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This is the last Will and Testament of me George Woodhouse Porrett of Scarbrough in the County of York Ship Builder made by me the seventeenth day of July in the year of our Lord one thousand eight hundred and twenty eight
I Give Devise and Bequeath all my Real and Personal Estate and Effects whatsoever and wheresoever and of what nature or kind soever unto George Dale Smith of Scarbrough aforesaid Ship Builder and Timothy Hardcastle of the same place Gentleman their heirs Executors Administrators and Assigns according to their respective natures and tenures thereof respectively Upon Trust by and out of my said Personal Estate or by sale or mortgage of all or any part of my said Real Estate to pay and discharge all my just debts Funeral and Testamentary Expences And subject thereto Upon Trust to pay the Rents Issues and Profits of my said Real Estate and the Dividends Interest and Annual process of my said personal Estate unto or permit the same to be received and taken by my dear wife Anne Porrett and her Assigns for and during the Term of her natural Life And from and after her decease Then Upon Trust by the ways and means aforesaid to raise the Annual Sum of thirty pounds during the natural Life of my Daughter Elizabeth Porrett and pay and apply the same in and towards the maintenance and support of her my said Daughter And subject as aforesaid Upon Trust to convey and assure all and singular the said Trust Monies and Premises unto and equally between my dear Son George Porrett and any other my Child or Children which I may have living at the time of my decease or born in due time afterwards (except my said Daughter Elizabeth) at their respective Ages of twenty one years and to their Heirs Executors Administrators and Assigns respectively as Tenants in common for their own use and benefit absolutely and if but one such Child then the whole to such one Child and in the mean time the Income arising from such Trust Estates to be applied in and towards their maintenance support and education Provided always and it is my Will and mind that in case my said Son George Porrett shall depart this life under the Age of twenty one Years and I shall not have any other Child or Children (except my said Daughter Elizabeth) or having such all of them shall die under the Age of twenty one years then and in such case they my said Trustees shall stand seized and possessed of the said Trust Estates Monies and Premises Upon Trust for such Person and Persons in such parts shares and proportions manner and form as my said dear Wife, if living at the decease of the Survivor of my said Children except my said Daughter Elizabeth, shall by her last Will and Testament or any Codicil thereto to be duly executed by her in the presence of and attested by two or more credible Witnesses direct limit or appoint And in default of such Appointment Upon Trust to pay and apply the Rents and Profits and Income arising therefrom in and towards the maintenance and support of my said Daughter Elizabeth Porrett for and during her natural life And from and immediately after her decease then Upon Trust to sell and convert into money the whole of the said Trust Estates and Premises by private contract or public Auction as to them my said Trustees shall seem proper And to stand possessed of the monies arising thereby and of such part of my said Trust Estates and Premises as consisted of ready Money upon the Trusts following (that is to say)
As to one equal fifth part thereof Upon Trust for and to pay the same unto my Dear Brother Turner Porrett his Executors Administrators and Assigns for his and their own use and benefit absolutely
As to one other fifth part thereof Upon Trust for and to pay the same unto my dear Sister Betty Adamson her Executors Administrators and Assigns for her and their own use and benefit absolutely
As to one other fifth part thereof Upon Trust for and to pay the same unto my Wife's Brother John Coulson his Executors Administrators and Assigns for his and their own use and benefit absolutely
As to one other fifth part thereof Upon Trust to pay the Interest and annual Proceeds thereof unto my dear Sister Jane Nicholson and her Assigns for and during her natural life and after her decease in case she shall leave any Child or Children Then Upon Trust to pay and divide the same unto and equally amongst all such Children at their respective Ages of twenty one years for their own use and benefit respectively
And as to the remaining part thereof Upon Trust to pay the Interest and Annual Proceeds thereof unto my dear Sister Ann Southwick and her assigns for and during the term of her natural life And after her decease in case she shall leave any Child or Children Then Upon Trust to pay and divide the same unto and equally amongst all such Child and Children at their respective Ages of twenty one Years for their own use and benefit respectively
