Wills

Philip RAPER of Dallow Hall, Will

Made 30.12.1842 Proved 24.4.1843
[1843/03/24 Kirkby Malzeard burial of Raper Philip 63 of Dallow Hall]
Transcribed by Carol Metcalfe from original documents available at the WYAS

This is the last will and testament of me Philip Raper of Dallow Hall in the parish of Kirkby Malzeard in the county of York, farmer made and published this thirtieth day of December in the year of our Lord one thousand eight hundred and forty two in manner following that is to say

I give devise and bequeath all and singular my messuages or dwellinghouses closes or parcels of land hereditaments and all and singular other premises situate lying and being in the respective townships of Pateley Bridge, Kirkby Malzeard, Laverton and Skelton or elsewhere in the county of York and also all my household furniture, farming stock, implements of husbandry, monies and securities for money and all and every my personal estate and effects whatsoever and of what nature or kind soever unto my friends William Calvert of Skelding and Thomas Barker of Dallow Gill, their executors and administrators upon trust that they my said trustees or the survivor of them do and shall as soon after my decease as they shall think proper and advantageous sell and absolutely dispose of all or any part or parts of my said real and personal estate and effects together or in parcels and either by public sale or private contract as they or the survivor of them shall see most proper and advantageous and transfer or convey the estate or effects so sold unto or according to the direction of the purchaser or purchasers thereof and the monies which shall arise from the sale of my said estate and effects shall be applied in the first place on payment and discharge of all my just debts funeral and testamentary expences and charges of proving this my will

And from and after payment thereof in the next place I direct my said trustees to pay unto my brothers Henry Raper and William Raper the legacy or sum of five pounds each and unto my sister Ann Robinson the legacy or sum of five pounds and also unto the children of my late sister Mary Ibbotson the legacy or sum of five pounds in equal shares and proportions

And as to the rest, residue and remainder of the monies to arise from the sale of my estate and effects aforesaid or so much thereof as shall be sold, I direct my said trustees or the survivor of them to invest the same upon government or real security at interest in their or his own name or names and pay and apply the annual income arising therefrom and the rents, issues and profits of such part of my estate as shall remain unsold or so much thereof as they my said trustees or the survivor of them shall think advisable towards the maintenance, education and bringing up of my niece Mary Cass Richmond now residing with me until she shall attain her age of twenty one years And when and so soon as she shall attain that age, I direct my said trustees or the survivor of them to transfer and assign all and singular the monies so to be invested as aforesaid and such part or parts of my estate and effects which shall remain unsold as aforesaid unto my said niece Mary Cass Richmond her heirs executors administrators and assigns absolutely

But in case my said niece Mary Cass Richmond shall happen to die before she shall attain her age of twenty one years and without leaving lawful issue then I direct my said trustees or the survivor of them to sell and dispose of such part or parts [if any] of my estate or effects as shall remain unsold and the monies to arise from such sale or sales and all other monies which shall be invested as aforesaid to pay and divide the same unto and equally between my brothers Henry Raper, William Raper, my sister Ann Robinson and the children of my late sister Mary Ibbotson such children taking the share which their mother would have been entitled to if living and to their several and respective executors administrators and assigns providing always in case my said niece Mary Cass Richmond shall happen to be taken under the care or control of her father Joseph Richmond and without the consent and concurrence of my said trustees or the survivor of them then I direct that the interest dividends or annual proceeds of my estate and effects aforesaid shall accumulate and be invested as principal monies and be paid and disposed of in such manner as I have given and bequeathed my said estate and effects

I devise my trustees all real estates [if any] vested in me as a trust or mortgage subject to the equities affecting the same respectively

I declare that the receipts of my said trustees shall exonerate purchasers and others paying or transferring monies or funds to such trustees by virtue of my will from all liability in respect of the application thereof

And I further declare that the trustees or trustee for the time being of my will shall not be answerable for each other’s acts or receipts nor for any losses happening without their own respective default and shall be at liberty to retain and allow to each other all expences incident to the execution of the trusts and powers of my will and I do appoint the said William Calvert and Thomas Barker executors of this my will hereby revoking all former wills by me made

In witness whereof I have hereunto set my hand the day and year first above written

Philip Raper

Signed by the said testator as his
last will and testament in the
presence of us present at the same
time who at his request in his
presence and in the presence of each
other have subscribed our names
as witnesses

J.W.Nicholson
Ann Coldbeck