The Will of Hannah Oldale 1821

Note: I have a Photo-copy of the original in my files

THIS IS THE LAST WILL AND TESTAMENT of me HANNAH OLDALE of Sheffield in the County of York. Widow thereby I revoke all former wills by me made. I give and devise all my real and personal estates and Effects whatsoever and wheresoever including all of which I have power to make disposition unto my nephews Thomas Ellin the younger and William Ellin to hold to them their heirs executors administators and assigns according to the different natures thereof respectively absolutely and for ever, But nevertheless upon the trusts following, that is to say, Upon Trust that they the said Thomas Ellin and William Ellin or the survivor of them his heirs executors or administrators shall and do as soon as conveniently may be after my decease sell and absolutely dispose of my said real estate either by public auction or private contract for the best price or prices in money that can be reasonably obtained for the same and also sell and convert into money my personal Estate and call in all debts owing to me and I declare that the recepit and receipts of my said trustees or trustee for the time being for the money which the same real Estate shall be sold or other money which shall come to their or his hands under this my will or for so much as shall be therein expressed to be received shall always be a sufficient discharge to the person or persons paying the same who shall not be liable to see the application of such purchase or other Money or be answerable for the Loss Misapplication or Nonapplication thereof and I do direct that my said trustee or trustees for the time being shall and do stand possessed of the Monies arising from or composing my said real and personal Estates and Effects Upon Trust in the first place to pay thereout my Just debts and the charges and expenses of and attending my funeral and the proving of this my will and in the next place upon Trust to pay and divide the residue of the same Trust Monies unto between and amongst my children Mary the Widow of Joseph Thompson Ann the wife of Thomas Ellin Sarah the wife of Georgius Barber John Oldale Elizabeth the wife of Joseph Cutts and Martha the wife of John Howden and the children of my late daughter Hannah Ingall in equal shares except only that the children of my said late Daughter Hannah Ingall shall only have equally between or among them if more than one a share equal to that of any other of the Parties lastly named Provided that if any of my said children or the children of my said late daughter shall die before the said Monies shall become divisible leaving issue such issue in each case if more than one child in equal shares shall have and take the share to which his her or their respective Parent would have been entitled if living but that if any of them shall so die but without leaving issue the share or shares of any so dying as lastly mentioned shall go and be paid to and between and among the other of my said children and the said children of my said late daughter and their respective issue in proportion to their respective original shares and so again from time to time as often as the last mentioned case shall happen Provided further that the share or respective shares of the said Children of my said late daughter or any(?) of them shall not be paid until the youngest of them for the time being shall attain his or her age of twenty one years but that in the meantime and until that Event the whole of the annual Income and produce arising from such share or shares or a competent Part thereof shall be paid and applied for or towards the Maintenance and education or otherwise for the benefit of such of the same children as for the time being shall be under the said age of twenty one years and the residue thereof if any be from time to time invested and added to the principal of such shares or shares in the way of accumulation and for the equal benefit of such of the same children or their issue among whom it shall ultimately become divisible as above mentioned And Moreover that the share or shares of any of my said children or their issue as may be under the age of twenty one years when the said Monies shall become divisible shall not be paid to him or them until he she or they respectiely shall have attained that age but that the annual income and produce of such share or shares shall in the meantime be paid or applied for the Maintenance and education or otherwise for the benefit of the person or persons to whom the same shall respectively belong Provided always and it is my Will and I do hereby authorise and empower my said Trustees or Trustee for the time being and require them or him for the space of seven years after my decease to forebear drawing out my share or Interest of and in the trade and business in which I an concerned with Mr. Thomas Ellin and others but to continue the same in such trade and business during that Period for the benefit or to the loss as the case may be of the Person or Persons entitled to such Money under and by virtue of this my Will the dividends or income to arise from my share of such trade during the Period of the Money being so continued in the same and from every other Part of my Estates and Effects until the same shall be fully paid and dividend as above mentioned being hereby directed to be paid and applied for the benefit of the Person or Persons entitled to the stock or principal thereof under this my Will in the Proportions in which he or they shall be severally so entitled And I do hereby appoint my said Trustees the said Thomas Ellin Junior and William Ellin Executors also of this my Will and direct that they my said Trustees and Executors shall not be answerable the one for the other of them but each for his own respective heirs executors and administrators and his and their own acts deeds receipts Neglects and wilful defaults only nor shall either of them be accountable for any loss which may happen to my said Estates and Effects in continuing or carrying on the aforesaid Partnership trade or business or by reason of the failure of any security or securities whereon the same or any Part thereof may be invested or otherwise so that the same happen without his wilful Neglect or default and also that they shall and respectively reimburse themselves and himself all such costs charges and expences(!) as they may reasonably expend or be put unto in or about the execution of this my Will or the Trusts therof In Witness whereof I the said Hannah Oldale the testabrix have to this my last Will and Testament contained in this and the two preceding sheets of Paper set my hand and Seal that is to say my hand to the two preceding sheets and my hand and seal to this the third and last sheet this Nineteenth day of February in the Year of our Lord Christ One Thousand eight hundred and twenty three ------ Hannah X Oldale her Mark and Seal O ---- Signed sealed published and declared by the said Hannah Oldale the testabrix as and for her last Will and Testament in the presence of us who at her request and in her presence and in the presence of each other have hereunto subscribed our Names as Witnesses -- James Wilson -- Thos. Pierson -- Christr. Alderson --

In the Name of God Amen, Proof of the Will to these Presents annexed being admitted before the Reverend Thomas Sutton Clerk to our lawful Surrogate We, GRANVILLE VENABLES VERNON , Master of Arts, Commisary of the Exchequer Court of the most Reverend Father in God, EDWARD, by Divine Providence Lord Archbishop of York, Primate of England, and Metropolitan, do approve of and Register the same, and do pronounce, decree, and declare for the validity thereof, and we do fully, in the Lord, by these Presents, commit and grant Administration of all and Singular the Goods, Rights, Credits, Cattles, and Chattels of Hannah Oldale late of Sheffield in the Diocese of York Widow deceased, which were in her lifetime, and at her death, within the Diocese and Jurisdiction of York, aforesaid, to Thomas Ellin the younger and William Ellin the Executors in the said Will named, having first before our said Surrogate taken the Oath according to Law in that Case required, (saving any other Person's Right.) Given at York, under the Seal of our said Office, this fourth Day of December in the Year of our Lord One Thousand Eight Hundred and Twenty Three