Will – Diana Beaumont – 14 Dec 1829

This is the last Will and Testament of me Diana Beaumont of Bretton Hall in the County of York Widow & made this twentieth day of August in the year of our Lord one thousand & eight hundred and twenty nine whereas my late husband Thomas Richard Beaumont Esquire by his last Will and Testament in writing bearing date the sixth day of December one thousand eight hundred and five directed his trustees therein named to raise the sum of one hundred and fifty thousand pounds out of his personal Estate as portions for his younger children the shares of his sons to be paid at the age of twenty one years and the shares of his daughters to be paid to such one or most of his children whether sons or daughters exclusive of the rest in such parts shares and proportions and to vest and be paid at such days and times subject to such provisos and limitations over and with such restrictions as I by any deed will or writing to be executed and attested as therein mentioned should appoint and for want of appointment the portions or fortunes of his daughters to be paid to them on their attaining twenty one years of age or marriage and as to the residue of his monies stocks funds and securities the dividends and yearly proceeds thereof to be paid to me for my life and after my decease the said residuary trust monies and securities to be paid and transferred unto and amongst such one or more of the children of my said husband in such parts shares and proportions manner and form as I by deed or will to be executed as therein mentioned should appoint and in default of appointment to all his children equally 



and whereas I have eight children living by my said & late husband and whereas by Indentures of lease and release bearing date the nineteenth and twentieth days of November one thousand eight hundred and twenty seven the release made between my said late husband and myself of the first part my Eldest Son Thomas Wentworth Beaumont Esquire of the second part Henrietta Jane Emma Hawks Atkinson Spinster of the third part the Reverend Christopher Bird and William <Berkett> Esquire of the fourth part Joseph Lambe and Robert Oliver Esquires of the fifth part Benjamin <Gaskell> and John Staniforth <Berkett> Esquires of the sixth part and John Spencer Stanhope Esquire and the Reverend Francis Thompson Clerk of the seventh part divers messuages lands and hereditaments situate in Woodhall Birstall <Foulston> Shelley Skelmansthorpe <Woolsalt> Wakefield and <Armley> Cleckheaton Wibsey Gomersall and Pudsey in the County of York and divers messuages and heriditaments in the parish of <Ryton> in the County of Durham stand limited and <assured> in the Event of my surviving my husband to use in fee simple and by the same Indenture of release the manor of West Bretton and all that capital messuage called Bretton Hall in the said County of York and divers manors messuages lands and hereditaments situate in the Counties of York Northumberland and Durham stand limited and <assured> after the several deceases of myself and my said husband to my said son Thomas Wentworth Beaumont for life remainder to his issue as therein mentioned with divers remainders over which said Indentures were executed previous to and in contemplation of the marriage of my said Son Thomas Wentworth Beaumont with the said Henrietta Jane Emma Hawks Atkinson and which marriage was solemnized accordingly and whereas I am also seized in fee simple of divers other messuages lands and hereditaments in that County of York and have also contracted for the purchases of other messuages lands and hereditaments in the said County which are not <conveyed> to me besides considerable personal Estate Now in pursuance and <Exercise> of all and every powers and authoritys to me belonging under and by virtue of the said Will of my said late husband do by this my will give bequeath limit and appoint all the residue and remainder of the monies stocks funds and securities of and belonging to my said late husband and in and by his said will mentioned limited and disposed of as aforesaid subject to the raising and payment of the said sum of one hundred and fifty thousand pounds to my younger children as hereinbefore mentioned unto my said Son Thomas Wentworth Beaumont to and for his own use and benefit absolutely subject and chargeable nevertheless as hereinafter mentioned 



and I do give and bequeath unto my four sons William Richard Edward Blackett  and Henry Ralph Beaumont such sum of money as with their respective portions or shares of that said sum of one hundred and fifty thousand pounds so bequeathed by my said late husbands Will as aforesaid will make up the sum of fifty thousand pounds for each of my said Sons which sum of fifty thousand pounds apiece to my said four Sons I declare to be in full satisfaction of all claims and demands whatsoever to which they are respectively entitled under the said will of my said late husband or under my marriage settlement and the sums of fifty thousand pounds each to my three Sons Richard Edward Blackett and Henry Ralph Beaumont  I will to be paid to them respectively within three years from the time of my decease with Interest for the same at four per cent per annum by two half yearly payments to commence from my death and the