Will of Edward ELLERTON


"This is the last Will and Testament of me Edward Ellerton of Tunstall in the Parish of Catterick in York Gentleman made this thirty first day of January in the year of our Lord one thousand eight hundred and sixty eight. In the first place I order and direct the payment of all my just debts funeral expenses and testamentary expenses to be made as soon as convenient after my decease I give and bequeth to my son William Ellerton of London and to my friends James Robinson Draper of Richmond Yorkshire and Alexander Young Brewer of Richmond Yorkshire all my furniture plates linen beds and bedding together with all my monies securities for monies and whatever other personal estate I may be possessed of at the time of my decease upon trust that is to say the aforesaid William Ellerton, James Robinson and Alexander Young shall as soon as convenient after my decease value or dispose of all such articles as may be found necessary and advisable by them to be converted into money which money together with all my other monies and effects I hereby Will and direct shall be invested or put out to interest by my said trustees and the interest accruing and arising therefrom to be applied towards the support and maintenance of my daughter in law Margaret Ellerton and her family for and during the rest of her natural life but in case of her death before the youngest attains the age of twenty one years I hereby will and direct the said interest shall be applied to the support of the said children till the youngest attains that age when the whole of the said monies and effects shall be equally divided amongst the surviving children of my son Edward Ellerton (deceased) share and share alike and I hereby declare that the receipts of my trustees for all monies received by them under the trusts of this my Will shall be a good and sufficient discharge to persons receiving the same and I hereby declare that my said trustees shall not be answerable or accountable for losses and shall be at liberty to deduct and allow to themselves all necessary expenses incident to the execution of this my Will and I appoint the aforesaid William Ellerton, James Robinson and Alexander Young Trustees and Executors of this my Will and lastly hereby revoking all former or other Wills by me at any time heretofore made I do declare this only to be my last Will and Testament. In witness thereof I the said Testator Edward Ellerton have on this page set my hand the day and year above written Edward Ellerton signed by the said Testator Edward Ellerton as and for his last Will and Testament in the presence of us present at the same time who at his request and in his presence and in the presence of each other have hereunto subscribed our names as witnesses ~ William Peacock ~ William Allison"


Proved: at London 21st April 1871 by the oath of William Ellerton the Son one of the Executors to whom admon was granted. Power reserved of making the [like?] grant to James Robinson and Alexander Young the other Executors.


Summary:

Will made out on 31/1/1868. Died on 16/10/1870. Will proved on 21/4/1871.

Trustees and Executors - William Ellerton (son), James Robinson (draper), and Alexander Young (brewer)

Beneficiaries - William Ellerton (son, London), James Robinson Draper (friend, Richmond) and Alexander Young Brewer (friend, Richmond), surviving children of Edward Ellerton (son: deceased) and "my daughter in law Margaret Ellerton and her family ...". Margaret died in 1876 before her youngest child reached the age 21 (in December 1882). At the latter date there were 7 surviving children who, under the terms of the Will, shared the value of the "monies and effects" equally.

The National Probate Indexes show: "Edward Ellerton of Tunstall, Catterick. Gentleman, died 16/10/1870. Will proved on 21st April by William Ellerton of 13 Addle Street, Wood Street, City of London - merchant, son, and one of the Executors. Effects less than £600".

Page last updated: March 2008