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The Liston-Smith Genealogy Pages

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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.

 

 

  

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