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Last Will and Testament of Mary Huntington of Hull in the County of York Spinster (31 December 1859, with a Codicil dated 5 January 1860, proved 29 January 1862)

• Title	Last Will and Testament of Mary Huntington of Hull in the County of York Spinster (31 December 1859, with a Codicil dated 5 January 1860, proved 29 January 1862)
  Repository	Principal Probate Registry
  Source ID	S121
  Text	"ON the 29th day of January 1862 the Will with a Codicil thereto of Mary Huntington late of Hull in the County of York Spinster deceased, who died on the 22nd day of December 1861, at Hull aforesaid was proved in the Principal Registry of Her Majesty's Court of Probate, by the Oaths of The Reverend William Thompson Alderson of Wakefield in the said County Clerk and Frederick Dykes of the same place Bank Manager the Executors therein named they having been first sworn duly to administer. Effects under £4,000." "This is the last Will and Testament of me Mary Huntington of Hull in the County of York Spinster I direct my Executors hereinafter named to pay all my just debts funeral and testamentary expences [sic] and also the expences of proving and registering this my Will I give to my brother Frederick the possession and use of my household furniture plate linen china and other household effects which I shall be possessed of at the time of my decease during his life And after his decease I give the same to my niece Lucy Cheap [sic – read "Cheape"] absolutely And I direct that as soon as convenient after my decease an Inventory shall be made of the said effects hereinbefore given to my said brother Frederick for his life one copy whereof shall be kept by him and the other shall be deposited with my Executors hereinafter named I devise all that my messuage or dwellinghouse situate in George Street in Hull aforesaid with the rights members and appurtenances thereto belonging or appertaining now in my own occupation unto my said brother Frederick for his life he keeping the same in good repair and condition and insuring the same from loss or damage by fire and from and after his decease I devise the same messuage or dwellinghouse with the rights members and appurtenances thereto belonging or appertaining to my said niece Lucy Cheap in fee absolutely I devise all other the real estate (including leaseholds whether for terms absolute or for life or lives) which I shall be seized or possessed of at my decease (except estates vested in me as Trustee or mortgagee) and I bequeath the residue of the personal estate to which I shall be then entitled to The Reverend William Thompson Alderson of Wakefield in the said County of York Clerk and Frederick Dykes of Wakefield aforesaid Bank Manager their heirs executors administrators and assigns respectively Upon trust immediately after my decease to sell my said real estate including my said leaseholds together or in parcels by Public Auction or private Contract and subject or not subject to any special or other conditions as my said Trustees shall think proper and with full power to buy in such real and leasehold estates or any part thereof and resell the same without being answerable for any consequential loss and to convert and get in my residuary personal estate And to invest the monies to arise therefrom respectively in the names of my said Trustees in or upon any of the public stocks funds or securities of the United Kingdom or any real securities in England or on security of any mortgage bond note or debenture granted by or on behalf of any Railway or other Public Company in England or Wales incorporated or which shall be incorporated by Royal Charter or special Act of Parliament or which at the time of such investment shall be yielding profits to the Proprietors or paying a dividend with power to vary such investments from time to time for any other or others of the like nature and my Will is and I hereby declare that my said Trustees or the trustees or trustee for the time being of this my Will shall stand possessed of the monies to arise from the sale of my said real and leasehold estates and from the conversion and getting in of my said personal estate Upon the trusts hereinafter declared of and concerning the same (that is to say) As to for and concerning two fourth parts or shares of and in the interest dividends and annual income to arise from the aforesaid investments In trust to pay the same to my sister Elizabeth Dikes of Wakefield aforesaid Wife of William Hey Dikes late Bank Manager during her life for her sole and separate use and her receipts alone shall be good and sufficient discharges for the same And from and after her decease to stand possessed of the Corpus of the said two fourth parts or shares and the interest dividends and annual income then accruing or payable thereupon In trust for the Children of my said sister Elizabeth Dikes living at my decease and the issue of any such children then deceased who being a male or males shall attain the age of Twenty one years or being a female or females shall attain that age or marry in equal shares the issue of any such children then deceased to take the share only his her or their parent would have been entitled to if living and as to for and concerning one other fourth part