The Cambridge University Heraldic & Genealogical Society
| Title | Last Will and Testament of William Huntington of the Parish of Sculcoates in the County of York and of Kirk Ella in the said County Merchant (20 October 1808, proved 15 August 1823) | |
| Call Number | TNA Ref. PROB 11/1674/225 | |
| Repository | The National Archives | |
| Source ID | S124 | |
| Text | "I William Huntington of the Parish of Sculcoates in the County of York and of Kirk Ella in the said County Merchant do this twentieth day of October in the year of our Lord one thousand eight hundred and eight make this my last Will and Testament in manner and form following that is to say I give and bequeath unto my dear Wife Mary Huntington the use and enjoyment during her natural life of such part of my household Goods beds bedding table and bed linen plate china and furniture as she may think proper to take she my said Wife giving an Inventory thereof and undertaking that the same shall be delivered up to my trustees and Executors hereinafter named to be disposed of as hereinafter mentioned (reasonable wear and tare [sic] thereof only excepted) Also I give and bequeath unto my said Wife all my Stock of Wine ale Porter and Beer which shall be in my private Cellars at the time of my death and all my Stock of Provisions of all sorts which shall be in my dwellinghouses in the Parish of Sculcoates and at Kirk Ella aforesaid or either of them to be entirely at her own disposal and I declare that the sum of two hundred pounds Stock in the three per cent consolidated Bank annuities (part of my Stock in the said fund and now standing in my name) is the property of my Nephew John Allanson Huntington and I do hereby direct my Executors hereinafter named either to transfer so much Stock into the names of the surviving trustees and executors under my late brother Mr. Bacchus Huntington's Will in case I shall not have some so at the time of my decease or that my said trustees and Executors hereinafter named shall continue to receive the interest dividends & proceeds of two hundred pounds Stock as aforesaid and lay out such interest dividends and proceeds from time to time the purchase of like Stock or to place the same out at interest on such other Security as shall be thought proper so as that the same may accumulate and be made principal until my said Nephew shall attain the age of twenty one years at the option of my said trustees and executors and the surviving trustees and executors unto my said Brothers Will I give and bequeath unto my friend John Storm one of my Executors hereinafter named the legacy or sum of one hundred pounds to be paid him as _ conveniently may be after my decease and I do hereby direct that the said John Storm shall have such a remuneration for the trouble he shall incur in settling and adjusting my affairs and concerns and in the collecting in of debts or otherwise as my said trustees and Executors shall think proper and I give devise and bequeath unto my said dear Wife and unto my respected friends Ralph Turner of the Parish of Sculcoates Merchant and John Storm of the Town and County of Kingston upon Hull Merchant their heirs ex[ecut]ors & adm[inistrat]ors all my Messuage or Dwellinghouse with the Stables Coachhouse Outbuildings gardens orchards several Closes of land tenements hereditaments and appurtenances thereto adjoining and belonging situate lying and being in Kirk Ella aforesaid purchased by me from Mr. William Cadday and Ann his Wife William Williamson Esquire and others and also all and every my share and shares right title and interest in and to several pieces or parcels of land and ground lying and being in the Township or Parish of Sculcoates aforesaid and my Seat or Pew in Saint John's Church or Chapel in the Town of Kingston upon Hull and also my freehold messuages lands tenements and hereditaments whatsoever situate and being at Reeth and Fremington or elsewhere in the County of York which I am now in possession of as Mortgagee and all my right title and interest therein and thereto and also all the rest and residue of my household Goods beds bedding table and bed linen plate china and furniture (not hereinbefore disposed of to my said Wife for her life as aforesaid) and also all my money securities for money stock in the public funds and all my stock in trade book debts and other debts and sum and sums of money owing to me and all other my Real and Personal Estate and Effects whatsoever and wheresoever or of what nature or kind soever upon trust nevertheless that they the said Mary Huntington Ralph Turner and John Storm or the survivors or survivor of them her his or their heirs ex[ecut]ors & adm[inistrat]ors do and shall as soon as after my decease as conveniently may be or as my said trustees and the survivors and survivor of them her his or their ex[ecut]ors or administrators shall think proper make sale and dispose of the said several Premises so devised and bequeathed to them in trust as aforesaid or such part thereof as shall not consist of money and do and shall by and out of the monies to arise from such sale or sales as aforesaid pay and discharge all my just debts funeral expences [sic] the said legacy