davidlacywill

I David Lacy of Stoodley in Langfield in the Parish of Halifax in the County of York, cotton spinner, declare this to be my last will and testament.

I bequeath to my dear wife Phoebe all the wines, liquors, fuel and other consumable household stores and provisions which shall belong to me at my decease absolutely.

I also bequeath to my said wife the use and enjoyment of the furniture, linen, china, glass and other household effects and the books, pictures and prints of which I shall die possessed during her widowhood, and after her decease or marriage again, I direct the same articles to be disposed of as part of the residue of my personal estate.

I give to my said wife the sum of One Hundred Pounds for her immediate use, and I also bequeath an annuity of one hundred pounds to be paid to her during her life if she so long remain my unmarried widow, by equal quarterly payments and the first of such payments to be made at the end of three calendar months next after my death, with a fractional part thereof for the elapsed portion of the quarter which shall be current at her death or second marriage.

And in the event of my said wife's death or marriage again before my youngest daughter attains twenty one years of age, I direct the said annuity to be continued until such daughter attains such age or dies under that age, and received and applied by my trustees towards the maintenance of my two youngest daughters, or either of them, and in addition to their allowances hereafter mentioned, and I charge the said annuity on my Langfield estates hereinafter devised to my son, and direct the same to be paid thereout accordingly.

I also declare that the provision hereinbefore made for my said wife is in satisfaction of any dower or thirds and jointure to which she shall be entitled out of any property of mine after my decease.

I devise and bequeath to my son Fielden Robertshaw Lacy my several estates situate at or called Stoodley, otherwise Lower Stoodley (where I now reside), and Middle Stoodley respectively in Langfield aforesaid with all the messuages, cottages, barns, buildings, closes, lands, grounds, cattle gates, and other hereditaments and appurtenances thereto belonging. To hold to him, his heirs and assigns forever subject to the annuity hereinbefore mentioned.

I also devise and bequeath my Knowlwood Mill property as now in the occupation of the Bacup Cotton Mill and Mining Company Limited or otherwise, and my four leasehold cottages at Shade near Todmorden in the County of Lancaster with all the houses cottages, buildings, plots of ground and other premises fixtures, rights, privileges, and appurtenances thereto to my said son Fielden Robertshaw Lacy, his heirs, executors administrators and assigns respectively, he or they in exoneration of my other estate paying the principal sum now owing upon mortgage of the premises comprised in this devise or some part thereof, and the interest due thereon at my death, and also the ground rents of the leasehold portions of the premises, and performing the covenants under which the same are respectively holden.

I also bequeath all the horses and carriages and live and dead agricultural stock and farming utensils belonging to me at my death to my said son Fielden Robertshaw Lacy, absolutely.

I bequeath to my daughter Phoebe Lacy the pecuniary legacy or sum of Two Thousand Five Hundred Pounds, and to my daughter Sarah Hannah Lacy, the like sum of Two Thousand Five Hundred Pounds, to be paid when the younger of them attains her age of twenty one years if she lives to attain such age, but if she dies under that age, my daughter Phoebe's legacy to be paid to her attaining Twenty One or at Sarah Hannah's death which shall last happen with allowances in the meantime of Fifty Pounds a year each for their respective maintenance and education, and in lieu of interest thereon I direct that each of my said daughters shall take a vested interest in her said legacy as well as in her share of residue hereinafter bequeathed as and when she shall attain the age of twenty one years or die under that age leaving issue, but not earlier or otherwise, and that such legacies and allowances as aforesaid shall be paid exclusively out of my share and interest in the Underbank Estates and my other partnership property.

I devise all my other real estate and bequeath the residue of my personal estate including my partnership property (whether real or personal) and all accumulations and profits thereof respectively unto my Trustees hereinafter named, their heirs, executors, administrators and assigns respectively upon trust, to sell such real estate together or in parcels and to convert and get in my residuary personal estate and invest the moneys arising therefrom as hereinafter mentioned (after payment thereout of my funeral and testamentary expenses and debts and the aforesaid pecuniary legacies and allowances) and hold the same and all accumulations thereof in trust for my children - Fielden Robertshaw Lacy - Mary Elizabeth Lacy - Phoebe Lacy - and Sarah Hannah Lacy for their own absolute benefit in equal shares to be paid when my youngest daughter attains her age of twenty one years or in case of her dying under that age, then on such death or when my daughter Phoebe attains the age of twenty one years which shall last happen, except that if my son shall previously die without issue, in which case my daughter Mary Elizabeth will be entitled to his property under their maternal grandfather's will, my said Trustees shall then hold the same moneys and the investment thereof and thr said accumulations and profits in trust for my said tow younger daughters only and in equal shares with benefit of survivorship in case either of them shall die under the age of twenty one years, and without issue.

