This
is the last Will and Testament of me Jane Hemingway of Sandal Magna in the
County of York Spinster. Whereby first
I will and direct that all my just Debts funeral and Testamentary Expenses be paid
and discharged by my Executors hereinafter named. And I give and bequeath unto my nephew Edward Hemingway of Leeds
in the County of York Gentleman and Thomas Foljambe and Benjamin Dixon both of
Wakefield in the said County, Gentlemen their Executors Administrators and
Assigns. All and every my Goods and
Chattels Monies and Securities for money, personal Estate and Effects
whatsoever and wheresoever and of what nature or kind soever. Upon Trust as soon as conveniently may be
after my Decease to sell and dispose of, call in, receive and convert into
ready money such part of my said Personal Estate and Effects as shall not then
be in Specie and invest and place out the same upon Government real or
satisfactory personal Securities ay Interest, or in the purchase of Stock in
any of the Public Funds, and to alter and transfer the same from time to time
to new or other Funds or Securities of the like nature and as often as to my
said Trustees or Trustee for the time being shall seem meet. And upon further Trust to pay the Interest
Dividends and annual Proceeds therefrom as the same shall from time to time be
received unto my Sister Ellen Hemingway for and during the Term of her natural
life for her own use and benefit. And
upon further Trust that they my said Trustees and the Survivor of them and the
Executors and Administrators of such Survivor do and shall from time to time
during the life of my said Sister Ellen, upon her request and if her
circumstances be such as to render it necessary and in such Portions as they in
their discretion shall think fit pay and apply the whole or any part of the
said Principal Trust monies for and towards the better support and maintenance
of my said Sister. It being my
Intention that the whole of the said Principal Trust monies shall be applied
and disposed of for the benefit of my said Sister in the event of her Situation
and Circumstance requiring the same.
And from and after the Decease of my said Sister Then as to the said
Trust monies or such part thereof as shall be unapplied and undisposed of for
the benefit of my said Sister as aforesaid.
And also as to all and every the Household Goods and Furniture Plate
Linen and China which on the Death of my said Sister I shall become entitled to
under the Will of my late Mother deceased.
Upon Trust to pay and apply and dispose of the same in manner following
that is to say, Upon Trust by and out of the Interest Dividends and annual
Proceeds of the said principal Investments to pay to my Sister-in-Law Jane
Hemingway the Widow of my late Brother John Hemingway or to her assigns during
her life the Annuity or yearly sum of Five Pounds, And to George Smith and
Rebecca his wife and to the Survivors of them during his or her Life the
Annuity or yearly sum of Two Pounds both which said Annuities I will shall be
paid free from all Taxes and Assessments whatsoever by two equal half yearly
payments in the year, the first half yearly payment thereof to begin and be
made at the expiration of Six Calendar Months next after the Decease of my said
Sister Ellen, And upon further Trust by and out of the said Trust monies if the
same shall prove sufficient, to pay the following Legacies which I hereby give
and bequeath to the respective Legatees accordingly, namely, To each of my
Nephews John Watson Hemingway and John Rogers Hemingway Two pounds apiece, To
each of my Nephews Edward Hemingway and Joseph Hemingway Five Pounds a piece,
To my Nephew and Godson Jeremiah Shepley Hemingway and to my Niece Anne
Hemingway and niece and Goddaughter Ann the wife of Arthur Lupton Ten Pounds
apiece, and to my said Trustees and Executors Ten Pounds apiece, And to each of
my Trustees and Executors above named if they take themselves the burthen of
the Execution of the Trusts of this my will the sum of five pounds a piece.
All which said
Legacies I will shall be paid within six Calendar Months next after the Decease
of my said Sister Ellen, And I do hereby declare it to be my Will and Mind that
if the Trust monies aforesaid (exclusive of the Fund necessary for producing
the said Annuities of Five Pounds and Two Pounds respectively) shall be
insufficient to pay the whole of the said several Legacies, Then I direct that
the Legatees shall abate proportionately and that immediately after the Decease
of my said Sister in Law Jane Hemingway and the Survivor of them the said
George Smith and Rebecca his wife my said Trustees and Executors shall apply so
much of the said Annuity Funds as shall be necessary, in payment of the said
Legacies or in making good the deficiency as the case may be, And as to the
said Trust monies or Fund to be set apart for the payment of the said Annuities
and also as to the residue of the said Trust monies. And as to the said Household Goods and Furniture Plate, Linen and
China which on the Death of my said Sister I shall become entitled to as
aforesaid, and also as to all other my Estate and Effects whatsoever not
hereinbefore disposed of after payment of the said several Legacies and
Annuities and subject thereto Upon Trust to pay and divide the same unto
equally between my two nieces Jane Hemingway and Charlotte Hemingway the
daughters of my late Brother, John Hemingway their Executors or Administrators
and Assigns to whom I hereby give and bequeath the same accordingly Provided
always and I do hereby will and direct that it shall be lawful for my Trustees
or Trustee for the time being to deduct and retain to themselves out of the
aforesaid Trust monies all such Sums of money Costs Charges and Expenses as
they or any of them shall pay expend or be put unto by reason of their acting
as Trustees or Executors of this my Will and that they shall not be accountable
for or obliged to make good any Sums of money which shall be by them placed out
at Interest or which shall be lost without their wilful default nor the one for
the other or others of them or for the Acts or Deeds of each other but each of
them only for his own Acts and Deeds, nor any of them for more money than he or
they shall respectively actually receive, And hereby revoking all Former and
other Wills by me heretofore made I publish and declare this only to be my last
Will and Testament and thereof appoint my said Nephew Edward Hemingway and the
said Thomas Foljambe and Benjamin Dixon joint Executors.
In Witness
thereof I have hereunto set my Hand and Seal the thirtieth day of January One
thousand eight hundred and nineteen.
Signed and sealed by the abovenamed
Jane Hemingway (the Testarix) and by her
published and declared to be and contain
her last will and Testament in
the Jane
Hemingway
presence of us who in her and each
others (Signed)
presence and at her request have hereunto
subscribed our names as Witnesses
John Firth of Sandal, Schoolmaster
Peter Johnson of Sandal Innkeeper
[Notes on an
additional page indicate that the value was under £450 and that Jane Hemingway
died 27 October 1822. They also
indicate that Edward Hemingway of Leeds, Gentleman, the nephew and an Executor
proved the Will]
[Copy of Will
supplied and transcribed by Ron Hemingway with editing and corrections by
Maurice Hemingway]