to the said John Storm the costs and charges of proving and regist[e]ring this my Will and all other expences [sic] incident to the trusts and execution hereof and after such payment as aforesaid do and shall add the residue of the monies to arise from such sale or sales as aforesaid unto my Personal Estate to be disposed of as hereinafter mentioned and I do hereby declare that the receipt and receipts of my said trustees or the survivors or survivor of them or the heirs of such survivor shall be a good and sufficient discharge and good and sufficient discharges to the purchaser or purchasers of the said several Premises so directed to be sold or of any part or parts thereof for so much of his her or their purchase money and shall be therein acknowledged to have been received and that such purchaser or purchasers shall not afterwards be answerable or accountable for the loss misapplication or nonapplication of the purchase money so to be received or any part thereof and I will order and direct my said trustees and the survivors and survivor of them her his or their ex[ecut]ors or adm[inistrat]ors to put and place the sum of seven thousand pounds (part of the money to arise by the ways and means aforesaid) out at interest on Real or Government security or securities and pay and apply the interest dividends and proceeds arising from the said sum of seven thousand pounds unto my said dear Wife for and during the term of her natural life and I do give full power and authority to my second Wife by her last Will and Testament to be duly executed in the presence of two or more credible Witnesses to give and dispose of the said sum of seven thousand pounds so to be put and placed out an interest as aforesaid unto and amongst my dear Children by my said dear Wife in such parts shares and proportions and in such manner and to be paid at such time and times as she my said Wife shall order and direct and I order and direct my said trustees and the survivors and survivor of them her his or their ex[ecut]ors or adm[inistrat]ors to pay the said sum of seven thousand pounds unto and amongst my said Children accordingly nevertheless I will and direct that in case my said Wife shall not by her said Will dispose of the same in that case I order and direct that the same shall be accounted and added to the residue of my Personal Estate to be disposed of as hereinafter mentioned and I do further order and direct my said trustees or the survivors or survivor of them her his or their ex[ecut]ors or adm[inistrat]ors to put and place the sum of three thousand pounds (other part of the money to arise by the ways and means aforesaid) out at interest on Real or Government Security or securities and pay and apply the interest dividends and proceeds arising from the said sum of three thousand pounds or such part thereof as shall be thought necessary in and towards the maintenance education cloathing [sic] and support of my son William Huntington until he shall attain the age of twenty one years or be married with the consent of his Mother which shall first happen and when and as soon as my said son William shall attain the age of twenty one years or be married with such consent as aforesaid which shall first happen I give and bequeath the said sum of three thousand pounds together with the savings of and from the interest thereof in the mean time if any such there shall be unto my said Son William and do order and direct my said trustees or the survivors or survivor of them her his or their ex[ecut]ors or adm[inistrat]ors to pay the said sum of three thousand pounds and the savings aforesaid to him my said son William accordingly and I do further will order and direct my said trustees or the survivors or survivor of them her his or their ex[ecut]ors or adm[inistrat]ors to put and place the sum of two thousand pounds [(]other part of the monies to arise by the ways and means aforesaid) out at interest on Real or Government security or securities and pay and apply the interest dividends and proceeds arising from the said sum of two thousand pounds or such part thereof as shall be thought necessary in and towards the maintenance education cloathing [sic] and support of my daughter Elizabeth Huntington until she shall attain the age of twenty one years or be married with the consent of her Mother which shall first happen and when and as soon as my said daughter Elizabeth shall attain the age of twenty one years or be married with such consent as aforesaid (which shall first happen[)] I give and bequeath the said sum of two thousand pounds together with the Savings of and from the interest thereof in the mean time unto my said daughter Elizabeth and do order and direct my said Trustees or the survivors or survivor of them her his or their ex[ecut]ors or adm[inistrat]ors to pay the said sum of two thousand pounds and the savings aforesaid to her my said daughter Elizabeth accordingly and I do further will order and direct my said trustees or the survivors or survivor of them her his or their ex[ecut]ors or adm[inistrat]ors to put and place the sum of two thousand pounds (other part of the money to arise by the ways and means aforesaid) out at