This is the last Will and Testament of me Christopher Owston of Thorpe Bassett in the County of York yeoman

CHRISTOPHER OWSTON

OF THORPE BASSETT

EAST YORKSHIRE

LAST WILL AND TESTAMENT 1828

This is the last Will and Testament of me Christopher Owston of Thorpe Bassett in the County of York yeoman. I give and bequeath unto my wife Dorothy Owston one moiety or half part of the Furniture plate Linen and china which may be in the House wherein I reside at the time of my decease to be selected by my Trustees and Executors hereinafter named and delivered to he as soon as conveniently may be after the day or time on which my said Wife shall discontinue to reside with my Family and conduct the Household affairs in and upon my Farm at Thorpe Bassett aforesaid for their benefit. I also give and bequeath unto my said wife for and during such time and so long as she shall continue my widow and unmarried annuity of sixty pounds ad year chargeable upon my Estate at Thorpe Basset aforesaid which I purchased of my Brother William with powers of distress and entry for the recovery thereof as if the same had been secured by a lease for a years the same annuity to be paid quarterly with a proportionate part thereof up to the day of the decease or second marriage of my said wife the first payment to be made three calendar months next after the day or time on which my said wife shall discontinue to reside with my Family as aforesaid. I give and devise my Dwelling house at Thorpe Basset aforesaid and the Stable and dovecote Outbuildings Offices Garth and Orchard thereunto belonging and late the property of my said Wife's Father John Donkin deceased

unto and to the use of my friends Thomas Owston of Thorpe Bassett aforesaid yeoman Thomas Hall of New Malton in the said County Gentleman David Smith of New Malton aforesaid Grocer and Robert Searle of Norton in the said County of York Wine and Spirit Merchant their heirs and assigns during the life of my said Wife if she shall so long continue my widow. In Trust from and after the day or time on which she shall discontinue to reside with my Family as aforesaid to pay the rents issues and profits of the same unto or permit the same to be received used held and occupied by my said wife during her life or widowhood for her own use and benefit and after the decease or second marriage of my said wife I give my said Dwellinghouse Buildings Garth and Orchard to the uses upon and for the trusts intents and purposed and wit under and subject to the powers provisions and declarations hereinafter expressed of an concerning my other estates. But my Will is that during the life or widowhood of my said Wife the said Thomas Owston Thomas Hall David Smith and Robert Searle and the survivors and survivor of them and his heirs shall be at liberty with the

approbation of my said wife to devise or lease the said Dwelling house Buildings Garth an Orchard for any term or number of years no exceeding seven years at such rent and upon such terms as they or he shall think reasonable but without taking any fine or forget for the same And my Will is also that during the life or Widowhood of my said Wife the said Thomas Owston Thomas Hall David Smith and Robert Searle an the survivor of them and his heirs shall be at liberty with the approbation of my said wife in writing to sell the same Dwellinghouse and premises in the lifetime or during the widowhood of my said wife an if such sale shall be made they the said Thomas Owston Thomas Hall David Smith and Robert Searle and the survivors and survivor of them and his heirs shall have the powers rights and privileges for affecting the same and shall apply the money arising from the sale thereof in the manner hereafter mentioned and contained in the power of sale hereinafter described and contained except that my said wife shall during her life widowhood be entitled to the interest dividends and annual proceeds of the stocks funds and securities in which the same shall with her approbation be invested provided she shall leave then ceased to reside with my family as aforesaid. I direct that as soon as may be after my decease the Executorship and partnership accounts between my Brother Thomas and myself may be settled in the most

honorable and liberal manner and as for the balance which may be coming to use the same may be paid to my Executors hereinafter named upon and for the trust as this my Will and for the purpose of providing for an paying the Legacies and other the Debts hereinafter mentioned. I do will and direct that my Executors hereinafter named shall as soon as may be after my decease call in and compel payment of all such parts of my personal estate and effects as shall consist of money out upon security of interest or otherwise and also collect and get in all book and other debts which shall be owing to me at the time of my decease in such manner as they shall think fit and I do hereby authorise and empower the my said Executors and the survivors and survivor of them his executors and administrators to compromise or compound or submit for arbitration any debt sum or sums of money which may be owing to me at the time of my decease and give or allow such reasonable time by way of indulgence for the payment of the same or any part thereof and in the mean time to take and accept such security or assurance for the

