residue of my said shares moneys and securities for moneys and all other my personal Estate unto the said William Illingworth his Executors and Administrators to and for his and their own use and benefit for ever I Give devise and bequeath all my freehold house with the Appurtenance thereunto belonging situate in Duke Street aforesaid and all my freehold Estate situate at Deptford and greenwich or elsewhere in the County of Kent unto the said Richard Slowhower[?] and John Wyndham Bowyer their heirs and Assigns for ever upon trust that they my said Trustees shall and do permit and suffer my said Wife to have hold use and occupy my said house in Duke Street with the Appurtenances and to receive the rents and Profits thereof and of the estate at Deptford and Greenwich for her life and from and after her Decease upon Turst that they my said Trustees their heirs and Assigns Do and shall (in case my personal Estate shall prove as deficient to to answer pay and satisfye my said Debts Funeral Expenses the Legacies hereinbefore given and the costs and charges of my said Trustees) sell and dispose of my said freehold house and other the aforesaid premisses with the Appurtenances either together ornin parcels for the best price or prices that can be got for the same and thereout make up such Deficiency and after such Deficiency shall be so satisfied and made up upon Trust that they do pay the residue of the said money so arisen by such sale to the said William Illingworth his Executors or Administrators but if my said personal Estate shall be sufficient for the aforesaid purposes and the said freehold house and ither the last mentioned premisses shall remain unsold at my Wife’s Death then I do Direct my said Trustees or the Survivor of them or the Heirs of such Survivor to convey the same unto the said William Illingworth his Heirs and Assigns for ever Provided always and it is my Will and Intention that if my said Wife shall be Desirous to have the said freehold house and the Estate at Deotfird and Greenwich or any or either of them sold in her life time and shall so express the same by any Instrument in writing under her hand attested by two more credible Witnesses it shall and may be lawful for my said Trustees And I do hereby Order and Direct them to make sale thereof and to lay out the money to arise by such sale in Government or other securities according to their Discretion and to pay the Dividends or Interest thereof to my said Wife for her life and after her Death out of the Principal Money or the Stocks and Securities wherein the same shall be placed to make up the aforesaid Deficiency in my personal Estate (if any) and after to pay assign or transfer the remainder to the said William Illingworthhis Executors and Administrators to and for his and their own use and benefit any thing before contained to the contrary thereof notwithstanding Provided also and it is my Will and Meaning and I do hereby Declare that the charge thereon before mentioned by me on my said Real Estate in the County of Lincoln for the benefit of my said Wife and all and every the Gifts bequests Legacyes hereinbefore by me given or bequeathed to her or intended for her benefit are and were so charged given and bequeathed upon this Express Condition that she my said Wife shall remain and continue my Widow and Unmarried for her whole life And in case my said Wife shall not so remain unmarried then from and imnmediately after her Intermarriage I do ehreby revoke null and make void all and every the Charges Gifts Bequests and Legacies hereinbefore Charged Given or Bequeathed either to her or for her benefit being my true Intent and Meaning that my said Wife shall in such an Event have no other provision out of or from my Real or Personal Estate than what is provided for her by the said Settlement And in case of my Wife Intermarriage as aforesaid it il likewise my Will and Meaning and I do hereby Declare that my said Real Estate in the County of Lincoln shall be exonerated from the payment of the said one hundred pounds per Annum intended for her benefit And that the said several Legacies and Bequests hereinbefore given and made and which were Directed to be paid or take place on the Death of my said Wife shall Immediately take place and become payable on her said Intermarriage in the same manner as if she was actually Dead anything hereinbefore contained to the contrary thereof in any wise notwithstanding And I do hereby Declare that my said Trustees shall be accountable for no more moneys than shall actually come to their hands and each of them for their own Arts [?] and Defaults only and not for the Arts [?] and Defaults of the other of them and that my said Trustees and their Heirs Executors and Administrators shall and may retain and keep to themselves out my said personal Estates all such Costs Charges Damages and Expenses as they or either of them shall Expend be put to suffer or sustain in or about the Execution of the Trusts hereby in them reposed or in or about any other matter or thing relating thereto And Lastly I hereby Make Ordain Constitute and Appoint the said Richard Slowhower[?] and John Wyndham Bowyer Executors of this my Will and I do hereby revoke all former and other Wills by me at any time heretofore made And I hereby Publish and Declare this to be my last Will and Testament In Testimony whereof I have to the first eleven sheets hereof set my hand and to the twelfth and last sheet my hand and seal this third day of October in the year of our Lord One thousand seven hundred and sixty seven.

Will proved 6 October 1768





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