This is the last Will and Testament of me The Reverend John Calvert of Redmire in the parish of Wensley in the County of York clerk made the twentyfifth day of March in the year of our Lord one thousand eight hundred and forty eight.
I give and Devise all that the annual sum or Rent charge of two pounds fourteen shillings and three pence or any other sum or sums of money paid to me from and out of Lands in the parish of Aisgarth in the said County of York and all other my Estate and Interest therein until Ellen Warriner daughter of my niece Elizabeth Warriner her Heirs and Assigns for ever.
I give and Devise to John Barker of Healaugh in the said County of York Esquire and Thomas Other of Bedale in the said County gentleman All my Messuages or Dwellinghouses, Closes or parcels of Land, Hereditaments and Premises with their respective rights, members and appiritenances situate at or within the Town or Township of Redmire aforesaid And all other my real Estate whatsoever and wheresoever to which I or any other person or persons In trust for me am is or are entitled for an Estate of Freehold and Inheritance or of Freehold only or which are of the nature of Copyhold or customary tenure in possession reversion remainder or expectancy or of which I have power to dispose or to appoint by this my Will To Hold the same unto and to the use of the said John Barker and Thomas Other their heirs and assigns according to the nature and quality thereof To the uses upon and for the Trusts intents and purposes and with under and subject to the powers provisoes and declarations hereinafter expressed and declared of and concerning the same (that is to say) Upon Trust to cause a valuation to be made of my said Messuages, Lands and Hereditaments by some competent person or persons And do and shall by sale or Mortgage Demise or other disposition of my said real Estate or of a competent part or parts thereof or by such other ways and means as to my said Trustees shall seem meet raise and levy at the expiration of twelve calendar months next after my decease one equal half part of the Money at which the said Premises shall be valued as aforesaid and upon Trust to pay the said equal half part unto the child or children of my late Nephew William Bruce deceased, my Nephew Thomas Bruce of Manchester and my nieces Dorothy Parkinson, Elizabeth Warriner, Grace Worthington, Mary Drinkwater, Jane Calvert and Alice Calvert in equal shares and proportions their respective executors, administrators and assigns And for facilitating such sale or sales, mortgage or mortgages as aforesaid I declare and direct that the Receipt or Receipts of the said John Barker and Thomas Other or the survivor of them or the executors administrators or assigns of such survivor shall be a sufficient discharge or sufficient discharges for the Purchase or Mortgage monies agreed to be paid or advanced either by way of Purchase or Loan for or upon my said real estate or any part or parts thereof respectively and that the person or persons paying or lending the same his her or their heirs executors administrators or assigns shall not be liable to answer for any loss, misapplication or nonapplication thereof respectively nor liable to ascertain whether such purchase or mortgage money or any part thereof respectively shall or may have been wanted or required to be raised for the purposed of this my Will
And subject to the Trusts hereinbefore thereof declared my said Real Estate shall be In Trust for my Nephew John Stringer his heirs and assigns for ever And I recommend and request that the said John Stringer should take and use the surname of Calvert but I do not mean to annex any condition to the breach or nonperformance of this request or recommendation.
I give and bequeath All my household Goods and Furniture, Plate, Linen and China unto my said Nieces Dorothy Parkinson, Elizabeth Warriner, Grace Worthington, Mary Drinkwater, Jane Calvert and Alice Calvert their executors administrators and assigns in equal shares and proportions.
I give and bequeath all my ready Money and Money due upon securities, stocks, or monies in the public Funds and all other my personal estate not hereinbefore disposed of unto the said John Barker and Thomas Other their executors administrators and assigns In Trust to sell dispose of get in and convert into Money such part thereof as shall not consist of ready Money and thereout in the first place to pay the expenses of my Funeral, the expenses of proving this my Will and all my just Debts
And in the next place to divide the same between and amongst the child or children of the said William Bruce deceased, Thomas Bruce, Dorothy Parkinson, Elizabeth Warriner, Grace Worthington, Mary Drinkwater, Jane Calvert and Alice Calvert their respective executors, administrators or assigns in equal shares and proportions
And I expressley declare and direct that if any of the parties interested in this my Will shall take any measures or proceedings against my said Trustees or either of them or interfere with the management of the said Trust such parties shall forfeit their bequests and be excluded from all benefit arising therefrom.
