This is the last will and testament of Michael Pilley of the city of Lincoln … I give and bequeath unto my dear wife Jane the legacy or sum of fifty pounds of lawful money of the United Kingdom of Great Britain and Ireland and direct the same to be paid immediately after my decease by my executors hereinafter named. Also I give and bequeath unto my dear wife all my furniture books plate (my silver tankard excepted) Linen China Glass Wines and Liquors for her own use and benefit Also I give and bequeath to my son Michael Pilley the said silver tankard. And I give and bequeath unto my nephew Thomas Pilley of Sudbrook in the county of Lincoln the legacy or sum of ten pounds of like lawful money as aforesaid as a mark of my esteem and direct the same to be paid within twelve months after my decease. Also I give devise and bequeath all and singular my real and personal estate whatsoever and wheresoever and of what nature or kindsoever not hereinbefore desposed of and all securities for money unto my friend Richard Ellison of Sudbrooke Holme in the county of Lincoln esquire John Keyworth of the said city of Lincoln gentleman Thomas Pilley of Sudbrook aforesaid gentleman and Michael Pilley of Thorne in the county of York Mercer their heirs executors and administrators to hold the same unto the said Richard Ellison John Keyworth Thomas Pilley and Michael Pilley their heirs executors and administrators according to the Tenure and Nature of such estates respectively. But nevertheless upon the trusts and for the intents and purposes herinafter expressed (that is to say) upon trust that they the said Richard Ellison John Keyworth Thomas Pilley and Michael Pilley or the survivor of them or the Heirs executors or Administrator of such survivor shall and do as soon as conveniently may be after my decease either by public auction or private contract as to them or him shall seem ?? meet absolutely sell and dispose of all and singular my said real and personal estate so given devised and bequeathed to them as aforesaid (save and except for my share in a lease of the river Witham which Lease I would by no means have alienated or exchanged but that my said trustees shall from time to time receive the proceeds thereof and place the same as they shall arise at interest on such security as they shall approve of) either together or in parcels or in different parts of proportions for the best price or prices which can or may be obtained for the same and upon payment of the purchase monies convey or assign and make over my said real and personal estates (except as aforesaid) to the purchaser or respective purchasers thereof and for facilitating such sale and conversion I do hereby expressly will and direct that the receipt or receipts of them the said Richard Ellison John Keyworth Thomas Pilley and Michael Pilley ........................... (New page) ............................... Or any part of my said real and personal estate for his her or their purchase money or respective purchase monies and that such purchaser or purchasers shall not afterwards be obliged to see to the application thereof nor be answerable or accountable for the loss misapplication or nonapplication of such purchase money or any part thereof and it is also my will and mind that and I do hereby declare that the said Richard Ellison John Keyworth Thomas Pilley and Michael Pilley or the survivor of them or the Heirs executors or Administrator of such survivor shall and do in the first place out of the money to arise from such sale and conversion as aforesaid and by and with the rents and profits of my said estate security and effects from the time of my decease pay and discharge all my just debts and funeral expenses. And also the several legacies hereinbefore by me given and bequeathed and in the next place do and shall lay out and invest the money to arise by any such sale and conversion as aforesaid in the public stocks or funds or in or upon government or any other securities as they may think best in their names or in the name of the survivor of them his executors administrators and assigns and do and shall stand possessed of such stock funds and securities and all other my securities or personal estates upon trust in the first place to pay to and or otherwise permit or suffer my daughter Jane and her assigns to have receive and take one annuity or clear yearly sum of ten pounds by four quarterly payments for and during the joint natural lives of herself and my said dear wife provided that they shall continue to live together. But if they my said dear wife and daughter Jane shall live separate or apart then upon trust to pay to or otherwise permit and suffer my said daughter Jane and her assigns to have receive and take one annuity or clear yearly sum of twenty five pounds by four quarterly payments for and during the joint natural lives of herself and my said dear wife provided nevertheless that in case my said daughter Jane shall marry again then the said two last mentioned annuities or such of them as my said daughter Jane shall then be in receipt of shall from henceforth cease and determine and in the next place do and shall pay to or