Joseph Burrill of Upper Broughton 1853 Will

The National Archives PROB 11/2169/428

Extracted from the Registry of the Prerogative Court of York

In the Name of God I Joseph Burrill of Broughton Sulney in the County of Nottingham late of Masham in the County of York do make my last will and testament as follows

I give to my son William the silver salver and the two portraits which were kindly presented to me by the Parishioners of the Parish of Masham as a testimony of respect and esteem on my removing from Masham where I had been their resident minister nearly half a Century

I also give and devise to my said son William all my messuages lands tenements and premises with their hereditaments and appurtanances whether freehold copyhold or of any other tenure or description situated lying and being with the Townships of Masham Foarby High and Low Bishopside or elsewhere in the County of York

I also give and devise to my said son all my messuages tenements and premises with their hereditaments and appurtenances situated at Chatham in the county of Kent to hold all the said devised premises to him his heirs and assigns for ever

I give and bequeath to my daughter Mary all my household furniture plate linen and china except the articles hereinbefore given to my son William also I give to my said daughter Mary the sum of four thousand pounds stock in the Government three per Cent Consolidated annuities to be transferred to her within one month from my death duty free

I give and bequeath to my son William and my nephew Robert Clarke Marsden the sum of Thirteen thousand five hundred pounds stock on Government three per Cent Consolidated annuities to be transferred to them from stock now standing in my name at the Bank of England with all convenient speed after my decease to hold to them their executors administrators and assigns upon this special trust and confidence nevertheless that is to say that they receive the dividends of the said trust money from time to time as the same shall become payable and I hereby direct my said trustees to pay the dividends arising from four thousand five hundred pounds of the said trust money to my son James for and during his natural life and at his death if he leave a child or children to pay the said sum of four thousand five hundred pounds stock or the proceeds of the sale thereof to the said child or if children to them in equal shares and if the said child or children be then in minority I empower and authorize my said Trustees to apply at their discretion the said dividends towards the support and maintenance of such child or children during minority but if my son James die without issue or all the issue die in minority I direct my said trustees to pay one thousand five hundred pounds of the said Four thousand five hundred pounds stock to my son William or his legal representatives one thousand pounds to my daughter Mary or her legal representatives one thousand pounds in equal shares to Mary Ann James Joseph and John Children of my late son John or their legal representatives and the remaining one thousand pounds part of the said Four thousand five hundred pounds stock I order and direct to remain in my trustees own names at the Bank and make it an additional sum to the trust money hereinafter bequeathed to my said trustees for the benefit of my daughter Elizabeth and her children

And I further direct my trustees to pay the interest or dividends arising from Nine thousand pounds of the trust money to my daughter Elizabeth Glaister for and during the joint lives of my said daughter Elizabeth and of William Glaister her present husband which interest or dividends shall be for her own use and benefit and not subject to the control debts or engagements of her husband and her receipts notwithstanding her coverture shall be sufficient discharges for the same and I will that if my said daughter die in the lifetime of her husband leaving issue I appoint him to be a Cotrustee in conjunction with William Burrill and Robert Clarke Marsden during his natural life and that my trustees William Burrill and Robert Clarke Marsden pay to William Glaister the dividends of the said nine thousand pounds stock to be specifically and solely applied by him at his discretion as to their respective proportions in the real capacity of a trustee towards the maintenance and support of such issue as my said daughter may leave surviving and his receipts … or … discharges to my trustees William Burrill and Robert Clarke Marsden and they shall not be accountable or responsible to the issue of my said daughter for the misapplication of nonapplication of the said dividends by the said William Glaister that shall be considered a subject of account between him and the said issue for whose benefit the dividends are intended to be solely applied by William Glaister and he shall be responsible to the issue for the proper application thereof for their respective benefit And on the death of William Glaister on surviving his wife I direct my trustees William Burrill and Robert Clarke Marsden to pay assign or convey the said trust money of Nine thousand pounds stock or the proceeds of the sale thereof unto and amongst all the said issue in equal shares but if any of the said issue of my daughter Elizabeth die in the lifetime of William Glaister leaving issue of his her or their bodies lawfully begotten In trust to pay assign or transfer the part or share of such deceased child in equal shares to their respective issue and in case of William Glaister my son in law surviving my daughter Elizabeth and dying during the minority of her issue I authorize and direct my trustees William Burrill and Robert Clarke Marsden to apply the interest and dividends to the maintenance and support of such issue as may be in minority in such manner and proportions as they may think proper but notwithstanding these bequests it is my express will and that the trusts hereinbefore created and made respecting my daughter Elizabeth and her issue that if my said daughter survive her husband William Glaister in that case I order and direct my trustees William Burrill and Robert Clarke Marsden to pay transfer or convey the whole of the trust money of nine thousand pounds stock or the proceeds of the sale thereof unto my daughter Elizabeth for her own use and benefit and the before created trusts in … of my said daughter and her issue shall become void and cease