I Appoint the said John Barker and Thomas Other executors of this my last Will and Testament and I declare that they not be answerable the one for the other of them and by no means for involuntary losses And that they be allowed and may retain all their costs, charges, damages and expenses to be occasioned by the due execution of the Trusts hereby in them reposed. And I declare that if the said John Barker and Thomas Other or either of them shall die or refuse or decline to act in the Trusts of this my Will then a new Trustee or Trustees may be appointed by the surviving or continuing Trustee or the executors or administrators of such surviving or continuing Trustee so refusing or declining to act in the said Trusts And the said Trust Estates securities Monies and premises shall in that case be conveyed and assured so as to be vested in such new and surviving or continuing Trustees or Trustee Upon the same Trusts and with the same powers as are hereinbefore mentioned and declared and so from time to time as often as such case shall happen
And I hereby revoke all my former Wills. In Witness whereof I have hereunto set my hand and seal the day and year first above written.
Whereas since the making of my said Will William Bruce and Elizabeth Warriner therein named have departed this life and it being my Will and Mind that the Sum and Sums of Money and Interest to which the said William Bruce and Elizabeth Warriner would have been entitled in the event of their surviving me should go to and be divided equally between and amongst their respective children or Issue
Now I do therefore hereby give and bequeath all that the part share and interest Legacy or Legacies Sum and Sums of Money given and bequeathed to the said William Bruce and Elizabeth Warriner deceased and of and to which they would have been entitiled under and by virtue of my Will in the event aforesaid unto all and every Child and Children of the said William Bruce deceased and John Warriner and Ellen Bowes (the Son and Daughter of the said Ellizabeth Warriner deceased their respective Executors Administrators and Assigns in equal shares and proportions such Child and Children of the said William Bruce and the said John Warriner and Ellen Bowes to take only the share and Interest under my said Will to which their respective Parents would have been entitled to if living at the time of my decease
And in all other respects I hereby ratify and confirm my said Will and declare this to be a Codicil thereto
In Witness whereof I have hereunto set my hand and seal the third day of February in the year of our Lord one thousand eight hundred and fifty three
This is the First Codicil to the Will of The Revd John Calvert, Clerk, deceased, deposed to by the surviving Executor Thomas Other, Gentleman, therein also named - this 29th day of April 1856 before me the other executor John Barker being deceased. Richard Anderson Surrogate.
Whereas since the making of my said Will Alice Calvert a Legatee therein named hath departed this life and it being my Will and Mind that the Sum or Sums of Money and Interest to which the said Alice Calvert would have been entitled in the event of her surviving me should go to her Niece Mary Clayton the Wife of Thomas Frederick Clayton of Manchester
Now I do therefore hereby give and bequeath All that the part share and interest legacy or legacies sum and sums of money given and bequeathed to the said Alice Calvert and of and to which she would have been entitled under and by virtue of my said Will in the event aforesaid unto her Niece Mary Clayton (she the said Mary Clayton being my Great Niece) her Executors Administrators and Assigns
In all other respects I hereby ratify and confirm my said Will and a Codicil thereto and declare this to be my second codicil to my said Will
In Witness whereof I have hereunto set my hand and seal the Tenth day of April in the year of our Lord One Thousand Eight Hundres and Fifty Five
This is the Second Codicil to the Will of The Revd. John Calvert Clerk deceased deposed to by the surviving executor, Thomas Other, Gentleman, therein also named - the other named executor John Barker Esqr being deceased. This 29th day of April 1856 before me Richard Anderson Surrogate.
Appeared Personally John Warriner of Redmire in the parish of Wensley in the County of York, Farmer and made Oath that he is one of the subscribed Witnesses to the last Will and Testament of the Reverend John Calvert late of Redmire aforesaid, clark, deceased bearing date the twenty fifth day of March in the year of our Lord One Thousand Eight Hundred and forty eight hereunto annexed, and he further made oath that on the twenty fifth day of March 1848 aforesaid, the said John Calvert duly executed his said Will by signing his name opposite a seal at the foot or end thereof in the presence of this Deponent and of William Lambert the other subscribed witness thereto, all three of whom were present at one and the same time, and this Deponent and the said William Lambert thereupon attested and subscribed the said Will in the presence of the Testator and of each other.
Sworn at Richmond in the County of York the 8th day of Mary 1856
Thomas Other - the surviving executor in this will with two codicils named was sworn in common form and he further made oath that the personal estate and effects of the Testator within the archdeaconry of Richmond were under the value of Fifteen Hundred Pounds - the other executor John Barker Esqr this will named being dead.
Before me Richard Anderson, Surrogate
The Testator died on the 14th day of February 1856