or share of and in the interest dividends and annual income to arise from the aforesaid Investments In trust to pay the same to my brother John Allanson Huntington of Birkenhead in the County of Chester Gentleman during his life And from and after his decease to stand possessed of the Corpus of the said one fourth part or share and the interests dividends and annual income then accruing or payable thereupon In trust for the children of my said brother John Allanson Huntington living at my decease and the issue of any such children then deceased who being a male or males shall attain the age of Twenty one years or being a female or females shall attain that age or marry in equal shares the issue of any such children then deceased to take the shares only his her or their parent would have been entitled to if living And as to for and concerning the remaining one fourth part or share of and in the interest dividends and annual income to arise from the aforesaid investments In trust to pay the same to my brother Frederick Huntington of Hull aforesaid Surgeon during his life And from and after his decease to stand possessed of the Corpus of the said One fourth part or share and the interest dividends and annual income then accruing or payable thereupon In trust for the Children of my said brother Frederick Huntington living at my decease and the issue of any such children then deceased who being a male or males shall attain the age of Twenty one years or being a female or females shall attain that age or marry in equal shares the issue of any such children then deceased to take the shares only his her or their parent would have been entitled to if living But in the event of my said brother dying without leaving any children or issue as aforesaid then as to for and concerning the said one fourth part or share of and in the interest dividends and annual income as aforesaid In trust to pay the same to my said Sister Elizabeth Dikes during her life for her sole and separate use and her receipts alone shall be good and sufficient discharges for the same And from and after her decease to stand possessed of the Corpus of the said one fourth part or share and the interest dividends and annual income then accruing or payable thereupon In trust for the Children of my said sister Elizabeth Dikes living at my decease and the issue of any such children then deceased who being a male or males shall attain the age of twenty one years or being a female or females shall attain that age or marry in equal shares the issue of any such children then deceased to take the share only his her or their parent would have been entitled to if living And I declare and direct that the share of any Child of my said sister and brothers or the issue of any child if not vested and payable shall be invested in the names of my said Trustees or the trustees or trustee for the time being of this my Will in or upon any of the public stocks funds or securities of the United Kingdom or on any real securities in England or on security of any mortgage bond note or debenture granted by or on behalf of any Railway or other public Company in England or Wales incorporated or which shall be incorporated by Royal Charter or Special Act of Parliament or which at the time of such investment shall be yielding profits to the Proprietors or paying a dividend with power to vary such investments from time to time for any other or others of the like nature and the annual income thereof to be applied by my said Trustees or the trustees or trustee for the time being of this my Will at their discretion in or towards the maintenance and education or otherwise for the benefit of such child or issue and the unapplied annual income if any shall be accumulated and the accumulations be added to the Capital of the share whence the same shall have arisen and follow the destination of the same share And I empower my said Trustees or the Trustees or Trustee for the time being of this my Will in their or his absolute discretion to advance and apply any part not exceeding one half of the Capital to which such child or issue shall be entitled or presumptively entitled in or towards his or her advancement or preferment in the World And I declare that my said Trustees [inserted in margin, bracketed words being cut off the page but inferred: [shall] have full discretionary power [to postpo]ne for such period as to them] shall seem expedient the sale of any of my said real and leasehold estates and the conversion and getting in of my said personal estate or any parts thereof respectively but the unsold real and leasehold estates and the outstanding personal estate shall be subject to the trusts hereinbefore contained and the rents interest dividends and annual proceeds thereof shall be deemed income for the purpose of such trusts and such real estate shall be transmissible as personal estate and be considered as converted in Equity from the time of my decease I devise all real estates (if any) vested in me as Trustee or mortgagee to the said William Thompson Alderson and Frederick Dykes their heirs and assigns subject to the equities affecting the same respectively And I declare that the receipts to be given by my said Trustees or the Trustees or Trustee for the time being of this my Will to such