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Reverend William Adamthwaite of West Stockwith,
Nottingham, deceased 1849 : Will
This is the last Will and Testament of me William Adamthwaite of West
Stockwith in the County of Nottingham Clerk. I give and bequeath unto
Robert Japes of Gainsboro, Gentleman, Richard Stubbs of …. Farmer,
Richard Chesterton of Sunhouse Gentleman and Simon Grisdale of …. Farmer
all my moneys and securities for money goods chattels personal estate
and effects whatsoever and wheresoever and of what nature or kind soever
and whether in possession reversion remainder or expectancy uponthe
trusts following (that is to say) upon trust to pay out and invest the
sum of two hundred pounds part thereof on Government or real securities
and to pay the annual interest or proceeds thereof unto my daughter Emma
the wife of James Raynes to and for her own sole and separate use and
benfit independent of the control of her present or any future husband
and I direct that her receipt alone without her husband shall be a good
and sufficient discharge for such interest dividends or annual proceeds
and from and after her decease upon trust to pauy and divide the said
principal sum of two hundred pounds unto and equally between my two
grandchildren James Edwin Raynes and William Adamthwaite Raynes and I
direct that each grandchild shall take a vested interest at the age of
twenty one years provided nevertheless and my will is that my said
trustees and the survivors and survivor of them his executors and
administrators shall have full power and authority to pay one half of
the said sum of two hundred pounds to my said daughter in order the
better to enable her to bring up and educate my said grandchildren and
at such times and in such manner as they or he shall deem expedient and
her receipt alone for such moneys shall be a sufficient discharge to my
said trustees and subject to the payment of the said sum of two hundred
pounds upon trust to pay to my son Edwin Adamthwaite a legacy of
nineteen pounds nineteen shillings and to deliver to him all my books
(except books of accounts and manuscripts and then upon trust that they
my said trustees and the survivors and survivor of them his executors
and administrators do and shall convert the residue of my personal
estate and effects into money and upon further trust to invest the same
money in or upon any of the parliamentary stocks or public funds of
Great Britain or upon real securities in England with power to vary
transpose or alter such securities when and as often as they of he shall
think proper and upon trust to pay the annual interest dividends or
proceeds thereof unto my said son Edwin for and during the term of his
natural life and … yearly payments and I declare my will to be that my
said son shall not have the power to anticipate sell or assign or
transfer such interest dividends or proceeds and from and after his
decease upon trust to pay assign and transfer and make over the same
trust moneys unto and equally amongst all the children of my said son
Edwin and each child shall have a vested interest at the age of twenty
one years but in case he shall depart this life without lawful issue or
having such issue all shall depart this life under the age of twenty one
years then upon trust to pay and divide the said trust monies unto and
equally between my said two grandchildren James Edwin Raynes and William
Adamthwaite Raynes and each grandchild shall take a vested interest at
the age of twenty one years and in case either of them shall die under
that age then the survivor shall take the whole on his attaining the age
of twenty one years provided that in the event of my said son Edwin
departing this life without lawful issue then my said trustees shall
have full power and authority to invest and apply such part of the
residue of my said personal estate as they may think fit in and towards
the maintenance education and bringing up of my said two grandchildren
during their respective minorities I devise all mortgages and trust
estates which may be vested in me at the time of my decease unto the
said Robert Tapes Richard Stubbs Richard Chatterton and Simon Grisdale
their heirs executors administrators and assigus in joint tenancy
subject to and upon the equities and trusts affording the same and I
direct that every receipt which shall be given by my said trustees or
the survivors or survivor of them his or there executors or
administrators to any person or persons paying money to them or him
under the trusts of this my will shall be an effectual discharge for so
much money as in such receipt shall be expressed to be received and that
the person or persons paying such money shall not after taking such
receipt be in anywise answerable for the loss misapplication or
nonapplication of such money or of any part thereof And I direct that my
said trustees shall be responsible only for so much money as shall come
to their own respective hands and that they shall not be answerable for
involuntary losses or for the acts deeds or defaults of each other and I
expressly and specially declare that if either of my said trustees shall
pay over to his cotrustee or shall do or …. In any act enabling him to
receive any moneys with a view to the same being applied to general
purposes of my Will or for any definite or prescribed purpose authorized
by my Will he shall not be obliged to see to the due application thereof
nor shall such trustee be subsequently rendered responsible by an
express notice or intimation of the actual misapplication of the same
moneys nevertheless I declare that this clause shall not in any manner
be construed to restrict the power of such trustee to require from his
co-trustee an account of the application of moneys in his hands or to
insist on his replacing any sum or sums which said trustee may have
misapplied my sole intention being to relieve my trustees from the
operation of their rule of equity which renders one trustee liable o
make good moneys misapplied by the co-trustee and I empower my said
trustees to retain and allow to each other the costs and expences
incurred in the execution of the aforesaid trusts or in relation thereto
and revoke all former Wills and appoint the said Robert Capes Richard
Chatterton Richard Stubbs and Simon Grisdale joint Executors in trust
hereof In witness whereof I have to the three preceding sheets set my
hand and may hand and seal to this fourth and last sheet this twenty
fifth day of April in the year of our Lord one thousand eight hundred
and fortynine …. William Adamthwaite x his mark signed by the testator
in the presence of us who were both present at the same time of such
signing and we then attested and subscribed this will in sole presence
of the testator Will Plaskett. Wm Heyworth.
This is a codicil to the annexed Will of me William Adamthwaite I
declare that subject to the within legacy of two hundred pounds to my
daughter and her children that my said son Edwin shall take on my
Residencery Personal Estate absolutely instead of for life and I direct
my trustees to pay assign and transfer the same to him accordingly dated
25th April 1849 William Adamthwaite x his mark – signed by
the Testator in the presence of us who were both present at the time of
such signing and we then atten.. and subscribed this will in the
presence of the testator – Will Haskett – Wm Heyworth.
Proved at London with a codicil 20th August 1849 before the
Worshipful John Eliot Pasley Robertson Doctor of Laws and Surrogate by
the oath of Robert Tapes one of the Executors to whom Administration was
granted having been first sworn duly to Administer. Power reserved of
making the … to Richard Chatterton Richard Stubbs and Simon Grisdale the
other Executors when they shall apply for the same.
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