I give and bequeath the same accordingly, in the event of either of my said daughters Phoebe and Sarah Hannah dying under age and without issue, I direct that her legacy or share or shares under this my will shall belong to the survivor and my two other children in equal shares, or the whole to the two latter equally in case Phoebe and Sarah Hannah both die under age and without issue.

I direct that the respective legacies and shares under this my will of such of my daughters as shall be married women shall be held enjoyed and disposed of by them respectively as separate property and free from any marital control and for which their respective receipts shall be sufficient. I declare that it shall be lawful (but not incumbent upon) my Trustees in their discretion until the period of distribution, to enter into any arrangement with my partner or partners in trade for succeeding to my share in the business carried on by them in partnership with me at Underbank aforesaid, and for continuing such partnership business for the benefit of my estate for such period and upon such terms as to my Trustees shall seem expedient and to employ for that purpose all or any part of the capital which shall at my decease be employed by me in the same business or any additional capital, provided also that it shall be lawful for my Trustees to investigate, arrange, and settle all accounts and transactions whatsoever between me and my said partner or partners or between me and the representatives of any such partner, and to wind up all the affairs of such partnership and generally to do and execute all such acts, matters and things as shall appear to my Trustees to be necessary or expedient for effecting or facilitating the final settlement of all matters arising out of such partnership concerns.

I direct that all investments of trust moneys to be made by my Trustees shall be made in their names in the Public Funds or on Government Securities of the United Kingdom or on real or leasehold securities in England, or on the Bonds, Debentures, Debenture Stock or Guaranteed Stock of any Railway or other Public Company in England authorised by Special Act of Parliament, and at the time of the investment thereon paying a dividend or on the securities of any Municipal Corporation or Borough or Public Works or Rates. And I empower my Trustees to vary such investments at their discretion for any others of the kind prescribed.

I devise all real estates if any vested in me as Trustee or Mortgagee to my Trustees herein after named their heirs and assigns, subject to the trusts and equities affecting the same respectively. I declare that the receipts of my Trustees for any money paid to them in that capacity shall exonerate the persons paying the same from all liability in respect of the application thereof. I declare that the expression "My Trustees" used by me in this my will shall be construed as comprising and referring to the Trustees or Trustee for the time being of this my will.

I appoint my son, Fielden Robertshaw Lacy and my cousin, John Fielden, esquire of Dobroyd near Todmorden to be Trustees and Executors of my Will and I appoint my said wife (she continuing my widow) to be Guardian and after her death or marriage again, my said Trustees and the survivor of them to be Guardians and Guardian of my Infant daughters during their respective minorities.

I declare that subject to the variations herein expressed the powers respecting Trustees and Wills contained in the Act of Parliament 23 rd /24 th Victoria Cap 145 shall be applicable to and take effect with regard to this my Will and the dispositions hereby made.

In Witness whereof I the said David Lacy the Testator have to this my last will and testament contained in this and the four preceding sheets of paper set and subscribed my hand to the 5 th and last sheet hereof this 21st day of August 1865

signed and acknowledged in the presence of James P. Sutcliffe, solicitor of Hebden Bridge and John Thomas Sutcliffe, his clerk.

Whereas I have by my said Will empowered my Trustees to arrange for succeeding to and continuing my partnership business if and as they should deem expedient and employ my present or any additional capital therein.

Now I revoke such power, and instead thereof direct my Trustees to have such partnership business and all the affairs thereof wound up as soon as conveniently may be after my death, but with liberty to allow such part of my capital therein to remain on Mortgage at interest until the period of distribution of my estate, or fore some less period if and as my son Fielden Robertshaw Lacy and my cousin John Fielden or the survivor of them shall in their or his discretion think fit. And whereas I have by my said Will appointed my said son and cousin to be Trustees and executors of such Will. And also after my wife's death or marriage again, Guardians of my infant daughters. Now it is my Will, that the said Fielden Robertshaw lacy, and John Fielden, and my nephew Henry Lacy (son of my late brother Gilbert) and my nephew Thomas Lacy (son of my brother John) shall be the Trustees and executors of my Will (and also after my Wife's death or marriage again Guardians of my Infant Daughters)

And I direct that my said Will shall be read and construed as if the names of all four had been inserted as such Trustees and Executors and Guardians in my said Will.

In witness whereof I have hereunto set my hand this 23rd Day of October in the year 1866.

Proved at Wakefield with the Codicil the 18th November 1867.