payment thereof as they or he in their or his discretion shall think fit and it is my Will and desire and I do hereby declare and direct that they my said Executors and the survivors and survivor of the mand the Executors and Administrators of such survivor shall stand and be possessed of the monies to arise or begotten in and by the means aforesaid or otherwise under or by virtue of this my Will In trust in the first place at their and his discretion to pay satisfy and charge my funeral and testamentary expenses and all such debts as shall be due by me to any person or persons whomsoever by specially simple contract or otherwise howsoever at the time of my decease or which shall afterwards accrue due and interest for such of the said debts as shall, or in his or their opinion ought, to carry interest with full and absolute power to admit or reject evidences of any alleged debt or debts as their or him shall seem just and in the next place to pay satisfy and discharge the several Legacies or Bequests given and bequeathed by this my Will or by any codicil or codicils thereto and after payment and satisfaction thereof In trust to stand possessed of and interested in the residue of my said Estate and Effects for the intents an purposed hereinafter declared of or concerning the money to arise by the sale or mortgage of my real estates hereinafter directed to be sold or mortgaged or any part thereof. And as to and concerning all and

singular other the property whether real or personal or of whatever other nature or kind the same may be which I shall be seized of or over which I shall have a disposing power at the time of my decease (subject to the contingent interests in parts thereof herein before given to or for Th benefit of my said wife). I give devise and bequeath the same respectively and every part thereof unto the said Thomas Owston, Thomas Hall, David Smith and Robert Searle their heirs executors and administrators according to the natures of the said estates and property respectively upon the several trusts and to and for the several ends interests and purposes hereinafter declared of or concerning the same that is to say, upon trust that they my said Trustees or the survivors an survivor of them or the heirs executors or administrators of the last survivor do and shall carry on manage and conduct the farming business at Thorpe Bassett aforesaid in which I may be engaged at the time of my decease until my youngest child attains the age of twenty one years for the support

of my said Wife if she shall continue to reside upon my farm with the consent and approbation of my said Trustees and the maintenance and education of my children during their respective minorities and I do hereby expressly direct that all losses charges and expenses of carrying on managing and conducting the said farming business shall be borne and paid by my said Trustees or Trustee with and out of the monies which shall come to their or his hands by virtue of this my Will and I expressly declare that the said Trustees or Trustee for the time being shall have the fullest powers over the said farming business which I can give them by this my Will so as to enable my said Trustees or Trustee to carry on and manage and conduct the said farming business in the same manner to all effects constructions and purposes as I myself could do if I were living and actin therein. And upon further Trust that they the said Trustees and the survivors and survivor of them and the heirs executors and administrators of such survivor shall and do by mortgage or sale eighthr public or private of all or any part of my real estate or of a competent part thereof and by and out of the rents and profits of the same until sold to raise such sum and sums of money as will satisfy and discharge all my just debts wheretherby way of mortgage or otherwise as my personal estate shall be insufficient to liquidate and discharge and as will enable

my said Trustees or Trustee for the time being to maintain and educate my said children during their respective minorities and otherwise carry on the trusts of this my Will and also to raise the sum of Eight hundred pounds to be paid to each of my sons and the sum of six hundred pounds to be paid to each of my Daughters without any interest for the same when he she and they shall respectively attain the age of twenty one years. And upon further Trust that they my said Trustees or Trustee shall and do as soon as conveniently may be before or after my youngest child shall have attained the age of twenty one years sell and dispose of all and every my freehold and leasehold estates and other property of a saleable nature either together and in one lot or in parcels or several lots and either by public sale or private contract as they or he the said Trustees or Trustee shall think best for such price or prices or sum or sums of money as in their or his opinion can be obtained or reasonably expected for the same and to convey and assure the premises which shall be sold to the purchaser or several purchasers thereof and their

heirs executors administrators and assigns or otherwise as he she or they shall direct and appoint and I do hereby declare that it shall and may be lawful for the said Trustees or the survivors or survivor of them or the heirs executors administrators or assigns or such survivor to sign and give any receipt or receipts in writing for the sum or sums of money which shall be advanced to them or him upon any such sale or mortgage as aforesaid or which shall be otherwise payable to them or him under the trusts of this my Will and that the person or persons paying the same shall not be bound to see to the application or be accountable for the misapplication of the same and particularly that no person advancing money on such sale or mortgage shall be under any obligation or ascertaining that the same is wanted for the purposes hereinbefore mentioned or be in anywise affected by reason of my personal estate not having been previous got in and applied in payment of my said debts and legacies or by his knowing that the same has not been applied. And I do hereby further will and direct that they the said Trustees or Trustee for the time being do and shall stand possessed of and interested in the money to arise by every or any such last mentioned sale or sales and also of and in the rest residue of my personal estates and effects after payment of debts and legacies and the charges and expenses of executing the trusts of this my Will In trust for all and every the children

