WILL of Joseph Sugden Innkeeper the Fleece INN, Wakefield

The Will of Joseph Sugden Innkeeper late of Wakefield in the diocees of York deceased eighth day of Febuary 1847
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This is the last WILL and Testiment of me
Joseph Sugden of Wakefield in the county of York, Innkeeper.

FIRST I DIRECT that all my just debts funeral and testamentary expenses and the cost and charges of proving and registering this my will shall be paid and satisfied by my executors hereinafter named and out of my personal Estate but in case my personal Estate shall be found insufficient for the payment thereof then I direct that my real Estate shall be chargeable with and liable to make up such deficiency and subject thereto and chargeable therewith.

I GIVE DEVISE AND BEQUEATH all my real and personal Estate and effects whatsoever and wheresoever and of what nature or kind the same may be unto my friend Charles Norcliff of Goring House Farm near Wakefield aforesaid Farmer and Malster and my son in-law George Walker of Leeds in the said county, Dyer, and to the survivor of them and to their heirs Executors and administrators of such survivor,

UPON THE TRUSTS and to and for the ends intents and purposes hereinafter expressed and declared of and concerning the same, that is to say:-

Upon Trust in the first place after making the payment aforesaid that they the said
Charles Norcliff and George Walker or the survivor of them or the executors or administrators of such survivor or other the Trustees or Trustee for the time being of this my WILL do and shall carry on and manage my present business of Innkeeper in the leasehold house and premises now occupied by me or let the same leasehold house and premises to some member of my family for the residue and remainder of my unexpired term at such rent and upon such terms and conditions as they my said Trustees or Trustee for the time being shall think reasonable and proper and upon further Trust to apply the income and profits of the said business or the rent and proceeds of the said leasehold premises unto and for the benefit of three of my children namely Matilda, for William and Maria until my said daughter Maria shall attain the age of eighteen years;

And upon further Trust that they my said Trustees or Trustee for the time being do and shall before my said daughter Maria shall attain the said age of eighteen years sell and dispose of all my real and other personal Estate and effects whatsoever and wheresoever either by public auction or private contract as they or he my said Trustees or Trustee shall think proper and also make execute and perfect all necessary and proper Deeds writings conveyances surrenders and assurances for the purposes of vesting the same in any purchaser or purchasers thereof;

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And I do hereby declare that the receipts or receipt of the said Trustees or Trustee or of the acting or only Trustee of this my WILL for the time being shall be good valid and sufficient aquittance and discharge aquittances and discharges to the purchaser or purchasers of the said estates or any part thereof for all or any part of the money which shall be by them him or her paid for the same or so much thereof as shall be in such receipt or receipts expressed to be received.

And that no such purchaser or purchasers after paying his her or their purchase money to the said Trustees or Trustee or his or their order shall be answerable for the application thereof.

And I also declare my WILL and mind to be that they my said Trustee and the survivor of them and the executors or administrators of such survivors do and shall stand and be possessed of and invested in the money to arise from such sale or sales of my said real Estate and all other my personal Estate and Effects,

Upon further Trust when and so soon as my said daughter Maria shall attain the age of eighteen years or if my said daughter Maria shall die under that age then when and so soon as her death shall happen to pay and divide the same equally amongst my children namely
Eliza the wife of the said George Walker,
Jane Roberts the Widow of the late Jervise Roberts, Butcher
Elizabeth Sugden, Matilda Sugden, Joe William Sugden and Maria Sugden as tenants in common and not as joint tenants;

Provided Nevertheless and I do hereby direct that my said Trustees or Trustee shall deduct or retain from the share payable to my said son Frederick Cardwell Sugden under or by virtue of the Trusts herein declared and contained the sum of forty five pounds nineteen shillings and interest now due and hereafter to grow due thereon from the date of the promissory note of the said Frederick Cardwell Sugden given by him to me and also shall deduct or retain the further sum of forty pounds in addition to that sum

And I likewise direct that my said Trustees or Trustee also shall deduct or retain from the share payable to my said son Edward under the trusts of this my WILL the sum of Twenty pounds;

Provided always that if any of my said children shall die during my lifetime or after my decease being a son or sons under the age of twenty one years or being a daughter or daughters under that age and unmarried;

Then I WILL and direct that the part or share parts issue if any of such children as may be dead to be equally divided between and amongst them share and share alike and if but one of then to such one or only child or issue parent or parents would have taken, if living, and to be vested and transferable interests in him or her and them at such ages and time respectively as the original share or shares is or are hereinafter declared to be vested;

Provided always and it is my further WILL and mind and I declare that it shall be lawful for my said Trustees or Trustee to pay and apply out of the said Trust premises any part not exceeding the sum of twenty pounds for the putting or placing out such if any of my children to or in any trade business profession or employment or otherwise for his or her or their preferment or advancement in the work not withstanding the part or share or parts or shares of him or her or them shall not have become payable;

