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and in case any one or more of the aforesaid Children of my said late son Pybus Hamilton shall happen to die under the age of twenty one years without leaving lawfull Issue him her or them surviving Then I do hereby Will order and Direct that the Legacy or Legacies of him her or them so dying shall go and be paid unto and amongst the Survivors or Survivor of such Children of him my said late son Pybus Hamilton and the Issue Child or Children of such of the said child or Children of my said late son Pybus Hamilton as shall be then Dead in equal shares and proportions if more than one and to take according to there respective stocks and not according .... respective Heads
and in case any one or more of the aforesaid Children of my said late Son Richard Hamilton Shall happen to die under the age of Twenty one years without leaving lawfull issue him her or them surviving Then I do hereby will order and Direct that Legacy or Legacies of him her or them so Dying shall go and be paid unto and amongst the Survivors or Survivor of such Children of him my said late son Richard Hamilton and the Issue Child or Children of my said late son Richard Hamilton as shall be then Dead in Equal shares and proportions if more than one and to take according to there respective Stocks and not according to there respective Heads
I Give Devise unto my Dear wife Catharine Hamilton and her assigns all my messuages Lands Tenements and hereditaments situate and being at Northallerton in the said County of York or elsewhere To Hold to her my said Dear wife and her assigns for and during the term of natural life and subject thereto I Give and Devise the same Messuage Lands Tenements and Hereditaments and all other my Real Estate Whatsoever and Wheresoever unto my sons Thos Hamilton and Antony Hamilton and My Daughter Catharine Porritt their Heirs and assigns To Hold to them the said Thos Hamilton AntonyHamilton and Catharine Porritt their Heirs and Assigns for ever And to take as Tenants in Commen and not as joint tenants
and I also Give and bequeath unto my said sons Thos Hamilton and Antony Hamilton and to Thos Hamilton the Elder of Northallerton aforesaid Grocer there Executors and administrators all my Ready Mony bonds Bills Notes and Securities for Money And all the Rest Residue and Remainder of my Goods Chattels personal Estate and Effects whatsoever and Wheresoever To Hold the same unto my said sons Thos Hamilton and Antony Hamilton and Thos Hamilton of Northallerton there Executors administrators or assigns Upon and for the Trusts Intents and Purposes hereinafter Declared of and concerning the same that is to say In Trust to call in and receive such part of my personal Estate as shall Consist of money due and owing to me by Specialty Simple Contract or otherwise and to sell and dispose of such parts thereof as shall consist of personal Chattels and Convert the same into Money
And I do hereby Declare my Will and Mind to be that my said Sons Thos Hamilton and Antony Hamilton and the said Thos Hamilton of Northallerton and the survivors or survivor of them and the Executor and Administrators of such Survivors shall stand and be possessed of and intrusted in the Money which shall come to their or his Hands by virtue of or under this my Will upon the Trust herein after Expressed that is to say Upon trust that they or the Survivors or Survivor of them or the Executors or Administrators of such Survivor do and shall pay and Discharge thereby or therewith the aforesaid Legacies my just debts and Funeral and Testamentary Expenses And do And shall lay out and Invest the Surplus and residue of such Money in their or his names or name in the purchase of Parlimentary Stocks or Funds of Great Britain or at Intrest upon Goverment real or other good and sufficient Securities in England to from time to time altered and varied at their or is Descretions and do and shall pay the Intrest Dividends and annual produce of the said Trust Moneys Stocks Funds and Securities by equal half yearly Payments in every year into the proper Hands of my said Dear wife for and during the term of her natural life
and from and after the Decease of said Dear wife then I will and direct that my said sons Thos Hamilton and Antony Hamilton and Thos Hamilton of Northallerton and there Survivors do and shall stand and be possessed of and intrusted in one Equal undivided third part or Share the whole into three Equal parts or shares to be divided of and in the said Trust Moneys Stocks Funds and Securities upon the Trusts and to and for the Ends Intents and purposes and with under and Subject to the powers provisoes Declarations and Agreements hereinafter Declared Expressed of or concerning the same that is to say upon trust for and to be paid Assigned or transferred to such persons or person and in such parts Shares and proportions at such time or times and in such manner and from and to and for such ends Intrests and purposes as she my said Daughter Catharine Porritt not with standing her C....... shall by any Deed or deeds writing or writings with or without power of Revocation to be by her duly Executed or by her last will and Testament in writing in like manner to be Executed Give bequeath Direct or appoint and in Default of and for want of such Gift bequest Direction or appointment then I will and direct that the same one undivided third part or share of and in the said Trust Moneys Stocks Funds and Securities shall be upon trust for all and every the Child and Children of her my said Daughter Catharine Porritt who shall be living at her decease in Equal Shares and proportions if more than one and to be paid assigned or transferred to them respectively by my said trustees or the survivor or survivors of them or the Executors or Administrators of such survivor immediately after the Decease of my said Daughter Catharine Porritt provided they shall have then attained the age of Twenty one years but in case any of them shall not then have attained such age then the share of such one or more of them so under age as aforesaid to be paid Assigned or transferred to him her or them respectively as and when they shall attain such age of Twenty one years
