 |
Web Hosting by Netfirms | Free Domain Names by Netfirms |
|
|
|
Home Testators Named people Links
George Ashburner
This is the last will and testament of me George ASHBURNER of Bowness in the county of Westmoreland gentleman I nominate institute and appoint William BOWNESS of the Royal Hotel Bowness and John (unclear) TAYLOR of Bowness aforesaid solicitor to be executors and trustees of this my will I direct that all my just debts funeral and testamentary expenses and the proving and carrying into execution the trusts of this my will shall be paid and satisfied as soon as may be after my decease out of my personal estate I give devise and bequeath unto my said trustees and the survivors of them all my real estate situate at or was Bowness aforesaid and at Ormskirk in the county of Lancaster and all other real estate of which I may be possessed or to which I may be entitled at the time of my decease also all my bills costs notes railway shares moneys and sureties for money and all other my personal estate to hold To them my trustees and the survivors of them and the heirs executors and administrators of each survivor in according to the respective (natures) and tenures thereof upon trust to pay unto John GARSIDE of Kendal and Jane his wife and to the survivors of them during his or her natural life the costs issues and profits of all my real estate situate at Windy Hall and at Bowness aforesaid or the interest dividends and annual proceeds of the money arising from a sale thereof in case my said trustees shall sell the same as I have herein after empowered them and upon further trust to receive the rents of my other real estate until disposed of and to collect (all) in and convert all my personal estate and effects or so much thereof as they in their discretion shall think prosperous to pay unto the said John GARSIDE after deducting the expenses of receiving the same / any sum or sums of money that I may have in any Bank at the time of my decease and after paying out of the residue of my estate and effects all my just debts funeral and testamentary and other expenses upon trust to pay and I do hereby give and bequeath unto Robert ROBINSON of Bowness Shoemaker the sum of One Hundred pounds. I also give and bequeath each of the children of Thomas STRICKLAND of Fairbank in the county of Westmoreland now living and who shall live to attain the age twenty one years the sum of two hundred pounds and I request my said Trustees and the survivor of them to set apart and invest upon such security as they or he shall think proper a sum of money equal to the above bequests and when and so soon as the children of the said Thomas STRICKLAND shall respectively attain the age of twenty one years they then to pay the respective legacies to herein before given to them with all accumulations thereof unto each of them as are now living and shall live to attain that age and if any or other of them shall die before attaining the age of twenty one years then I direct that the legacy of him her or them so dying shall be distributed and divided as I have herein directed with regards to the residue of my estate and effects and after and after payment of the said debts expenses and legacy and the setting apart a sum sufficient to carry the bequest to the children of the said Thomas STRICKLAND. Then upon trust to pay divide and distribute the clear residue arising from my real and personal estate and effects unto and equally amongst the parties who would be entitled to my personal estate according to the statute of distributions if I had died intestate and from and after the decease of the said John GARSIDE and Jane his wife joint that the interest given to them by this my will excepting the money in the bank as aforesaid which I give to the said Jane GARSIDE absolutely and shall go to and be divided in the same way and for the purpose of enabling the trustees or trustee for the time being of this my will to carry out my instructions I give them full powers to sell and convert the whole or much and such part of my real and personal estate and in such manner and at each time as they may think proper and to invest the amount arising from such conversion in their names or name in the public stock or funds of Great Britain or at interest upon mortgage of real estate or upon investments if they shall think proper and from time to time alter vary and transpose all or any said stocks funds securities or investments and prior securities and investments of a like nature and I declare that the trustees or trustee for the time being of this my last will shall execute all necessary and proper companies of all or any part of my real estate that they may sell and that the receipt or receipts of them or the survivors of them shall be a good and sufficient discharge or a good and sufficient discharges to the purchaser or purchasers of all or any part of my said real estate or to any person or persons whomsoever for any sum or sums of money which they my said trustees may receive by virtue of this my will and real (unreadable) purchasers or persons carrying any sum of money by virtue of this my will shall not be answerable or accountable for the application or misapplication or non application thereof. I devise all real estates which shall at my decease be vested in me as trustee or mortgagee to my said trustees subject to the equities affecting the same and it being my desire that the said John (unclear) TAYLOR who is now acting as my attorney and solicitor shall continue to act as such in all matters relating to my property and affairs and shall make the usual professional charges and I expressly direct that he shall not withstanding this acceptance of the office of trustee and executor of my said will and his acting in the execution thereof be entitled to make the same professional charges and to receive the same pecuniary remuneration for all business done by him and attendances given in or about the execution of the trusts of this my will or the management or administration of my trust estate real or personal as if he not being himself a trustee or executor of my said will where employed by the trustees or executors thereof as attorney or solicitor o such trustees or executors and shall be entitled to retain out of any trust monies or be allowed to receive from his co trustee out of the same monies the full amount of such charges any rule of equity to the contrary notwithstanding investments without prejudice to the right or competency of trustee and executor of my said will provided always and I do hereby further declare that the trustees of this my will hereby appointed their heirs executors administrators shall be charged with and chargeable for such moneys only as they respectively shall actually receive by virtue of the trusts hereby in them deposed notwithstanding their or (unreadable) of their giving or joining in giving any receipt or receipts for the sake of conformity and I direct that neither of them shall be answerable or accountable for any banker or broker with whom any part of the said trust monies and premises shall be placed for sale custody or for any default or neglect or either of them or for involuntary loses And also that it shall and may be lawful for them with and out of the aforesaid to retain and reimburse themselves respectively and also to allow to each other all costs charges damages expenses fees to counsel for advise and all other expenses which they may ay expend sustain or disburse or about the execution of the trusts hereby created in witness whereof I have to this my last will and testament written on three sheets of paper set my hand at the foot or and hereof and also at the foot of each of the two preceding sheets the thirteenth day of may in the year of our lord one thousand eight hundred and fifty two -signed George Ashburner
Signed by the testator George ASHBURNER 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 have hereunto subscribed our names as witnesses - H HOLME Surgeon - Bowness & Robert BOWNESS Royal Hotel Bowness
Proved at London 4th (January) 1852 before the Judge by the oaths of a William BOWNESS and John (unclear) TAYLOR the trustees whom an admon was granted having been first sworn by **mon duly to admit
If this person or the persons mentioned in it are part of your tree then Gail will be happy to hear from you.
This will can be downloaded from the PRO site, check the links page for the address
Home Testators Named people Links