Transcribed as
written…
This is the last Will and
Testament of me Joseph Matkin the Elder of the City of Lincoln Painter which I
make in manner following that is to say, I give and bequeath unto my Daughers
Jane and Georgina Matkin All the Household Furniture Plate Linen China
Clays Earthenware Books and Pictures of which I shall die ? To hold to them
any said Daughters equally between them share and share alike to and for their
own use and benefit absolutely. And as
to the Real Estate of which I shall die seized or to which at the time of my
death I shall be entitled in any manner either in ? ? ? or expediency or over
which I have any disposing power. And also as to all and singular the cest ?
and ? of the personal Estate and Effects of which I shall die ? or to which I
shall be entitled in any manner as well in ? as in ? or expediency under Will
of William Ellis late of Cherry Willingham in the County of Lincoln deceased
and whatsoever nature the same shall consist wheresoever the same may be I give
devise and bequeath the said Real and Residuary Personal Estate and Effects
unto Charles Marshall of the City of Lincoln Plumber and Glazier and William
Pask of the same City Livery Stable Keeper To hold to them the said Charles
Marshall and William Pask or the Survivor of them or the heirs executor or
administrators of such Survivors according to the ? of the same Estates
respectively upon the Trusts and to and for the ends intents and purposes and
under and subject to the Powers ? Conditions and Declarations in this my Will
hereinafter contained of and concerning the same (that is to say) Upon Trust as
to my said Real Estate that they my said Trustees or the survivor of them his
heirs executors or administrators do and shall as soon as conveniently may be
after my decease sell the same either by Public Auction or Private Contract as
to them or the Survivors his heirs executors or administrators shall seem best
or most expedient And do and shall receive the Monies to arise from or be
produced by such Sale or Sales and stand pofsefsed [sic] of such money upon the Trusts and for
the ends ? and purposes hereinafter by this my Will directed and declared And
as to my said Residuary Personal Estate and Effects I do hereby direct and
declare that my said Trustees or the Survivor his executors or administrators
do and shall stand pofsefsed thereof upon Trust as soon as conveniently may be
after my death to sell and convert into money all such parts thereof as do not
consist of Money or Securities for money and do and shall collect and get in
all debts due and owing to me at the time of my decease And from immediately
after such sale and conversion of my said residuary Personal Estate as shall
not consist of money and Securities for money and the getting in of my said
debts my will is and I do hereby direct and declare that my said Trustees or
the Survivor of them in executors or administrators do and shall stand
pofsefsed of the monies which shall or may have been received by them or him
his executors or administrators from the sale or sales of my said Real Estate
as well as the Monies which shall come to the hands or hand of them or him his
executors or administrators by the sale or conversion of my said residuary
Personal Estate and the getting in of my debts and also all other monies and
Effects belonging or relating to my said residuary personal Estate Upon Trust
that they my said Trustees and the Survivor of them his executors or
administrators do and shall in the first place pay out of the aforesaid Monies
all my just debts including therein the sum of Two hundred pounds in which I am
indebted to Mrs Millicent Dewry of the City of Lincoln Widow and which sum is
secured to her by the joint and several ? Note of myself, my son in Law Mr John
Smith of Bradford in the County of York Engineer and my son Joseph together
with all such interest as may be due thereon and shall also pay thereout my
Funeral Expenses, the Costs and Charges of providing this my Will and also the
reasonable Costs and Expenses necessary and attendant upon the Sale and
conversion of my said Real and residuary Personal Estate and the getting in of
my Debts as aforesaid. And as to the Surplus which shall remain after such
payments made as aforesaid that they my said Trustees or the Survivor his executor
or administrators do and shall divide and pay such surplus unto and amongst my
Children John George Matkin, Charles Matkin, George William Matkin and Joseph
Matkin, Sarah the wife of the said John smith of Bradford Engineer and Jane
Matkin and Georgina Matkin in equal parts shares and proportions share and
share alike. And I direct that the respective shares of and in the said Trust
monies and premises of my said Sons John George, Charles, and Joseph and my
daughters Jane and Georgina shall be paid to them respectively or to their
respective executors or administrators absolutely but that the respective
shares of my said daughter Sarah the wife of the said John Smith and my said
son George William shall be retained and held by my said Trustees or the survivor
his executors or administrators upon the Trusts and to and for the ends intents
and purposes hereinafter by this my Will declared touching such last mentioned
Shares (that is to say) As to the share of my said Daughter the said Sarah the
Wife of the said John Smith upon Trust that they my said Trustees or the
Survivors his executors or administrators do and shall lay out and invest such