purchasers and others shall be sufficient discharges for so much money as in such receipts shall be expressed to be received and the persons taking such receipts shall be thereby exonerated from all liability in respect of the application of the same money or any part thereof And I hereby further declare that in case my said Trustees or either of them or any trustees or trustee to be appointed under this power in their place or the place of any or either of them shall die disclaim cease to be resident within the Jurisdiction of the Court of Chancery in England or become unwilling or incompetent to act in the execution of the aforesaid trusts before the said trusts shall be fully executed then and so often as the same shall happen it shall be lawful for the competent accepting trustees or trustee for the time being of this my Will resident within the Jurisdiction of the said Court whether continuing to act or not if any and if none for the executors or administrators of the last deceased Trustee to nominate any fit persons or person to supply the places or place of the said Trustees or Trustee respectively so dying disclaiming ceasing to be resident or becoming unwilling or incompetent to act as aforesaid And that immediately after such appointment my trust estate and effects monies stocks funds and securities shall be conveyed assigned and transferred so and in such manner as that the same may vest in such new trustees or trustee jointly with the surviving or continuing trustees or trustee or in such new trustees or trustee solely as the case may require Subject to the trusts aforesaid and such new trustees or trustee shall be competent to exercise all the powers and authorities whatsoever herein contained in the same manner to all intents and purposes as if they or he had been appointed Trustees or Trustee by this my Will And I hereby further declare that the Trustees hereby appointed and also the Trustees or Trustee to be appointed by virtue of the power hereinbefore contained severally and respectively and their several and respective heirs executors and administrators shall be charged and chargeable with such sums only as the said Trustees or Trustee respectively shall actually receive by virtue of the trusts hereby reposed in them or him notwithstanding their or his joining in signing any receipt or receipts or doing any other act for the sake of conformity and that they or he shall not be answerable or accountable for any loss misfortune loss [sic] or damage which may happen in the execution of the aforesaid trusts or in relation thereto except the same shall happen by or through their or his own wilful neglect or default and in that case each Trustee alone shall be accountable for such loss or damage as shall arise from his own neglect or default And I further declare that it shall be lawful for the said Trustees hereby appointed and to be appointed as aforesaid respectively and to their respective heirs executors and administrators to deduct and retain out of the monies which shall come to their hands under the trusts aforesaid all costs charges and expences [sic] which they may sustain or be put unto in or about the execution of the aforesaid trusts or in relation thereto I appoint the said William Thompson Alderson and Frederick Dykes joint Executors of this my Will In Witness whereof I have hereunto set my hand to this and the five preceding sheets of paper this Thirty first day of December One thousand eight hundred and fifty nine – Mary Huntington Signed and acknowledged by the said Mary Huntington the Testatrix as and for her last Will and Testament in the presence of us present at the same and who in her presence and at her request and in the presence of each other have hereunto subscribed our names as Witnesses attesting the same the words "during his life and after his decease" between the sixth and seventh lines of the first sheet having been first interlined – W. Stewart Solicitor Wakefield – Chas. J. Dibb his Clerk." "This is a Codicil to be added to and taken as part of my last Will and Testament dated the thirty first day of December One thousand eight hundred and fifty nine Now I do hereby expressly exclude my nephew Thomas Dykes one of the Sons of my sister Elizabeth Dykes in my said Will mentioned from taking any share interest or benefit under my Will either originally or by accruer and that he shall not be considered and count as one of her Children so as to take any benefit as a child of hers under my said Will And I confirm my said Will in all other respects In Witness whereof I have hereunto set my hand this fifth day of January in the year of our Lord One thousand eight hundred and sixty – Mary Huntington – Signed and acknowledged by the said Mary Huntington the Testatrix as and for her last Will and Testament in the presence of us present at the same time and who in her presence and at her request and in the presence of each other have hereunto subscribed our names as Witnesses attesting the same – W. Stewart Solicitor Wakefield Ch. J. Dibb his Clerk." "Proved at London (with a Codicil) 29th January 1862 by the Oaths of the Reverend William Thompson Alderson Clerk and Frederick Dykes the Executors to whom Adm[inistrati]on was granted."
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