otherwise permit and suffer my said dear wife to have receive and take the dividends interest and produce of all such stocks, funds, securities for money or personal estate and of all my other said estate and effects from time to time as the same shall accrue after payment of to my said daughter Jane of the said annuity of ten pound or twenty five pounds (as the case may be) for and during the term of her natural life for her and their own use and benefit meaning and intending the bequests made to her by this my will to be in full satisfaction and in lieu of all dower and thirds which she might have or claim in upon or out ........................... (New page) ............................... stocks funds and securities for money and personal estate or all other my estate and effects whatsoever not hereinbefore otherwise disposed of upon further trust that they the said trustees and trustee do and shall pay assign and make over the same unto between and among my four children Thomas Pilley, Michael Pilley, Susanna the wife of John Heyworth and Jane Nicholson equally share and share alike that is to say do and shall pay assign and make over one fourth share thereof to each of them the said Michael Pilley, Susanna the wife of John Heyworth and Jane Nicholson and shall do and shall stand possessed of the remaining fourth share before given to my son Thomas Pilley upon the trusts herinafter mentioned and in case that any of my said children except my son Thomas shall happen to die in my lifetime leaving and child or children then that the share of him or her so dying shall go to and be equally divided between his or her child or children share and share alike as and when they shall respectively attain their age or ages of twenty one years and as to for and concerning the said fourth share so given to my said son Thomas Pilley as aforesaid that they the said trustees and trustee do and shall stand possessed thereof upon trust that they shall and may by and with the consent in writing of my said son Thomas and Ann his wife from time to time advance such sum or sums of money as to them shall seem reasonable and just for the advancement in life of my said son Thomas Pilley or any of his children and upon trust to pay the dividends, interest and produce of such fourth part or share or of the remaining part or share in case any such advance or advances as aforesaid shall be made unto my said son Thomas Pilley for and during the term of his natural life and from and after his decease do and shall pay the like dividends interest and produce unto Ann the wife of the said Thomas Pilley for and during the term of her natural life in case she shall so long continue remain his widow but not otherwise and from and after the decease or marriage again upon trust to pay assign and make over the stocks funds or securites whereon the said share shall be invested unto between and among all and every the child and children of my said son Thomas living at the time of his death in such shares and proportions and at such time or times as he my said son Thomas should by his last will and testament duly executed and attested direct and appoint and for want of such direction and appointment then do and shall pay assign and make over the same unto between and among all and every the children of my said son Thomas share and share alike as and when ........................... (New page) ............................... said son Thomas shall not have attained the age of twenty one years or be married at the time their share or shares would otherwise have become payable then upon trust that the said trustees and trustee do and shall stand possessed of the share or shares of such child or children until he she or they shall respectively have attained their age or respective ages of twenty one years or day or days of marriage and do and shall pay and apply the dividends interest and produce of the share or shares of such child or children for and towards his her or their maintenance and education and do and shall from time to time pay and apply such sum or sums of money as to them shall seem meet (not exceeding the amount of the share to which each of the said children will be eventually entitled) for the advancement in the world of any such child or children and whereas my respected master and friend Richard Ellison Esquire has informed me that he has devised the sum of one thousand pounds to follow such distribution as I may make thereof eventually on the death of the said Richard Ellison and he has also kindly undertaken to pay to my dear wife in case of my death and during his life the sum of fifty pounds yearly and in case of his death he has directed his executors to pay the interest of the said sum of one thousand pounds to my said dear wife for her life and then the said principal sum of one thousand pounds is to follow my appointment thereof by will. Now I do hereby give and bequeath the said sum of one thousand pounds unto my said trustees or the survivor of them and to his or their executors administrators and assigns to for and upon the like trusts as are hereinbefore declared of and concerning the monies to arise from