John Stables of Moorhouse (d.1876)
His Will - Dated 1876
I John Stables of Moorhouse in the County of York Farmer hereby revoke all former Wills by me made & declare this writing to be & contain my last Will & Testament whereof I appoint my sons James Stables & John Henry Stables Executors & Trustees I bequeath to my son James Stables the legacy or sum of Four hundred pounds which he now owes to me on his promissory note of hand & all interest if any which may be then due in respect thereof. I bequeath to my niece Mary Elizabeth Stables the legacy or sum of One hundred pounds I devise the cottage & land at Bramwith now occupied by Henry Smith to my said son John Henry Stables his heirs & assigns for ever And I declare that my said son John Henry Stables is not in debted to me in any sum or sums of money I give devise & bequeath all the residue of my real & leasehold estates whatsoever & wheresoever unto the said James Stables & John Henry Stables their heirs executors & administrators respectively according to the nature & tenure thereof Upon trust to receive & stand possessed of the rents arising therefrom & pay the same during the life of my dear wife Eliza Stables to my said wife & my sons William Bartholomew Stables & Richard Bobbitt Stables in equal shares And immediately upon the death of my said wife I give devise & bequeath my said residuary real & leasehold estates to my said sons William Bartholomew Stables & Richard Bobbitt Stables equally as tenants in common & not as joint tenants I give & bequeath all my furniture & other household effects & my live & dead farming stock tenant right interest & all other my personal estate & effects whatsoever unto the said James Stables & John Henry Stables their executors administrators & assigns Upon the trusts following (that is to say) Upon trust to pay thereout my just debts funeral & testamentary expenses And upon the further trust to continue the occupation of the farm or farms of land I may occupy at my decease & for that purpose to use & employ such part of my personal estate therein as to them my said trustees shall seem reasonable And to convert into money & invest the residue of my personal estate which shall not be used & employed in the carrying on of my said farm or farms of land as aforesaid at interest upon government or real securities in England with power to vary such investments at discretion And upon further trust to pay the income & profit to arise from the carrying on of my said farm or farms & the interest & annual produce of any monies invested pursuant to the trust for that purpose hereinbefore contained during the lifetime of my said wife to my said wife & my said sons William Bartholomew Stables & Richard Bobbitt Stables in equal shares And at the death of my said wife I direct my said trustees to stand possessed of my said live & dead farming stock tenant right interest & personal estate employed in the carrying on of my said farm or farms of land as aforesaid & of all other my said residuary personal estate whatsoever & wheresoever Upon trust for & to assign pay & divide the same unto & between my said sons William Bartholomew Stables & Richard Bobbitt Stables in equal shares & proportions as tenants in common And I declare that my said sons shall respectively take a vested interest in my said personal estate immediately on my death I devise all the real estate vested in me as trustee or mortgagee to the said James Stables & John Henry Stables their heirs & assigns subject to the trusts & equities affecting the same respectively I declare that the receipt & receipts of my said trustees shall effectually exonerate all & every person & persons whomsoever paying money to my said trustees from all liability in respect of the application thereof I empower the trustees or trustee for the time being of my Will (if any) or if none the executors or administrators of the last deceased trustee or either or any of such executors or administrators to nominate in writing any person or persons to supply the place of any trustee or trustees of my Will who shall die disclaim or become unwilling or unable to act when & so often as a vacancy or vacancies shall occur & on every such appointment the necessary assurance shall be executed for vesting my trust estate in the new & old trustees or in the new trustees solely as the case may be And I absolve my said trustees from responsibility for the receipts & defaults of each other & for involuntary losses & particularly from all loss & damage which may happen to or be sustained by my estate & effects by reason or in consequence of the carrying on of my said farm or farms as aforesaid & I also authorize my said trustees to retain & allow to each other all expenses incurred in or about the execution of the trusts of my Will And lastly I declare that the words “my said trustees” herein before contained shall be read & understood to refer to the trustees or trustee for the time being acting in the execution of the trusts of this my Will In witness whereof I have to this & the two preceding sheets hereof set my hand this twelfth day of February one thousand eight hundred & seventy six.
Wits: Beckitt Nicholson Solr. Wath upon Dearne
Tho: Rogers his Clerk