interest on Real or Government security or securities and pay and apply the interest dividends and proceeds arising from the said sum in and towards the maintenance education cloathing [sic] and support of my daughter Mary Huntington until she shall attain the age of twenty one years or be married with the consent of her Mother which shall first happen and when and as soon as my said daughter Mary shall attain the age of twenty one years or be married with such consent as aforesaid which shall first happen I give and bequeath the said sum of two thousand pounds together with the savings of and from the interest thereof in the mean time unto my said daughter Mary and do order and direct my said Trustees or the survivors or survivor of them her his or their ex[ecut]ors or adm[inistrat]ors to pay the said sum of two thousand pounds and the savings aforesaid to her my said daughter Mary accordingly and I do further will order and direct my said trustees or the survivors or survivor of them her his or their ex[ecut]ors or adm[inistrat]ors to put and place the sum of two thousand pounds (other part of the money to arise by the ways and means aforesaid) out at Interest on Real or Government security or securities and pay and apply the interest dividends and proceeds arising from the said sum of two thousand pounds or such part thereof as shall be thought necessary in and towards the maintenance and education cloathing [sic] and support of my son George Huntington until he shall attain the age of twenty one years or be married with the consent of his Mother which shall first happen and when and as soon as my said Son George shall attain the age of twenty one years or be married with such consent as aforesaid which shall first happen I give and bequeath the said sum of two thousand pounds together with the savings of and from the interest thereof in the mean time unto my said Son George and do order and direct my said trustees or the survivors or survivor of them her his or their ex[ecut]ors or adm[inistrat]ors to pay the said sum of two thousand pounds to him my said son George accordingly Provided always and I do hereby order and direct that in case any of my said Children William Elizabeth Mary and George shall die under the age of twenty one years leaving issue of his her or their body or respective bodies living at the time or respective times of his her or their decease then and in such case the part or share parts or shares of such of my said son or sons daughter or daughters of and in the said principal monies and the savings thereof hereinbefore bequeathed in trust for such son or sons daughter or daughters respectively shall go and be paid to their Issue respectively as soon after my decease as such issue can give legal discharge for the same and in case any of my said Children William Elizabeth Mary and George shall happen to depart this life under the age of twenty one years and shall leave no issue of his her or their body or respective bodies living at the time or respective times of his her or their decease then I do hereby direct that the part or share parts or shares of him her or them so dying shall go and be paid to the survivors or survivor of them and the issue of such of them as shall be then dead leaving issue (such issue of any one respective deceased Son or Daughter to take no greater share than such deceased Son or daughter respectively would have been entitled to if living) at such time or times as his her or their original share or shares shall become payable or as soon afterwards as circumstances will permit and I do hereby direct that all and every the share and shares so directed to survive and accrue shall from time to time survive and accrue together with the original share and shares until such original share and shares shall become payable by virtue of this my Will and I further give and bequeath unto my said Trustees or the survivors or survivor of them her his or their ex[ecut]ors or adm[inistrat]ors the sum of five hundred pounds (other part of the money to arise by the ways and means aforesaid) upon trust on Real or Government Security or securities and pay and apply the interest dividends and proceeds to arise from the said five hundred pounds in and towards the maintenance education clothing and support of Mary Ann Chapman an Infant now an Apprentice with Mrs. Nicholson Dressmaker of the City of York until she shall attain the age of twenty one years or be married which shall first happen and from and after her attainment of the said age or marriage then I give and bequeath to the said Mary Ann chapman the sum of three hundred pounds (part of the said sum of five hundred pounds) and direct my said trustees or the survivors or survivor of them his her his or their ex[ecut]ors or adm[inistrat]ors to pay her the said sum of three hundred pounds immediately on her attainment to the said age of twenty one years or marriage which shall first happen and as to for and concerning the rest and residue of the said sum of five hundred pounds it is my will and mind and I do hereby order and direct that they my said trustees and the survivors and survivor of them her his or their ex[ecut]ors or