my real and personal estate securities for money and effects and it is my mind and will and I do hereby declare that it shall and may be lawful for the said Richard Ellison John Keyworth Thomas Pilley and Michael Pilley and the survivor of them and the executors administrators and assigns of such survivor at any time or times to sell transfer and dispose of alter vary and change all or any of the stocks funds and securities which shall be standing either in my own name or in their names as trustees as aforesaid save and except a debt due to me from my son Michael of four hundred and ninety nine pounds which I direct to remain in his hands until the death of my said dear wife he giving to my said trustees the survivor of them or the Heirs executors or Administrator of such survivor such security for ……………… pounds after the rate of two pounds per centum per annum and to lay out and invest the monies arising therefrom in or upon new or other stocks funds or securities upon the trusts subsisting concerning the original stocks funds and securities at the time of such sale transfer and disposition and upon or for no other trust intent or purpose whatsoever and it is also my will and mind and I do hereby declare that the said trustees herein named and their respective executors administrators and assigns shall be charged and chargeable only for such and so much money as they shall respectively actually receive by virtue of the trusts reposed in them respectively notwithstanding his or their giving or signing or joining in giving or signing any receipt or receipts for conformity sake. And that any one or more of them shall not be answerable or accountable for the other or others of them or for the acts receipts neglect or defaults of the other or others of them but each and every of them for himself only and for his own acts receipts neglects or defaults, nor shall they or any or either of them be answerable or accountable for the insufficiency or deficiency of any security or securities in or upon which the monies which shall come into their hands as such trustees or trustee or any part thereof shall or may be placed out and invested nor for any other misfortune loss or damage which may happen in execution of any of the aforesaid trusts or in relation thereto except the same shall happen by or through their or his own wilful defaults respectively. And also that the said trustees and each and every one of them their and each and every one of their heirs executors administrators and assigns shall and lawfully may by with and out of the monies which shall come to their respective hands by virtue of the trusts aforesaid retain to and reimburse himself or themselves respectively. And out of such monies allow to his co-trustees or co-trustee all loss costs charges damages and expenses which they or any or either of them shall or may suffer sustain expend or disburse or be put unto and which they or any or either of them shall have occasion to pay and discharge in executing the trusts of this my will as between solicitor and client and not as between party and party. And lastly hereby revoking all former and other wills by me at any time heretofore ........................... (New page) ............................... and thereby nominate and appoint my said trustees the said Richard Ellison John Keyworth Thomas Pilley and Michael Pilley executors hereof in witness whereof I the said Michael Pilley the testator have to this my will contained in six sheets of paper, set my mark at the bottom of each of the five preceeding sheets and my mark and seal to this sixth and last sheet this twenty third day of May in the year of our Lord One thousand eight hundred and three. Now I do hereby declare this present writing to be a codicil to my said will and I do direct the same to be annexed hereto and to be taken as part thereof. Whereas since the date and execution of may said will my son Micheal Pilley of Thorne in the county of York Mercer hath been declared a bankrupt by reason whereof it is become expedient that my said will so far as relates to my said son the said Michael Pilley should be revoked or altered. Now I do hereby revoke and make void the appointment of my said son Michael Pilley as one of the trustees and executors named in my said will and that I direct that all my real and personal estate by my said will given devised and bequeathed unto my friend Richard Ellison of Sudbrook Holme in the county of Lincoln esquire John Keyworth of the said city of Lincoln gentleman Thomas Pilley of Sudbrooke aforesaid gentleman and Michael Pilley of Thorne in the county of York Mercer their heirs executors and administrators shall from henceforth remain vested in the said Richard Ellison, John Keyworth and Thomas Pilley only their heirs executors and administrators and they only shall be capable of carrying the trusts created by my said will execution as executors thereof or otherwise. And whereas …. my said will directed that from and after the decease of my said wife my said trustees should stand possessed of all the stocks funds and securities for money and personal estate and all other my estate and effects