portion or sum of fifty thousand pounds for my said son William I direct to be paid to my friend Charles <Broderick> number 16 <Quirolus> Inn Old Square in the County of Middlesex Esquire and to my said Sons Richard and Edward Blackett Beaumont within the like period of three years from my decease with Interest at four per cent per annum by two half yearly payments except the first half yearly payment of Interest to be paid in advance within one month after my decease and I declare my mind and will to be that the said Charles <Broderick> and my said sons Richard and Edward Blackett Beaumont their Executors and administrators shall stand and be possessed of the said last mentioned sum of fifty thousand pounds the Interest thereof for the benefit of my said son William upon the trusts and for the  [blank space]   interests and purposes hereinafter expressed that is to say upon trust that they the said Charles <Broderick> Richard and Edward Blackett Beaumont and the survivors and Survivor of them and the Executors and administrators of such survivor do and shall invest and place out or otherwise continue upon Government or real security or securities the said last mentioned sum of fifty thousand pounds during the life of my said Son William Beaumont and from time to time vary alter and transpose such security or securities as they in their discretion shall think proper and upon this further trust that they the said Charles <Broderick> Richard and Edward Blackett Beaumont and the survivors and survivor of them his Executors or administrators do and shall pay apply and dispose of a <competent> part of the Interest dividends and annual proceeds of the said last mentioned sum of fifty thousand pounds in the maintenance and support of my said Son William and in providing him a suitable Establishment according to his circumstances and situation of life and also pay and discharge all the reasonable charges and Expenses of the said trustees in superintending and managing the Establishment and affairs of my said Son William and do and shall from time to time invest and place out the surplus of the Interest dividends and annual proceeds thereof upon Government or real Security to the intent that the same may accumulate for the benefit of the persons who under this my will shall <become> entitled thereto and from and after the decease of my said Son William upon this further trust that they the said Charles <Broderick> Richard and Edward Blackett Beaumont and the survivors and survivor of them his Executors or administrators do and shall pay apply and dispose of the Interest dividends and proceeds of the said sum of fifty thousand pounds and the accumulations thereof or a competent part thereof in the maintenance education and Establishment of all and every the child and children of my said Son William lawfully to be begotten during their respective minorities or until their portions shall become payable under this my will and when and so soon as the children of my said Son William if a son or sons shall attain [the age of twenty one years or if a daughter or daughters shall attain] the like age or be married then upon trust that they the said Charles <Broderick> Richard and Edward Blackett Beaumont and the survivors or survivor of them his Executors and administrators do and shall call in and receive the said sum of fifty thousand pounds and all Interest dividends annual proceeds and accumulations thereof and pay and divide the same unto and amongst all and every the child and children of my said Son William lawfully to be begotten if more than one equally share and share alike and if only one then to such one child his or her Executors or administrators the share or shares of such of the children of my said Son William being a Son or Sons to be paid him or them respectively on attaining the age of twenty one years or being a daughter or daughters to be paid to her or them on attaining the like age or marriage as aforesaid But in case of the death of my said Son William Beaumont without leaving issue then I will and direct that the last mentioned sum of fifty thousand pounds with the accumulations thereof shall lapse and <sink> into the residue of my personal Estate hereinafter by me disposed of for the benefit of my said Son Thomas Wentworth Beaumont and in pursuance of all and every powers and authorities to me belonging under and by virtue of my said late husbands will I give bequeath limit and appoint one seventh part of the said sum of one hundred and fifty thousand pounds so bequeathed by my said late husbands will as aforesaid to my friend Wilbraham Egerton of Tatton park in the County of Chester Esquire and my said Sons Richard and Edward Blackett Beaumont to whom I also give and bequeath such further sum of money as will make up the sum of fifty thousand pounds for the benefit of my daughter Diana Beaumont to be paid by my said Son Thomas Wentworth Beaumont within three years next after my decease with interest for the same at four pounds per cent per annum by two half yearly payments from the time of my decease To hold the same unto the said Wilbraham Egerton Richard and Edward Blackett Beaumont their Executors administrators and assigns Upon trust that that [sic] they the said Wilbraham Egerton Richard and Edward Blackett