But in case my said two Sisters Jane Nicholson and Ann Southwick or either of them shall not leave any Child or Children who shall live to attain the Age of twenty one years then I direct the said parts or shares of the said Trust Monies bequeathed to them my said two last named Sisters and their Children shall on their respective deceases be paid to and divided amongst such of them the said Turner Porrett Betty Adamson and John Coulson as shall be living at their respective deceases and the Children of such of them as shall be then dead leaving a Child or Children the Children of each one of them the said Turner Porrett Betty Adamson and John Coulson who may be then deaqd taking amongst them respectively such share only as would have passed to his her or their Parent or Parents if living
And I do hereby declare that the Receipt and Receipts of my said Trustees and the Survivor of them and the Heirs and Assigns of such Survivor shall from time to time be good and sufficient discharge and discharges to the purchaser or purchasers of all or any part of my said Real Estate and for any sum and sums of Money which may be advanced thereon by way of Mortgage or for so much and such part and parts thereof respectively as in such Receipt and Receipts shall be expressed to be received And that such purchaser or purchasers Mortgagee or Mortgagees or other Person or Persons paying such Monies his her and their Heirs Executors and Administrators respectively shall not afterwards be answerable or accountable for any loss misapplication or nonapplication of such Monies or any part thereof or be bound to inquire into the necessity for making any such Sale or Sales Mortgage or Mortgages And further that they my said Trustees shall not be answerable or accountable the one for the other of them or for the Acts Deeds Receipts neglects or defaults of the other of them but each of them for his own Acts Deeds Receipts neglects or defaults only nor for any loss which may happen to the said Trust Monies and Premises unless the same shall happen through their own wilful neglects or defaults respectively And further that it shall and may be lawful to and for my said Trustees from time to time and at all times hereafter to deduct and retain to and reimburse himself and themselves by and out of the said Trust Estates Monies and Premises all such Costs Charges Damages and Expences as they may sustain expend or be put unto in or about the Execution of all or any of the Trusts aforesaid or in any manner howsoever relative thereto
And lastly I do hereby nominate constitute and appoint my said dear Wife and the said
George Dale Smith and Timothy Hardcastle joint Executrix and Executors of this my last Will In Witness whereof I the said
George Woodhouse Porrett have to this my last Will and Testament contained in four Sheets of Paper set my Hand and Affixed my seal to wit my Hand to the bottom of the three preceeding sheets and my
Hand and Seal to this fourth and last sheet thereof the Day and Year first herein written
Signed Sealed etc............
Witnessed:
Robt. Norwan
Jno. ...p.
John Appleby
CODICIL TO ABOVE WILL.
This is a Codicil to and to be taken as part of the last Will and Testament of me
George Woodhouse Porrett of Scarbrough in the County of York Ship Builder which Will was made and published by me on the seventeenth day of July in the year of our Lord one thousand eight hundred and twenty eight.
Whereas I have in and by my said Will devised and bequeathed all my real and personal estate and effects unto
George Dale Smith of Scarbrough aforesaid Ship Builder and Timothy Hardcastle of the same place Gentleman their Heirs executors administrators and assigns Upon certain trusts in my said Will specified and appointed my dear Wife and the said
George Dale Smith and
Timothy Hardcastle joint executrix and executors thereof
And whereas I am desirous of appointing Christopher Hill of Scarbrough aforesaid Ship owner to be trustee of my said real and personal estates respectively and also an Executor of my said Will Now therefore I do hereby give devise and bequeath the same real and personal estate and effects unto the said
Christopher Hill and the said George Dale Smith and Timothy Hardcastle their heirs executors administrators and assigns according to the respective nature and tenures thereof respectively but nevertheless upon the several trusts and to and for the several ends intents and purposes and with under and subject to the same Powers provisoes declarations and agreements as are limited expressed and declared of and concerning the same real and personal estate and effects respectively in and by my said Will And I do hereby nominate and appoint the said
Christopher Hill to be one of the executors of my said Will in conjunction with my said Wife and the said
George Dale Smith and Timothy Hardcastle And in all other respects I do hereby
confirm my said Will In Witness whereof I the said George Woodhouse Porrett
have hereunto set my Hand and seal the Twenty first day of November in the year of our Lord one thousand eight hundred and twenty nine
Signed sealed etc......
Robt. Norwan
Jno. ...p Atty
Scarbro
Sarah Thompson
his servant
PROBATE
Granted 15 January 1830 to..
George Dale Smith,
Timothy Hardcastle
Ann Porrett Widow his relict,
Christopher Hill
the joint executors.
Note also that he died 8 January 1830
transcript
Dave King, published 16.11.2001