Description

1. Will [6 pages] dated 5 September 1856
Nominates John Gilbert Hains of Longtown, Trustee and Executor, to whom all real and personal estate is given in trust, to be sold.
The trustee is to make an inventory of all furniture, plate, linen and china and to permit wife, Sarah, to have the use of it for her lifetime.
All money received from the sale of the estate together with money from securities etc. is to be used to pay debts, funeral and testamentary expenses. The balance is to be invested in the trustee's name to maximise the value and income. Dividends and income is to be paid to wife Sarah for her lifetime.
On Sarah's death the furniture, plate etc. together with £150 is to go to daughter, Mary Lilwall , for her sole and absolute use and benefit and not subject to the debts, control or arrangements of any husband.
To son, Henry Lilwall, £10.
On the death of wife Sarah, the trustee is to divide the residuary trust into two. The income from the first half is to be paid to daughter, Sarah now wife of Thomas Jones for her sole use and benefit etc. and on her death this half of the trust is to be used for the benefit of her children. The capital portion to be divided between them; the boys at 21 and the girls at 21 or at marriage whichever is the earlier. In the meantime the income to be used for the childrens' education and maintenance.
The second half of the residuary trust is to be, similarly, for the benefit of daughter Jane, wife of James Edwards of Longtown, farmer and her children. And to operate as above.

[There are long legalistic sections of this will concerning the rights responsibilities and discretion of the trustee to make investments. Also directions about to whom the income and dividend can be paid, the implication being that Jane and Sarah can set up bank accounts and nominate others to receive their money.
Finally there is a very legalistic section regarding provision for the appointed trustee or his heirs to renounce the task and responsibilities if they are unwilling to serve, together with details of how they are to account for the funds in such case.]

Executor: John Gilbert Hains

Signed by testator

Witnesses: Cornelius Lloyd, solicitor, Abergavenny. John Wilson, clerk to Cornelius Lloyd

2. Codicil dated 4 October 1856 .
Revokes clause in the will regarding the passing of the furniture etc to daughter Mary with £150.
Instead all furniture, plate, linen and china is to be sold on the death of wife Sarah and her funeral expenses paid. The balance is to be split and incorporated into the two moieties of the residuary trust on behalf of daughters Sarah and Jane..
As to the £150, this is to be invested by the trustee as a separate trust and the dividend/interest paid to daughter Mary. On her death this trust is to be divided into 2 shares and incorporated as above.

Signed by testator

Witnesses: Edward Cecilius Hartsinck Day, Cross Street , Abergavenny, gent.
John Wilson clerk to Cornelius Lloyd Esq.

Date of Probate: 13 May 1857

Observations

As this is taken from a copy of the will deposited at the Prerogative Court of Canterbury there are no supporting documents.
This is a long and legally complex will; deciphering it was not helped by the neat but difficult handwriting of the clerk who made the copy.