share in their or his names or name either in the Parliamentary Stocks or
Public Funds of Great Britain or at Interest on Real Securities in England and
do and shall from time to time alter vary and transpose the said Securities as
there shall be occasion at their or his discretion. And upon further Trust that
they my said Trustees or the Survivors his executors or administrators do and
shall yearly and every year receive and take the Dividends Interest or annual
proceeds of the Share of my said Daughter Sarah as and when the same shall
become payable and when as soon and as often as they or by his executors or
administrators shall receive such Dividends interest or annual proceeds that
they or by his executors or administrators do and shall pay such Dividends
Interest or annual proceeds either into the hands of my said Daughter Sarah the
Wife of the said John Smith or otherwise as she may direct for and decring the
term of her natural life and I do hereby
declare that the benefit of my said Daughter Sarah alone shall be a good and
sufficient discharge to my said Trustees for the said Dividends Interest or
Annual Proceeds it being my will as I do hereby declare and direct that such
Dividends Interest or annual Proceeds shall be paid to and received by her for
the sole and exclusive use and benefit during her life independent of her
present or any future Husband and that the same shall not be subject to the
control of or liable to the Debts Contracts or Engagements of the present or
any future Husband of my said Daughter Sarah. And from and after her decease
Then upon Trust that they my said
Trustees or the Survivors his executors or administrators do and shall pay ?
transfer or otherwise dispose of all and singular the said share of my said
Daughter Sarah so be invested as aforesaid and the Dividends Interest and
Annual proceeds thereof unto and amongst all and every Child or Children of the
said Sarah Smith (that is to say) to such of them being a son or Sons at the
age of twenty one years or being a Daughter or Daughters at that age or day or
respective days of marriage which
respectively shall first happen after the decease of my said Daughter Sarah
Smith Provided and I do hereby will and direct that in case any child of my
said Daughter Sarah Smith shall happen to die leaving Spouse before his or her
Share shall under this my Will become payable. Then I direct that the Share of
any such child so dying as aforesaid shall be paid unto the spouse of such
deceased Child if more than one share and share alike. Provided also and I do
hereby declare that if any Child of any said Daughter Sarah Smith being a
Daughter shall die before she shall attain the age of twenty one years or be
married or being a Son shall deceased this life under the age of twenty one
years without leaving lawful spouse Then and in such case I do herby direct
that the Share hereby provided for every such child shall from time to time go
? and belong to the Survivors or Survivor and others or other of the said
Children and shall be paid and divided between and amongst them if more than
one and become vested and paid and payable to him her or their original share
or shares respectively And as to the Share of my said son George William Matkin
of and in the aforesaid Surplus monies It is my Will and I do hereby direct
that the same shall be retained and held by my said Trustees or the Survivors
his executors or administrators Upon Trust that they my said Trustees or the
Survivors his executors or administrators do and shall lay out and invest the
same share in their or his names or name either in the Parliamentary Stocks or
Public Funds of Great Britain or at Interest on Real Securities in England and
do and shall from time to time alter vary and transfer the said Security or
Securities as occasion shall require at their or his discretion And upon
further Trust that they my said Trustees or the Survivors his executors or
administrators do and shall yearly and every year receive and take the
Dividends interest or Annual Proceeds of the said share of any said Son George
William as and when the same shall become payable and do and shall when and as
soon and as often as they or he his executors or administrators shall receive
such Dividends Interest and Annual Proceeds pay the same to my said Son George
William for and during the term of his natural life and from and after his
decease in case the Wife of my said Son George William survive him Then do and
shall pay such Dividends Interest and Annual Proceeds to the Wife of my said
Son George William during the term of her natural life provided she continues
his Widow sole and unmarried but if she marries after the death of my said Son
George William then from and immediately after such Marriage I direct that such
Dividends Interest and Annual Proceeds shall be no longer payable ? paid to her
and from and after the decease or marrying again of the Wife of my said Son
George William in case she shall survive him Then upon Trust that they my said
Trustees or the Survivor his executors or administrators do and shall pay apply
transfer or otherwise dispose of all and singular the said share of my said Son
George William so to be invested as last aforesaid and the Dividends Interest
and Annual Proceeds thereof unto and amongst all and every Child or Children of
my said Son George William (that is to say) to such of them being a Son or Sons