Beaumont or the survivors or survivor of them his Executors administrators and assigns do and shall lay out with the consent of my said daughter Diana lay out and invest the said sum of fifty thousand pounds as and when the same shall <come> to their or his hands in their or his names or name in the purchase of parliamentary stocks or public funds of Great Britain or at Interest upon Government or real securities In England and from time to time vary alter or transpose the same trust monies stocks funds and securities for others of the like nature and upon this further trust that they the said Wilbraham Egerton Richard and Edward Blackett Beaumont and the survivors and survivor of them his Executors administrators and assigns do and shall from time to time during the life of my said daughter Diana pay the Interest dividends and annual produce of the said last mentioned sum of fifty thousand pounds unto such person or persons only and for such intents and purposes only as she whether <covert or sole> shall by any writing under her hand direct or appoint but not so as to deprive herself of the benefit thereof by mortgage sale charge or other mode of anticipation and in default of such direction into her own proper hands for her sole and separate use and benefit independently and exclusively of any husband with whom she may hereafter marry and so as not to be in any wise subject or liable to his debts <contrainterference> or Engagements and her receipts or receipts about notwithstanding her coverture to be good and sufficient discharges for the same and from and after the decease of my said daughter Diana then do and shall pay the Interest dividends and annual proceeds of the last mentioned [sum] of fifty thousand pounds unto any husband with whom she may intermarry or his assigns or otherwise permit the same to be received by him or them during his natural life to and for his and their absolute use and benefit and from and after the decease of the survivor of my said daughter Diana and any husband with whom she may so intermarry as aforesaid In trust for all and every or such one or more exclusively of the other or others of the children of my said daughter Diana on or at such age day or time ages days or times and to be divided between them or any of them in such shares subject to such annual and other sum or sums of money and such limitations over for the benefit of her said children or any one or more of them and under such conditions and restraints and generally in such manner for their or any of their benefit as my said daughter Diana shall by any deed or deeds to be legally executed by her or by her last will and Testament in writing or any codicil or codicils thereto to be by her signed and published in the presence of and attested by two or more <credible> witnesses direct or appoint and in default of any such direction or appointment and if any then subject thereto In trust for all and every the children and child of my said daughter Diana if more than one in equal shares and proportions and if there shall be but one such child then the whole to be in trust for that one child and the share or shares of such of them as shall be a son or sons to be paid to him or them at his or their age or ages of twenty one years and the share or shares of such of them as shall be a daughter or daughters to be paid to her or them at her or their age or ages of twenty one years or day or days of marriage which shall first happen and in the mean time and until the share or shares of such child or children shall become payable the Interest which shall accrue in respect of his her or their respective presumptive portion or portions from and after the decease of the Survivor of my said daughter Diana and any husband that she may so marry as aforesaid or a competent part thereof to applied for or towards his her or their maintenance or education respectively and the surplus thereof to accumulate for the benefit of the children or child of my said daughter Diana until such portion or share shall become payable provided always 



and I do so hereby will and declare that if there shall be more than one child of my said daughter Diana and any of them being a son or sons shall depart this life under the age of twenty one years or being a daughter or daughters shall depart this life without being or having been married under the age of twenty one years then and in case <...> such direction or appointment as aforesaid shall be made by my said daughter Diana to the contrary as well the original share or shares intended to be hereby provided for each such child so <dying> as also any surviving or accruing share or shares which shall have survived or accrued to him or her under or by virtue of this present clause shall go accrue and belong to the survivors or survivor of such children and shall vest in and be paid to him her or them if more than one in equal share and proportions at such and the same time or times and in such and the same manner as is hereinbefore declared of and concerning his her or their original share or shares of and in the said last mentioned sum of fifty thousand pounds 