adm[inistrat]ors do and shall add the same to the residue of my Personal Estate to be disposed of as hereinafter mentioned and I also give and bequeath unto my said trustees and the survivors and survivor of them her his and their ex[ecut]ors and adm[inistrat]ors the sum of four hundred pounds (other part of the money to arise by the ways and means aforesaid) upon trust to put and place the said sum of four hundred pounds on Real or Government security or securities and pay the sum of sixteen pounds part of the yearly interest dividends or proceeds from the said sum of four hundred pounds yearly by two half yearly payments unto Abra the Wife of [blank] Winter heretofore Abra Chapman and Mother of the said Mary Ann Chapman during the term of her natural life and I will and order that her receipt alone notwithstanding her coverture shall be a good and sufficient discharge from time to time for the said annuity of sixteen pounds or any part thereof my intent being that the said annuity or yearly sum of sixteen pounds shall not be subject or liable to the debts controul [sic] or engagement of her present or any after taken husband and I will and direct that the surplus interest dividends or proceeds of the said sum of four hundred pounds over and above paying the said annuity of sixteen pounds shall be added to and reckoned as part of the residue of my Personal Estate to be disposed of as hereinafter mentioned And whereas my Sister Olive Huntington ever since the death of my late Mother Mary Huntington Widow hath with my full consent & approbation received my share of the rents and profits of the said pieces or parcels of land and Ground at Cottingham aforesaid without accounting to me for the same now I do hereby declare and direct that she my said Sister shall not be compelled or compellable to pay to my Executors or any other person or persons any sum or sums of money for or in respect of my share of the rents and profits of the said Estate at Cottingham aforesaid and I do hereby wholly release and discharge her therefrom nevertheless it is my will and mind that my said Sister Olive shall receive only such my share of the rents and profits of the said Premises as I am now entitled to and not any future share which I may purchase from my brother Christopher Huntington and I do hereby further will order and direct that she my said Sister Olive shall continue to receive my share of the rents and profits of the said Premises until the said Estate and Premises or my share thereof but not any future share I may purchase shall be sold without accounting to my said Executors or any other person or persons for such my share thereof And I do also order and direct that if the said Estate and Premises or my share thereof shall be sold so as that my Executors devisees and trustees or the survivors or survivor of them her his or their ex[ecut]ors or adm[inistrat]ors shall receive a consideration for such my share thereof that then I do hereby order and direct my said Ex[ecut]ors and Trustees or the survivors or survivor of them her his or their ex[ecut]ors or adm[inistrat]ors to place the sum of six hundred pounds by and out of the monies to arise from the sale of my share or the said Premises out at interest on Real or Government security or securities and do and sha[ll] pay and apply the interest dividends and proceeds to arise therefrom to my said Sister Olive for and during the term of her natural life by equal half yearly payments and I give and bequeath the same interest dividends and proceeds of the said sum of six hundred pounds after such my said share shall be sold and my share of the rents and profits of the said premises in the mean time to my said Sister Olive accordingly in case my Servant Mary Burton shall quit my service or the service of my said Wife after my death I bequeath to her one annuity or clear yearly sum of four pounds of lawful money of Great Britain to be paid to her by two equal half yearly payments for and during the term of her natural life the first payment to be paid to her and commence six months after the said Mary Burton shall quit my service or the service of my said Wife after my death and I will and direct that the said annuity shall be paid and payable by and out of the competent part of my personal estate to be set apart for that purpose & as to for & concerning all the rest residue and remainder of the monies to arise by or from the sale of my said Real and Personal Estate and Effects or which by virtue of the trusts of this my Will shall come into the hands of my said trustees or the survivors or survivor of them her his or their ex[ecut]ors or adm[inistrat]ors after paying and discharging all my just debts funeral expences [sic] and the several legacies annuities and other bequests hereinbefore mentioned and bequeathed or intended so to be I give and bequeath the same unto and amongst all and every my four children William Elizabeth Mary and George share and share alike provided also that in case all my said Children William Elizabeth Mary and George shall happen to depart this life under the age of twenty one years and not having been married leaving my said Wife them surviving I give and