whatsoever (not hereinbefore disposed of) upon further trust that they my said trustees should pay assign and make over the same unto between and among my four children Thomas Pilley Michael Pilley Susannah the wife of John Keyworth and Jane Nicholson share and share alike that is to say should pay assign and make over one fourth share thereof to each of them the said Michael Pilley Susanna the wife of John Keyworth and Jane Nicholson and should stand possessed of the remaining fourth share before given to my said son Thomas Pilley upon the trusts hereinafter particularly mentioned , Now I do hereby revoke and make void so much of my said will as relates to the payment over (after the decease of my said wife) of the said fourth part or share of my said estate and effects to my said son Michael Pilley and I do hereby direct that my said trustees do and shall stand possessed of the said fourth share before given to my said son Michael Pilley upon trust that they shall and may by and with the consent in writing of my said son Michael and Ann his wife from time to time advance such sum or sums of money as to them shall seem reasonable and just for the advancement in life of my said son Michael Pilley or any of his children and upon trust ........................... (New page) ............................... life and from and after his decease do and shall pay the like dividends interest and produce unto Ann the wife of the said Michael Pilley for and during the term of her natural life in case she shall so long continue his widow but not otherwise and from and after her decease or marriage again upon trust to pay assign and make over the stocks funds or securities whereron the said share shall be invested unto between and among all and every the child and children of my said son Michael living at the time of his death in such shares and proportions and at such time or times as he my said son Micahel should by his last will and testament duly executed and attested direct and appoint. And for want of such direction and appointment then do and shall pay assign and make over the same unto between and among all and every the child and children of my said son Michael share and share alike as and when they shall respectively attain their respective age of twenty one years or be married and in case all or any of the children of my said son Michael shall not have attained the age of twenty one years or be married at the time their share or shares would otherwise have become payable then upon trust that the said trustees do and shall stand possessed of the share or shares of such child or children until he she or they shall respectively have attained their age or respective ages of twenty one years or day or days of marriage and do and shall pay and apply the dividends interest and produce of the share or shares of such child or children for and towards his her or their maintenance and education and do and shall from time to time pay and apply such sum or sums of money as to them shall seem meet (not exceeding the amount of the share to which each of the said children will be eventually entitled) for the advancement in the world of any such child or children. And whereas in and by my said will I have directed that the sum of four hundred and ninety nine pounds therein mentioned to be due from my said son Michael Pilley to me should remain in his hands until the death of my said dear wife he giving to my said trustees security for the same and paying interest after the rate of two pounds per centum per annum. And whereas since the bankruptcy of my said son Michael Pilley I have proved the said debt and certain other monies due from him to me on a promissory note bills of exchange or otherwise under the commission of bankruptcy awarded and issued against him, now I do hereby declare and my mind and will is that whatever sum or sums of money may eventually be lost by reason of the said sum of four hundred and ninety nine pounds and other monies having been lent by me to my said son Michael Pilley or by reason of my becoming bound for him for the payment of any sum or sums of money and of his becoming bankrupt shall together with interest until the death of my ........................... (New page) ............................... be deducted from the said fourth part or share payable as aforesaid after the death of my said dear wife and I do hereby ratify and confirm my said will except for so far as the same is by this codicil revoked in witness whereof I the said Michael Pilley the testator have to this codicil contained in three sheets of paper set my mark on the bottom of the two first sheets and my mark and seal to this third and last sheet this twenty first day of April in the year of our lord One thousand eight hundred and four. Probate On the seventeenth day of July 1805 Richard Ellison esq. John Keyworth and Thomas Pilley the joint executors within named were duly sworn and severally made oath that to the best of their knowledge and belief the personal estate of the within named testator did not amount to the sum of three thousand five hundred pounds. |
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