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Provided always and I do hereby further declare that the Trustees and Executors of this my WILL hereby appointed and to be appointed as hereinafter mentioned and each and every of them and each and every of their heirs Executors and administrators shall be charged and chargeable only for such monies as they respectively shall actually receive by virtue of the Trusts hereby in them reposed notwithstanding their or any of their giving or joining in giving any receipt or receipts for the sake of conformity

And I Direct that none of them shall be answerable or accountable for any Banker or Broker with whom the said Trust monies and premises shall be placed for safe custody or for any default or neglect of the other or others of them or for involuntary losses,

And also that it shall and may be lawful for them and every of them with and out of the monies which shall come to their respective hands by virtue of the Trusts aforesaid to retain and reimburse themselves respectively and also to allow their respective Co Trustees or Co Trustee all cost charges damages expenses and fees to council for advice which they or any of them shall or may sustain expend or disburse in or about the execution of the aforesaid Trusts or in relation thereto;

Provided always and I hereby declare that if either of the Trustees appointed by this my WILL or any Trustee to be appointed under this present provision or any of them or any of their heirs Executors administrators or assigns shall die or be desirous of being discharged from or refuse or decline or be incapable to act in the Trusts hereby in them reposed as aforesaid before the same shall be fully executed then and in every such case It shall and may be lawful to and for the said Trustees or the surviving or continuing Trustee appointed of this my WILL whether he shall accept the Trusts thereof or shall renounce the same or for the Trustees or Surviving or continuing Trustee to be appointed under this present provision or the executors or administrators of such last surviving or continuing Trustee by any Deed or Deeds instrument or instruments in writing to be by them him or her sealed and delivered in the presence of and attested by two or more credible witnesses from time to time nominate and appoint any fit person or persons to be Trustee or Trustees in the room** or place of the Trustees or Trustee so dying or desiring to be discharged or becoming unwilling or incapable to act as aforesaid,

And that when and so often as any new Trustee shall be nominated and appointed as aforesaid all the Trust Estates monies and premises or such of them as shall then be subject to the Trusts and provisions aforesaid which shall have vested in such Trustees or Trustee so dying, desiring to be discharged or become unwilling or incapable to act as aforesaid shall be there upon with all convenient speed conveyed assigned and transferred so and in such manner as that the same shall and may be legally and effectually vested in the person or persons so to be appointed as aforesaid whether solely or jointly with the surviving or continuing Trustee as occasion shall require.

To the uses and upon and for the Trusts intents and purposes herein before expressed and declared or such of them as shall then be subsisting undetermined and capable of taking effect and the person or persons so to be appointed as aforesaid shall have and be entitled to exercise the same powers and authorities as if he or they had been appoint as Trustee or Trustees of this my WILL.

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And I Hereby Revoke all former and other WILLS by me at any time heretofore made and declare this only to be my last WILL and Testament whereof I appoint the said
Charles Norcliff and George Walker joint Trustees and Executors for the purposes thereof.

IN WITNESS whereof I the said Joseph Sugden the Testator ~~have to this my last WILL and Testament~~ have to this my last Will and Testament contained on this and the five proceeding sheets of paper set my hand and to this sixth and last sheet my hand and seal this fifteenth day of January in the year of our Lord one thousand eight hundred and forty seven.

Signed sealed published and declared by the said Joseph Sugden the Testator as and for his last WILL and Testament ( the underlinenation of the word "paying" between the nineteenth and twentieth lines of the second sheet hereof and the erasure of the words "have to this my last WILL and Testament" on the last line but one of the fifth sheet hereof having first been made) in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names at witnesses.------
J.M. Newson, MD. Wakefield J W Westmorland Solicitor Wakefield		Thos. Taylor Solicitor

ROOM of ** legal term for in place of

A memorial of this WILL was registered at Wakefield the twenty fourth day of July Eighteen hundred & fourty seven near three in the afternoon in Book PB Page 639 and number 02

I do hereby certify that on the twenty fifth day of October, in the year of our Lord 1847
Charles Norcliff of Goring House Farm, in the parish of Wakefield, in the county of York Farmer & Malster --- And George Walker of Hunslett in the Parish of Leeds, in the in the county of York, Dyer,
the Executors named in this the last Will and Testiment of Joseph Sugden, late of Wakefield, in the Diocise of York, Innkeeper, Deceased , were sworn well and truly to Execute and preform the same and that the whole of the goods, chattles, and credits of the said deceased, within the diocise of York, do not ammount in value to the sum of Four Hundred and fifty pounds.

Witness my hand J Westmoreland Suregate

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© JCC Glass	Updated 30 april 05

The Will of Joseph Sugden

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The Will of
Joseph Sugden