at the age of twenty one years or being a Daughter or Daughters at that age or
day or respective days of marriage which respectively shall first happen after
the decease of the Survivor of my said Son George William and his wife or the
marrying again of his said wife in case she shall survive him Provided and I do
hereby will and direct that in case any Child of my said Son George William
shall happen to die leaving Spouse before his or her share shall under this my
Will become payable Then I direct that the Share of any such Child so dying as
aforesaid shall be paid unto the Spouse of such deceased Child if more than one
share and share alike Provided also and I do hereby declare that if any Child
of my said Son George William being a Daughter shall die before she shall
attain the age of twenty one years or be married or being a Son shall ? this
life under the age of twenty one years without leaving lawful Spouse Then and
in such case I do hereby direct that the Share hereby provided for every such
Child shall from time to time go accrue and belong to the Survivors or
Survivors and others or other of the said Children and shall be paid and
divided between and amongst them if more than one and become vested and paid
and payable to him her or them at such age and in such manner as is
hereinbefore directed concerning his her or their original Share or Shares
respectively And whereas I have not by this my Will given or bequeathed any
portion of my said Estate and Effects to my Daughter Mary the Wife of John
Speed Now I do beg her to believe that it is not from any want of affection for
her that I have omitted to do so for I have as great a love for her as for my
other Children but I declare that the reason why I have not given her an equal
Share in my property with her Brothers and Sisters is that I consider she has
been well provided for under the Will of Mr William Ellis late of Cherry
Willingham deceased Provided and I do hereby declare that the receipt or
receipts in wielding of my said Trustees or the Survivor of them his executors
or administrators shall be a good and sufficient discharge or good and
sufficient discharges for such monies paid to them or him shall in any way come
to their or his hands or hand under the Trusts of this my Will as in such
receipt or receipts shall be ? or acknowledged to be received And that the
person or persons paying such monies his her or their heirs executors
administrators or ? shall not afterwards be obliged to see to the application
of such monies nor answerable for the misafiflication [sic] or non application
thereof Provided also and it is my Will that my said Trustees and the Survivor
his heirs executors or administrators shall be charged and chargeable only for
such monies as they or he shall respectively actually receive by virtue of the
Trusts hereby in them or him exposed nor shall they or he be answerable or
accountable for any Banker Broker or other person with whom or in whose hands
any part of the Trust monies shall or may be deposited or lodged for safe
custody or otherwise in the executors of any of the Trusts hereafore mentioned nor shall they or either of them be
answerable or accountable for the insufficiency or deficiency of any Security
or Securities Stocks or Funds in or upon which the said Trust monies or any part
thereof shall be placed out or invested or for any other loss which may happen
to the aforesaid Trust monies and premises except such loss shall happen by or
through their or his own wilful neglect or default And that the one of them
shall not be answerable for the acts deeds neglects or defaults of the other of
them but that each shall be answerable for his own acts deeds neglects or
defaults only And also that my said Trustees and the Survivor his heirs
executors and administrators shall and may by and out of the Monies which shall
or may come unto their or his hands or hand by virtue of the aforesaid Trusts
retain to and reimburse themselves and himself all cost charges damages and
expenses which they or he or any or either of them shall or may suffer sustain
expend disburse or be fed unto in or about the executor of the Trusts of this
my Will in them exposed or in relation thereto And I do hereby appoint the said
Charles Marshall and William Pask joint executors of this my Will and hereby
revoking all other Wills by me at any time heretofore made I do declare this to
be my last Will and Testament In ? whereof I the said Joseph Matkin the Elder
the Testator have to each of the six sheets of this my last Will and Testament
subscribed my hand this twenty fourth day of January in the year of our Lord
one thousand eight hundred and forty eight.
Joseph
Matkin
? and declared by the said
Joseph Matkin the Elder as and for his last Will and Testament in the presence
of us who being ? at the same time thereupon respectively in ? and at his
request and in the presence of ? have hereunto subscribed our names as
Witnesses.
Ellen Pask of No. 12 Backley Street Lincoln Spinster
? Henry Williams Solicitor Lincoln
On the thirteenth day of
August in the year of our Lord one thousand eight hundred and fifty Charles
Marshall and William Pask the Executors within named were duly sworn and also
made oath that the whole of the personal estate and effects of the deceased at
the time of his death did not amount in value to the sum of three thousand
pounds
The Testator died on the thirteenth day of July 1850.