and child of my body who shall attain the age of twenty one years or die under that age leaving lawful issue and their respective executors administrators and assigns to be divided between or among them in the proportions of eight shares to each of my sons and six shares to each of my daughters save and except that my eldest son John shall receive and be paid five hundred pounds over and above and in addition to his proportion of eight shares Provided always nevertheless and it is my Will and mind that if any such Child or Children shall died without issue before he she or they shall attain his her or their age or ages or twenty one years respectively then as well the original share or shares of him here or them so dying as aforesaid as also the share or shares accruing to him her or them under the present proviso shall go and be paid and I give and bequeath the same to the survivors or survivor or others or other of the said Children and if more than one in equal shares to be vested in such survivors or survivor or others or other of them in like manner as his her or their original share or shares Provided also and I further declare that it shall

be lawful for the said Trustees or Trustee forth the time being at any time or times to apply any sum or sums of money for or towards the preferment or advancement in the World or otherwise of my said Child or Children during their minorities for his her or their benefit but the sum so advanced shall not be taken as part or f the provision of the child for whose benefit the same is raised and shall not be accounted accordingly. I declare that the provision hereby made or intended for or in trust for the said Wife shall be accepted by her and for her jointure and in lieu and full satisfaction of all dower and thirds to which she is or may be entitled out of all or any part or parts of my real estates at the common law or by custom and I devise all mortgaged and trust estates which may be now vested in me unto the said Thomas Owston, Thomas Hall, David Smith and Robert Searle their heirs executors administrators and assigns subject to and upon the equities and trusts affecting the same Provided lastly and I hereby declare that on the death refusal or incapacity to act of any or either of them the said Thomas Owston, Thomas Hall, David Smith and Robert Searle or of any Trustee or Trustees to be appointed in his or their place or stead it shall be lawful for the acting Trustee or Trustees for the time being of this my Will or the executors or administrators of the last acting Trustee to appoint my said son John if he have attained the age of twenty one years a Trustee or

or any new Trustee or Trustees in the place or stead of such Trustee so dying refusing or becoming incapable to act as aforesaid and thereupon the said Hereditaments trust estate and premises shall be conveyed and assured so that the same may vest in my said son John or such other new Trustee or Trustees jointly with the surviving or continuing Trustees or Trustee or solely as the case may require and in his her or their heirs executors administrators and assigns upon the trusts and for the end intents and purposes hereinbefore declared And that my said son John and every such other new Trustee either before or after such conveyance shall have and may exercise the same persons and authorities if he or they had been appointed a Trustee or Trustees of this my Will and that none of the Trustees appointed or to be appointed as aforesaid shall be answerable for the other of them or for the acts deeds or defaults of the other of them nor for involuntary losses nor for the money received under receipts in which they shall join only for conformity And that the present and every future Trustees or Trustee shall and may reimburse

themselves and each other out of the said trust premises or out of any monies that may come into their hands by virtue of these presents all costs and expenses to be incurred by them in the execution of the trusts aforesaid or in anywise in relation thereto. I appoint the said Thomas Owston, Thomas Hall, David Smith and Robert Searle and the survivors and survivor of them Guardians and Guardian of the persons and estates of my said Children and I do also appoint the said Thomas Owston, Thomas Hall, David Smith and Robert Searle (together with my said son John on his attaining the age of twenty one years) joint Executors of this my Will requesting them the said Thomas Owston, Thomas Hall, David Smith and Robert Searle to accept the sum of fifteen pounds each as a small acknowledgement for their care and trouble in the execution of the trusts of this my Will. And I hereby declare this present writing contained in seven sheets of paper to be my last Will and Testament. In Witness whereof I have hereunto set my hand and seal, to wit, my hand to the six preceding sheets and my hand and seal to this seventh and last sheet the sixth day of March in the year of our Lord One thousand eight hundred and twenty eight.

Signed by Christopher Owston, Witnesses, Henry Smithson, Christopher Donkin, John Newlove.