bequeath unto my said dear Wife the sum of three thousand pounds of lawful money of Great Britain to and for her own use and benefit to be paid and retained by her by and out of the monies which shall be in the hands of my said trustees or the survivors or survivor of them her his or their ex[ecut]ors or adm[inistrat]ors and from and after the decease of all my said Children under the age of twenty one years without issue as aforesaid subject to the provisions hereinbefore made for my said dear Wife & the annuities & charges aforesaid I give and bequeath all the residue of my Estate & the securities and funds whereon the same shall be invested unto and among all and every my Brothers and Sisters and my Nephews and Nieces who shall be alive at the death of the survivor of my Children equally to be divided between and amongst them as tenants in common and to their several heirs ex[ecut]ors adm[inistrat]ors and assigns for ever provided nevertheless that in case my said Wife shall die in the lifetime of my said Children or any of them and all my said Children shall die under the age of twenty one years not having been married and without leaving issue of their or any of their bodies lawfully begotten I give devise and bequeath all and every the trust monies and the securities and funds whereon the same shall be invested & all the residue of my estate whatsoever and wheresoever hereinbefore mentioned to be set apart or given and bequeathed to or for the benefit of my said Wife and Children as aforesaid unto and among all and every my brother and Sisters and my Nephews and Nieces who shall be living at the death of the survivor of my said Children under age not having been married and without issue as aforesaid equally to be divided between and amongst them share and share alike as tenants in common and to their several heirs ex[ecut]ors adm[inistrat]ors and assigns for ever and I do hereby will and direct that notwithstanding I have hereinbefore restricted my said Trustees or the survivors or survivor of them her his or their ex[ecut]ors or adm[inistrat]ors to lend and advance the various trust monies hereinbefore mentioned or real or Government security or securities only yet I do hereby declare and will that in case she he or they shall on my said son William's attaining the age of twenty one years think it prudent and proper to lend and advance all or any part of the said trust monies to him my said son William upon the security of his own bond I do hereby give her him and them full power so to do and in that case my said trustees or the survivors or survivor of them her his or their ex[ecut]ors or adm[inistrat]ors in case of failure of my said son in business or otherwise shall not be liable to make good any loss or losses to be occasioned by this or their so lending and advancing to my said Son William on the security of his own Bond all or any part of the said trust monies provided also that in case by losses or otherwise my Property shall so decrease as to be insufficient to fully satisfy the said several legacies annuities and sums of money bequeathed in trust as aforesaid then & in such case I order and direct that a regular equal abatement shall be made by and out [of] the said trust monies legacies and charges aforesaid And I do hereby further will order and direct that my said trustees and the survivors and survivor of them her his or their ex[ecut]ors or adm[inistrat]ors shall not be answerable or accountable the one for the others or other of them but every of them for her his & their own acts receipts deeds and wilful defaults and none of them for more money than shall come to her his or their hands and possession and by no means for involuntary losses And I do hereby lastly constitute and appoint my said dear Wife Mary Huntington and the said Ralph Turner and John Storm Joint Executrix and Executors of this my last Will and Testament In trust as aforesaid and also Tutors and Guardians of the Persons portions and fortunes of all my said Children William Elizabeth Mary and George during their several minorities and hereby revoking all former & other Wills & Testaments by me heretofore made I publish and declare these twenty three sheets of paper to be and contain my last Will and Testament In testimony whereof I have to the first twenty two sheets hereof set my hand and to this twenty third and last sheet hereof set my hand and seal the day and year first herein written – Wm. Huntington (S.S.) – The twenty two foregoing sheets of paper were signed and this twenty third was signed and sealed and the whole of them were published and declared by William Huntington the testator as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as Witnesses the interlineations and obliterations opposite which the said testator hath set the initials of his name being first made – Pattison Holgate – William Tanfield – Dorothy Fenwick. "Proved at London 15th August 1823 before the Judge by the oaths of Mary Huntington Widow the Relict & John Storm the surviving Ex[ecut]ors to whom adm[inistrati]on was granted having been first sworn by com[m]on duly to administer." | |
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