Will of George Auty - 1832

In the Name of God Amen   I George Auty of Fall Lane Gate in Dewsbury in the County of York Blanket maker make my last Will and Testament as follows
   First I give and bequeath unto my dear Wife Frances All my household Goods and Furniture Sum and Sums of Money and Securities for Money and all other my personal Estate and Effects whatsoever and wheresoever unto and for her own use and benefit absolutely, after first paying thereout my funeral Expenses and the Charges of proving and registering this my Will, and all my just Debts except what is secured on Mortgage of my real Estate, it being my intention that what is secured thereon should be paid out of my real Estate as the primary Fund for that purpose And I charge my real Estate also with the payment of all other my just Debts which my personalty shall prove deficient in paying
   I give and devise unto my said Wife Frances for and during the Term of her natural Life All those my several Messuages Cottages or Dwellinghouses Close or Parcel of Land and Hereditaments situate at Fall Lane in Dewsbury aforesaid and now in the respective tenures or occupations of myself my sons Benjamin and Richard and Mark Rhodes and of Abraham Ellis Subject nevertheless to and I do herby charge the same as the primary Fund for that purpose, with the payment of the Interest of all and every Sum and Sums of Money which shall be secured thereon or on any part thereof by way of Mortgage at the time of my Decease And likewise with the payment of the expenses attending any Transfer or Transfers of such Mortgage or Mortgages if any should become necessary during her Life And from and immediately after her decease I give and devise all the same Messuages Cottages or Dwellinghouses Land and Premises unto my Friends William Bywater of Birstal in the County of York Blanket manufacturer and Joshua Hirst of Murfit Lane in the Parish of Birstal aforesaid Blanket manufacturer and their Heirs Upon trust with all convenient speed there after my decease to sell and dispose of the same Messuages Cottages or Dwellinghouses Close of Land and Premises or any of them or any part thereof either together or in Lots and by public Auction or private Contract as shall seem to my said Trustees most advisable And I will and direct that my said Trustees shall stand possessed of the monies to arise from such Sale or Sales upon the following Trusts, namely Upon trust to divide and pay the same between and among all and every my Children Benjamin, George, Richard, William, John, Sarah, Mary and Susannah, and my Grandson George the Son of my late Son Joseph, or such of them as shall be then living and the Issue of such of them as shall be then dead leaving lawful Issue such Issue, where more than one, taking equally amongst them the Share or Shares their deceased Parent or respective Parents would have been entitled to if living and at the same time Provided nevertheless, and I do hereby will and direct with regard to the share of my said Grandson and such of my said Children being Sons as shall not have attained the age of twenty one years or being Daughters shall not have attained that age or have been married at the time of such Sale or Sales, that my said Trustees or the Survivor of them or the Executors or Administrators of such Survivor shall place the same out at Interest in their or his own Name or Names in the Stocks or Funds or on real Security and stand possessed thereof Upon trust to pay their respective Shares unto my said Children and Grandson as they shall respectively attain the age of twenty one years or being Daughters shall attain that age or be married which shall first happen and in the meantime to pay and apply the Dividends Interest and Proceeds arising from their prospective Shares respectively in their respective maintenance and education
   And in case of the Death of any one or more of my said Children being Sons before their attainment of the age of twenty one years or being Daughters before their attainment of that age and without being married then I direct that the Share of every such Child so dying accruing as well as original shall go to and be equally divided amongst the Survivors or Survivor or others or other of all my said Children and Grandson
   And in order to Facilitate the Sale of my said Messuages Cottages or Dwellinghouses Land and Premises I will and declare that the Receipt or Receipts of my said Trustees or the Survivor of them or his Heirs shall be a sufficient Discharge or sufficient Discharges for the purchase Monies or any part thereof and that after such Receipt or Receipts shall be given the Person or Persons paying the purchase Monies or any part thereof respectively shall not be obliged to see to the application thereof or be responsible for any Loss mis-application or non-application thereof or of any part thereof

   I nominate and appoint the said William Bywater and Joshua Hirst Executors of this my Will
   And I authorize and direct my said Trustees and Executors to retain and reimburse themselves respectively by or out of the Monies which shall or may come to their Hands by virtue of this my will all such Costs Charges Damages and Expenses as they shall respectively bear pay sustain or be put unto in or about the Execution of this my Will or the Trusts thereof And I will and declare that they or either of them shall not be charged or chargable the one for the other of them but only each of them for himself and his own Acts Deeds Neglects and wilful Defaults And that neither of them shall be charged or chargeable with any Sun or Sums of Money other than what shall actually come to their respective Hands by virtue of this my Will not withstanding their joining in any Receipt for the sake of conformity nor for any loss or damage which may happen in the Execution of this my Will or the Trusts aforesaid or otherwise in relation to this my Will without their respective wilful default In witness whereof I have hereunto set my hand and Seal this first Day of April in the year of our Lord one thousand eight hundred and twenty six

Signed sealed and published
by the said George Auty the
Testator as and for his last Will   George Auty   [seal]
and Testament in the presence of
us who in his presence and in the
presence of each other have
subscribed our names as Witnesses
hereto

   William Kirshaw
   John Woodhead
   Cha: Firth

(on a separate page in a different hand is written the following)
I do hereby certify that on the 30 Day of April in the year of our Lord 1832 William Bywater of Birstal in the County of York Blanket maker and Joshua Hirst of Murfit Lane in the Parish of Birstal aforesaid Blanket maker the Executors named in this the last Will and Testament of George Auty late of Fall-lane-gate in the Parish of Dewsbury and Diocese of York Blanket maker deceased were sworn with & 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
      Wm Heald
Sworn under 100      Surrogate
   Exchequer

   Passed 3rd May 1832 und 100l

Died 13 March 1832