Will of Benjamin Auty - 1833

This is the last Will and Testament of me Benjamin Auty of Daw Green in the parish of Dewsbury in the County of York Blanket Maker which I hereby make in manner following (that is to say) In the first part I will and direct that all my just Debts Funeral Expenses and the Charges of proving registering and Courting this my Will be duly paid and satisfied by my Executors as soon as possible after my decease. And in the next part I give and bequeath the use and enjoyment of such parts of my household Furniture and other Household Effects unto my Dear Wife Sarah as she may think proper to take during her natural Life provided she shall so long continue my Widow. And from and immediately after her Death or her happening to marry again then I give and bequeath all the said Household Furniture and Effects unto and equally between and amongst my Son Francis, Daughter Mary and my Grandson Daniel for their own absolute benefit. And I give and bequeath unto my Son Francis Auty and my Brother in Law Benjamin Auty of Daw Green aforesaid Blanket Maker their Executors Administrators and Assigns. All the rest residue and remainder of my Personal Estate and Effects whatsoever and wheresoever Upon Trust to convert such part of it into money, as shall not consist of Money at the time of my decease, and after payment of all my Debts and other charges and Expenses, to invest the same out on Mortgage or other good Security. And to receive and pay half yearly the Interest and proceeds thereof unto my said Wife (towards the maintenance and support of herself, my Daughter Mary and the bringing up of my Grandson Daniel until he shall attain the age of twelve years, when I direct him to be put out apprentice) during the natural Life of my said wife, provided she shall so long continue my widow, but not otherwise. And should the Interest of such residue and the rents of my real Estate be insufficient to support my said Wife and Daughter and bring up my said Grandson to the age aforesaid, then I do hereby give full power and Authority to my said Trustees to call in and apply to their uses and benefits such part of the principle Sum or Sums so to be put out at Interest, as in the discretion of my said Trustees or the Survivor of them or his Executors Administrators or Assigns, shall be thought expedient or necessary. And from and immediately after the Death or second Marriage of my said

(in left margin)
Witness
Elliot Carrett
Thos Walker
Ann Milner

Benjamin X Auty (his mark)
1

Wife then Upon Trust to call in the said principal Monies constituting the said residue then remaining and to divide the same into three equal parts or shares, and to pay one-third part or share thereof unto my said Son Francis his Executors Administrators or Assigns for his or their absolute benefit, one other third part or share thereof unto my said Grandson Daniel his Executors Administrators or assigns for his or their absolute benefit, And to place or continue out at Interest on good Security the remaining one-third part or share thereof Upon Trust to receive and apply the Interest and proceeds thereof in and towards the maintenance and support of my said Daughter Mary during her natural Life at such times and in such manner as to my said Trustees may be thought most advisable or beneficial to my Said Daughter. And from and immediately after the Death of my said Daughter then Upon Trust to call in such third part or share, and divide the same into three equal parts or shares and pay two-thirds parts thereof, unto my said Son Francis his Executors Administrators or Assigns for his or their absolute benefit and the remaining one-third part thereof unto my said Grandson Daniel his Executors Administrators or Assigns for his or their absolute benefit. And I give and devise unto my said Wife Sarah and her Assigns All Those my Freehold Dwellinghouses situated at Daw Green aforesaid with the Garden and Appurtenances belonging thereto now in the possession of myself and my Tenants Richard Crawshaw Junior and John Crowther. And all those my two Copyhold or Customary Dewllinghouses situated at Earlsheaton in the parish of Dewsbury aforesaid with the Stable Frontstead and Appurtenances thereto belonging now in the tenure or occupation of James Exley and Richard Mason. To hold the same unto my said Wife and her Assigns for and during the term of her natural Life (without impeachment of waste) provided she shall so long continue my Widow, but not otherwise. And from and immediately after the Death or second Marriage of my said Wife, then I give and devise All those my said three freehold houses Garden and Appurtenances at Daw Green aforesaid unto and to the use of my said son Francis Auty his Heirs and Assigns for ever. Subject nevertheless to the payment by my said Son Francis his Heirs or Assigns unto my Grandson Daniel Auty his Executors Administrators or Assigns of the Sum of One Hundred and five pounds of lawful English Money immediately upon attaining the age of twenty four years to

(in left margin)
Witness
Elliot Carrett
Thos Walker
Ann Milner

Benjamin X Aut (his mark)
2

whom I give and bequeath the same. Provided my said Son Francis shall then be in receipt of the rents of the said lastmentioned Hereditaments and Premises, but if not; then the said Sum to be paid as soon after as my said Son Francis shall be in the actual receipt of such rents and my said Grandson shall have attained that age. And from and immediately after the Death or second Marriage of my said Wife then I give and devise All those my said two Copyhold or Customary Houses Stable Frontstead and Appurtenances at Earlsheaton aforesaid unto my said Son Francis Auty his Heirs and Assigns for and during the term of the natural Life of my said Daughter Mary Upon Trust to receive and apply the rents issues and profits thereof in and towards the maintenance and support of my said Daughter during her natural Life. And from and immediately after the Death or second Marriage of my said Wife and also after the Death of my said daughter, then I give and devise All those my said two last mentioned Copyhold or Customary Houses Stable Frontstead and Appurtenances unto and to the use of my said son Francis Auty his Heirs and Assigns for ever. And I do hereby nominate and appoint my said Son Francis Auty and my said Brother in Law Benjamin Auty joint Executors of this my Will hereby revoking all former and other Wills by me heretofor made I publish and declare these presents only to be and contain my Last Will and Testament. Provided always and my Will is that my said Trustees and Executors shall and may at all times in the first place reimburse and indemnify and deduct and retain to themselves and himself out of the said Trust Monies and Effects all such Costs Charges Damages and Expences that they or he may be at or put unto in the due execution of this my Will. And that they or he shall not be answerable for any Loss which may happen to any of the said Trust Monies or Effects unless same happen through their or his wilful neglect or default. Nor for any Loss which may happen by reason of depositing any of the said Trust Monies in the hands of any public Banker. In witness whereof I the said Testator Benjamin Auty have to this my Will written on three Sheets of paper, set my hand to the Bottom of the two proceeding Sheets and my Hand and Seal to this third and last Sheet this Twenty eighth day of November in the year of our Lord one thousand eight hundred and thirty two

Benjamin X Auty(his mark and seal)

Signed sealed published and declared by the said Testator Benjamin
Auty as and for his Last Will and Testament in the presence of Us
who in his presence, at his request and in the presence of each
other have subscribed our Names as Witnesses hereto
Elliot Carrett
Thos Walker
Ann Milner

3

(on a separate sheet in a different hand is the following)
I do hereby certify that on the 27th Day of April in the year of our Lord 1833, Francis Auty of Daw Green in the Parish of Dewsbury in the County of York, Clothier, the Son and Benjamin Auty of the same Place, Clothier, the Brother in Law the joint Executors named in this the last Will and Testament of Benjamin Auty, late of Daw Green aforesaid in the Diocese of York, Blanket Maker, deceased, were sworn well and truly to execute and perform the same, and that the whole of the goods, chattels and credits of the said deceased, within the Diocese of York, do not amount in value to the Sum of One Hundred Pounds
Witness my Hand
Samuel Sharp
Surrogate

Sworn under 100
Exchequer
Died 26th Decr 1832
Passed 24th May 1833 under 100l