And my mind and will is and I do hereby direct that until such gift Bequest Direction or appointment shall be made and take effect they my said Trustees and Survivors and survivor of them and the Executors and Administrators of such Survivor do and shall pay the Intrest Dividend and Annual produce of the same undivided third part of and in the said Trust Money Stocks Funds and Securities by equal half yearly payments in every year into the proper Hands of my said Daughter Catharine Porritt And I do hereby Expressly Will Order and Direct that the Receipt and receipts alone of my said Daughter Catharine Porritt for the said Intrest Dividends and Annual produce of the same undivided third part or share of and in the said Trust Moneys Stocks Funds and securities which she shall from time to time receive and no other shall be a good and sufficient Discharge or Discharges to my Trustees for the same it being my Will and intention that the said Intrest Dividends and Annual produce or any part thereof shall not at any time be received by or be subject or liable to the Debts Controul or Engagements of the present or any future Husband or Husbands of her my said daughter Catharine Porritt
and as to for and concerning one other undivided third part or share the whole into three Equal parts or shares to be divided of and in the said Trust Moneys Stocks funds and securities and the Intrest Dividends and Annual Produce thereof I give and bequeath the same to my said son Thomas Hamilton his Executors and and Administrators and to be retained by or paid Assigned or transferred to him or them accordingly immediately after the Decease of my said Dear wife
and as to the remaining undivided third part or share the whole into three equal parts or Shares to be Divided of and in the Said Trust Monies stocks Funds and Securities and the Intrest Dividends and Annual produce thereof I Give and bequeath the same to my said son Antony Hamilton his Executors and administrators and to be retained by or paid assigned or transferred to him or them Accordingly immediately after the Decease of my said Dear wife
And I do hereby Constitute and appoint my said sons Thomas Hamilton and Anthony Hamilton and the said Thomas Hamilton of Northallerton joint Executors of this my last will and Testament upon the several Trusts aforesaid And I do hereby Declare my mind and Will to be that my said Trustees and Executors and each of them shall be charged and chargeable respectively only for such monies as they shall respectively actually receive by virtue of the trusts hereby in them reposed not with standing his or there giving or signing or joining in Giving or Signing any Receipt or Receipts for the sake of Conformity and neither of them Shall be Answerable or accountable for the other of them or for the Acts Receipts Neglects or Defaults of the other of them but each of them only for his and there own Acts Receipts Neglects or Defaults respectively and that they or either of them shall not be answerable for any Involuntary loss or Damage which may happen in the Execution of of the Trusts hereby in them reposed And it shall and may be lawfull to and for my said Trustees and Executors by and out of the Money which shall come to there respective Hands by Virtue of the Trusts aforesaid to retain to and reimburse himself and themselfs all costs charges Damages and Expenses which they or either of them shall or may suffer sustain Expend be at or be put into in or about the aforesaid Trusts or in relation thereto I give a further sum of Eighty Pounds to my Son Thomas Hamilton which I order and Direct to be Paid by my said Executors
And I do hereby revoke all former and other wills by me at any time heretofore made and I do Declare this only to be my last Will and Testament In Witness whereof...........................
.............................the said testator Richard Hamilton the Elder...............................................................
Witnessed by
James Awmack
Lancelot Marshall
George Walker
Attached Probate Bond..
I do hereby certify that on the twenty fourth Day of August in the Year of our Lord 1818 Thomas Hamilton of the Parish of Leck in the County of York Farmer, Anthony Hamilton of Foxton in the parish of Sigston and the said County of York Farmer, and Thomas Hamilton of the parish of Northallerton Grocer joint Executors named in this the last will and Testament of Richard Hamilton late of the parish of Northallerton Yeoman deceased were sworn well and truly to execute and perform the same, and that the whole of of the Goods Chattles and Credits of the said deceased within the Province of York Does not amount to the sum of one Thousand Pounds.........