Last Will and Testament of Matthew INGLEBY

Last Will and Testament of Matthew INGLEBY dated 11th April 1868
Transcribed by Sheila K Douglas

Her Majestey’s Court of Probate Extracted from the District Registry at Wakefield

This is the Last Will and Testament of me Matthew Ingleby of Wakehill in
Dallowgill in the Parish of Kirkby Malzeard in the County of York Farmer made this
eleventh day of April in the year of our Lord one thousand eight hundred and sixty eight.

I appoint my brother Robert Ingleby and my friend David Richmond of Laverton farmer Executors and trustees of this my Will And I give and devise unto
them and their heirs all estates vested in and upon any trust or by way of
mortgage Subject to the equities affecting the sums respectively

I give to my dear wife Elizabeth for her own absolute use and benefit All and
every my household furniture and household effects of every description.

I give and bequeath to my said brother and the said ????? and who are
together referred to as my said trustees all my farming stock crops and implements
of husbandry and all my money and securities for money and all other my personal
estate whatsoever and whomsoever upon trust at their discretion after my decease
to sell and absolutely dispose of and convert into money when and in such manner
as they may deem most advisable such ?profits? thereof as may not consist of money
at the time of my death And after payment thereout of all my debts funeral
and Testamentary expenses Upon trust to invest the residue thereof at interest
upon any securities they may think proper with full power at all times to ?sway? and transpose any such securities into others of a like nature and give all ?necessary?
and effectual receipts in anywise relating thereto And upon trust to pay and apply
the income and annual proceeds of the said trust monies unto my dear wife
Elizabeth during the term of her life if she shall so long continue my widow but
not otherwise for the maintenance of herself and our children And from and after her
decease or next marriage whichever event shall first happen upon trust to call in
the said trust monies and to pay the same unto my son John Ingleby if he shall
be then living and shall have attained or shall live to attain the age of twenty one
years And in case he shall be then dead to pay and divide the same unto and
amongst all his children if he shall leave any or their respectively attaining the
age of twenty one years in equal shares as tenants in common.

And in case my said son John shall die under the age of twenty one years and
without leaving any child or issue him surviving Upon trust to pay and divide the said
trust monies unto and equally amongst my three daughters ROSANNA, SUSANNAH
and ELIZABETH or the survivors or survivor of them who shall be living at the
decease of my said son and shall have attained or shall live to attain the age
of twenty one years

I give and devise unto my said trustees and their heirs executors administrators
and assigns all my hereditaments and real estate situate at Dallowgill aforesaid
or elsewhere and whether in possession reversion remainder or expectancy To
hold the same unto them and the survivor of them his heirs executors and
administrators Upon trust to pay the rents and annual profits thereof unto my
said wife for her life if she should so long continue my widow but not otherwise
And from and after her decease or next marriage Upon trust to stand possessed
of the said hereditaments and real estate at Dallowgill aforesaid or elsewhere
In trust for my said son John his heirs executors administrators and assigns
absolutely

And I hereby give and devise the same unto him and them accordingly Subject
nevertheless and I hereby charge the same hereditaments and real estate with
the payment of the yearly sum of two pounds unto each of my said daughters
ROSANNA, SUSANNAH and ELIZABETH for and during their respective lives
Provided always and I direct that in case my said son John shall die without
leaving any child or issue him surviving Then and in such event I give and devise
my said hereditaments and real estate at Dallowgill aforesaid or elsewhere unto
and amongst my said three daughters Rosanna, Susannah and Elizabeth and the
survivors and survivor of them who shall be living at the decease of my said son
John and who shall have attained or shall live to attain the age of twenty one
years in equal shares as tenants in common and their respective heirs
executors administrators and assigns Provided always and I do hereby declare
that every receipt in writing of the trustees or trustee for the time being of this
my will shall be a good and sufficient receipt and discharge for any sum or sums
of money which shall be paid to him or them under or by virtue of this my Will or
any of the trusts powers or provisoes herein contained And that the person or
persons paying such sum or sums of money and taking such receipt or receipts
as aforesaid shall not afterwards be answerable or accountable for the same or
liable to see to the application or appropriation thereof.

And I declare that my said trustees or other the trustees or the trustee for the time
being of this my Will shall not be answerable for each others acts or receipts nor
for any banker or broker or other person to whom the trust monies or any of them
may be entrusted for the purpose of or until investment or for any other loss
whatsoever happening to the trust property without their own respective willful
default and shall be at liberty and have full power to retain and allow to each
other all costs charges and expenses whatsoever as between Solicitor and
client to be incurred or in anywise incident to the execution of the trusts of this
my Will.

And I give and grant so far as I lawfully can or may unto the trustees or trustee for
the time being of this my Will in addition to the powers hereinbefore expressly given
to them all statutory powers authorities privileges and exceptions which are now by
law given to or vested in trustees

I revoke all former Wills by me made In witness whereof I have at the foot or end of
this my Will subscribed and set my hand the day and year first herein written

Matthew Ingleby – Signed and acknowledged by the said Matthew Ingleby the
Testator as and for his last Will and Testament in the presence of us who at his
request in his presence and in the presence of each other all being present at
the same time have hereunto subscribed our names as witnesses –

John Archibald Shaw Clerk in the Holy Orders Dallaghgill -
Henry Lofthouse farmer Dallaghgill / fo’s 13

Proved at Wakefield the 16th day of October 1868 by Robert Ingleby the Brother one of the Executors (Power reserved of making the like Grant to David Richmond the other Executor)

Effect under £100
Testator died 19th May 1868