I give and bequeath to my grand daughter Mary Ann daughter of my late son John Burrill the proceeds of Seven hundred and fifty pounds Three per Cent Stock to each of my grandsons James and Joseph Burrill the sons of my late son John the proceeds of Seven hundred and fifty pounds Three per cent stock and I direct the last three legacies to be paid within one month after my death

I give to my grandson John Burrill the brother of the last named legatees Seven hundred and fifty pounds three per Cent stock to be paid to him on his attaining the age of twenty one years with all the dividends or interest which may accrue during his minority from the time of my death

And it is my will that all the Legacies bequeathed by this will be paid clear of legacy duty so that the respective parties to whom it is given may receive the sum bequeathed to them free from legacy tax I direct the said duty to be paid by my executor out of the residue of my estate

I declare it to be my will and meaning that my trustees William Burrill and Robert Clarke Marsden may exercise a discretionary power to call in alter or change any part of the securities of the trust monies for other securities they may think desirable and it is also my will that my trustees shall not be liable to answer or make good any loss or losses that shall or may happen in placing out the trust monies unless the same appear to have happened through wilful neglect and I also further direct that my said trustees shall and may pay and reimburse  himself and themselves respectively out of the trust monies which are given by this my will all reasonable and necessary costs charges and expences they or either of them may have paid and been put unto in or about the trusts hereby in them reposed and also that it shall be lawful for the acting trustee or trustees for the time being of this my will and for the executors or administrators of the surviving trustee from time to time as often as there shall be occasion to appoint any person or persons to supply the place or places of any present or future trustee or trustees of this my will who may die or become unwilling or unable to act in the execution of the aforesaid trusts before the same shall be fully performed and that from and after such appointment the said trust monies and the stocks funds and securities in and upon which the same may be invested may be conveyed assigned and transferred to and in such manner that the same may vest jointly in any new and old trustees or solely in the new trustees as occasion shall require and the said new trustees shall be entitled to all powers and authorities as are hereby given to the trustees hereby appointed

All the Rest Residue and Remainder of my personal estate of what nature or kind soever not herein and hereby disposed of after payment of my debts funeral and testamentary expences the trust monies and legacies hereinbefore given and legacy duty I give and bequeath all the said residue and remainder to my son William to hold to him his executors administrators and assigns

Lastly I nominate constitute and appoint my said son William Burrill sole Executor of this my last will and testament hereby revoking all former will and wills heretofore by me made and do declare this to be my last will and testament the whole being contained on four sheets of paper

In witness whereof I have at the bottom of the three first sheets set my hand and my hand and seal to this fourth and last sheet this eleventh day of February in the year of our Lord one thousand eight hundred and fifty two

                                                                                                                Joseph Burrill

Signed sealed published and declared by the said Joseph Burrill 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 have hereunto subscribed our names as witnesses

Christopher Spence of Broughton Sulney

George Minkley of Melton Mowbray

The Will of The Reverend Joseph Burrill late of Broughton Sulney in the County of Nottingham Clerk Rector of Broughton Sulney aforesaid deceased was Proved at York the twenty eighth day of March in the year of our Lord one thousand eight hundred and fifty three before the Reverend Joseph Salvin Clerk Surrogate of the Right Worshipful Granville Harcourt Vernon Master of Arts Commissary and Keeper general of the Exchequer and Prerogative Court of York lawfully constituted by the oath of William Burrill Esquire the son of the said deceased the sole executor named in the said will to whom admon was granted of all and singular the goods chattels and credits of the said deceased he having been first sworn duly to administer

                                                                                                                Joseph Buckle Deputy Register

Proved at London 2d April 1853 before the Judge by the oath of William Burrill Esquire the son the sole executor to whom admon was granted having been first sworn by Comon only to administer