and I do hereby further will and declare that if there shall be no child of my said daughter Diana who under the trusts powers and declarations hereinbefore contained shall become entitled to an absolute vested interest in the said last mentioned sum of fifty thousand pounds then and in such case the sum of twenty five thousand pounds being one moiety or equal half part thereof and the Interest dividends and annual produce of such moiety shall be in trust for such person or persons for such intents and purposes in such parts shares and proportions manner and form as my said daughter Diana whether sole or married by her last will and Testament in writing or any codicil or codicils thereto to be by her signed and published in the presence of and attested by two or more credible witnesses shall from time to time direct or appoint and in default of such direction or appointment and so far as any such direction or appointment if incomplete shall not extend In trust for such person or persons as at the time of the decease of my said daughter Diana shall be her next of kin the same to be distributed as the same would have been distributed according to the statute of distribution of the personal Estates of Intestators as so much of her personal Estate if she had died possessed thereof without having been married and the further sum of twenty five thousand pounds being the other moiety or half part of the said last mentioned sum of fifty thousand pounds and the Interest dividends and annual produce thereof shall be in trust for all and every my Grandchildren being the children of my younger Sons and daughters (my Eldest Son being excepted) who shall be living at the death of my said daughter Diana if more than one in equal shares and proportions and if there shall be but one such Grandchild then the same to be in trust for that one Grandchild provided nevertheless that on the marriage of my said daughter Diana and in case the husband with whom she may intermarry shall previously to such marriage have well and Effectually settled upon my said daughter Diana and her children to the satisfaction of my said daughter Diana and her said trustees or trustee for the time being any freehold or copyhold leasehold or personal Estates of the value of the said sum of fifty thousand pounds or any less amount then I do hereby declare my mind and will to be that the said last named trustees or trustee for the time being do and shall with the consent in writing of my said daughter Diana raise pay or transfer that said last mentioned sum of fifty thousand pounds or so much thereof as shall be equal to the <estimated> value of the said freehold Copyhold leasehold or personal Estates and so settled as aforesaid unto the husband with whom my said daughter Diana shall so intermarry for his absolute use and benefit and in further pursuance of all and every powers and authorities to me belonging under and by virtue of my said late husbands will I do give bequeath limit and appoint one other seventh part of the said sum of one hundred and fifty thousand pounds so bequeathed by my said late husbands will as aforesaid unto the said Wilbraham Egerton Richard and Edward Blackett Beaumont to whom I also give and bequeath such further sum of money as will make up the sum of fifty thousand pounds for the benefit of my daughter Marianne Beaumont to be paid by my said son Thomas Wentworth Beaumont within three years next after my decease with interest for the same at four pounds per cent per annum by two equal half yearly payments from the time of my decease To hold the same unto the said Wilbraham Egerton Richard and Edward Blackett Beaumont their Executors administrators and assigns upon trust that they the said Wilbraham Egerton Richard and Edward Blackett Beaumont their Executors administrators and assigns do and shall stand possessed of the last mentioned sum of fifty thousand pounds and the dividends interest and annual proceeds thereof upon and for such and the like trusts intents and purposes and with under and subject to such and the like powers provisos and declarations in favour and for the benefit of my said daughter Marianne Beaumont and of any a husband with whom she may hereafter marry and her issue if any and if no issue then as to the sum of twenty five thousand pounds being one half moiety or half part of the said last mentioned sum of fifty thousand pounds with under and subject to the like powers of appointment and disposition and the like trusts and limitations over in favour or for the benefit of such person or persons as would have been entitled thereto in case my said daughter Marianne had died possessed thereof intestate and unmarried and as to the sum of twenty five thousand pounds being the other moiety thereof in favour of or for the benefit of my said Grandchild or Grandchildren as are hereinbefore by me expressed and declared of and concerning the said sum of fifty thousand pounds and the Interest dividends and annual proceeds thereinbefore bequeathed for the benefit of my said daughter Diana Beaumont and in further pursuance and performance of all and every powers and authorities to me belonging under and by virtue of my said late husbands will I do give bequeath limit and appoint one other seventh part of the said sum of one hundred and fifty thousand pounds so bequeathed by my said late husbands will as aforesaid unto the said Wilbraham Egerton Richard and Edward Blackett Beaumont to whom I give and bequeath such further sum of money as will make up the sum of fifty thousand pounds for the benefit of my daughter Sophia Beaumont to be paid by my said son Thomas Wentworth Beaumont within three years next after my decease with Interest for the same at four per cent per annum by two equal half yearly payments from the time of my decease to hold the same unto the said Wilbraham Egerton Richard and Edward Blackett Beaumont their Executors administrators and assigns do and shall stand possessed of the last mentioned sum of fifty thousand pounds and the dividends interest and annual proceeds thereof upon and for such and the like trusts intents and purposes and with under and subject to such and the like powers provisos and declarations in favour or for the benefit of my daughter Sophia Beaumont and of any husband with whom she may hereafter marry and her issue if any and if no issue then as to the sum of twenty five thousand pounds being one moiety or half part of the last mentioned sum of fifty thousand pounds with under and subject to the like powers of appointment and disposition and the like trusts and limitations over in favour or for the benefit of such person or persons as would have been entitled thereto in case my said daughter Sophia had died possessed thereof intestate and unmarried and as to the sum of twenty five thousand pounds being the other moiety thereof in favour or for the benefits of my said Grandchild or Grandchildren as are hereinbefore by me expressed and declared of and concerning the said sum of fifty thousand pounds and the Interest dividends and annual proceeds thereof hereinbefore bequeathed for the benefit of my said daughter Diana Beaumont 



and I do will and declare that the three several sums of fifty thousand pounds hereinbefore by me limited and appointed for the benefit of my said daughters Diana Marianne and Sophia are in full satisfaction of all claims and demands whatsoever to which my said daughters or any of them shall or may be entitled under their said late fathers will <inserted text illegible> and that the receipt or receipts in writing of the said Wilbraham Egerton Richard and Edward Blackett Beaumont or the survivors or survivor of them or the Executors advisors or assigns of such survivor for any sum or sums of money payable for them or him under this my will shall effectually discharge the person or persons to whom the same shall be given his her or their heirs Executors and administrators from all liability on account of the misapplication or nonapplication nor shall any such person or persons be concerned to see to the application of the monies therein respectively mentioned and acknowledged to be received also I give and bequeath unto the said Wilbraham Egerton Richard and Edward Blackett Beaumont their Executors Administrators and Assigns all that my messuage or dwellinghouse number 35 situate in portman Square in the County of Middlesex with the out offices and <conveniences> to the same belonging and also all the fixtures furniture pictures books liquors linen china and other Effects therein (plate excepted) In trust to permit and suffer my said three daughters Diana Marianne and Sophia or such of them as shall continue single and unmarried and the survivors and survivor of them to have hold the use benefit and enjoyment but not the disposal thereof during their respective lives in case they shall continue single and unmarried and from and after the death or marriage of all my said daughters then I give and bequeath my said dwellinghouse with the appurtenances and my said furniture and Effects therein unto my said Son Thomas Wentworth Beaumont for his absolute use and benefit also I give and bequeath to my said three daughters Diana Marianne and Sophia the sum of two thousand pounds two carriages four carriage horses and harness and four saddle horses to be selected and approved by my said daughters and to be paid and delivered to them within one month next after my decease 



and I do give divide and bequeath unto the said Charles <Broderick> Richard and Edward Blackett Beaumont their Executors and administrators all and every my manors messuages farms lands tenements advowsons Tythes and hereditaments whatsoever situate and being at Birthwaite Darton Kexborough Barugh  <Flockton> Crigglestone Woodhall Birstall Holmanthorpe Woolsalt  Wakefield <Armley> Cleckheaton Wibsey Gomersall and Pudsey or elsewhere in the County of York and all other my real Estates whatsoever and wheresoever of which I am seized in fee simple or which I have already contracted to purchase together with the <benefit> of such contracts of purchase and over which I have any power of disposition to hold the same unto the said Charles <Broderick> Richard and Edward Blackett Beaumont their Executors administrators and assigns for and during the term of one thousand years to commence and be computed from the time of my decease upon the several trusts and to and for the ends intents and purposes hereinafter expressed concerning the same and from and after the end expiration or other sooner determination of the said <term> and in the <mean time> subject thereto I give and devise all and every my manors messuages farms lands advowsons Tithes and hereditaments situate and being at or called by the names of Birthwaite Darton Kexborough Barugh <Flockton> and Crigglestone or elsewhere in the several parishes of Darton Thornhill Sandal Magna and Silkstone in the said County of York unto the said Christopher Bird and William <Berkett> the trustees named in the above mentioned Indentures of lease and release or marriage settlement of the nineteenth and twentieth days of November one thousand eight hundred and twenty seven with the appurtenances to the same belonging To hold the same unto the said Christopher Bird and William <Berkett> and their heirs to and for and upon such and the same uses Estates interests and charges and subject to such and the same powers provisos conditions and limitations and with such powers of sale exchange leasing mortgaging enfranchising and raising and getting of minerals and for such other purposes as the said Manor of West Bretton and the said capital messuage called Bretton Hall in the said County of York and the lands thereto belonging in and by the said Indenture of release or marriage settlement are limited settled and assured and to for or upon no other use intent or purpose whatsoever and subject to the said term of one thousand years hereinbefore mentioned I give and devise unto my Eldest Son the said Thomas Wentworth Beaumont all and every my messuages farms lands tenements Tithes and hereditaments whatsoever situate and being at Woodhall Birstall Skelmanthorpe Woolsalt Wakefield <Armley> Cleckheaton Wibsey Gomersall and Pudsey or elsewhere in the County of York and all other my real Estate whatsoever and wheresoever whether in possession <reversion> remainder or expectancy or otherwise howsoever not hereinbefore by me limited settled or otherwise disposed of To hold the same unto my said Son Thomas Wentworth Beaumont his heirs and assigns for ever 



and I do will and declare that the said term of one thousand years hereinbefore limited to the said Charles <Broderick> Richard and Edward Blackett Beaumont their Executors administrators and assigns is so limited to them upon trust that in case the said several legacies or sums of fifty thousand pounds each hereinbefore limited or bequeathed to or for the benefit of my said seven younger children and the Interest thereof shall not be paid by my said Son Thomas Wentworth Beaumont within the time and in the manner before mentioned then and in such case it shall and may be lawful to and for the said Charles <Broderick> Richard and Edward Blackett Beaumont or the survivors or survivor of them or the Executors or administrators of such survivor by sale or mortgage of all or any part of the said Manors messuages lands Tenements advowsons tithes and heriditaments comprised in the said <term> or by and out of the rents and profits thereof to levy and raise such sum and sums of money as shall be necessary to pay off and discharge the said several legacies or sums of fifty thousand pounds each [asterisked marginal note: so bequeathed to or for the benefit of my said seven younger children as aforesaid and the interest thereof or so much thereof as shall remain unpaid and unsatisfied by my said Son Thomas Wentworth Beaumont and all costs charges and expenses in any wise relating to the raising and payments thereof provided always and I do further <order> and direct that when and as soon as the said several legacies or sums of fifty thousand pounds each]   and the Interest thereof for my said younger children shall be raised paid and satisfied by my said Son Thomas Wentworth Beaumont his heirs Executors administrators or assigns at the times and in the manner hereinbefore mentioned according to the true Intent and meaning of this my Will and when the trusts of the said term shall be fully discharged then the said term of one thousand years shall cease and determine and I do further will and declare that the receipt or receipts of the said Charles <Broderick> Richard and Edward Blackett Beaumont their Executors or administrators or other the trustees or trustee for the time being of the said term shall be good and sufficient discharge and discharges to any purchaser or purchasers mortgagee or mortgagees of the hereditaments and premises so to be sold or mortgaged as aforesaid for his or their purchase or mortgage money be for so <much> thereof as in such receipt or receipts shall be acknowledged or expressed to be received and that after such receipt or receipts shall be given such purchaser or purchasers mortgagee or mortgagees his or their heirs Executors administrators or assigns shall in no wide be answerable or accountable for any loss misapplication or nonapplication of his or their purchase or mortgage monies or any part thereof nor be obliged to see to the application thereof or any part thereof and I do further will and declare that the several trustees appointed by this my will shall not be charged or chargeable with more money that they respectively shall actually receive nor for the failure of any Banker Broker or other person with whom or in whose hands the several trust monies hereinbefore mentioned or any part thereof shall or may be deposited or lodged for safe custody nor for any loss or damage which may happen to my Estate except the same happens by or through their or one of their wilful neglect or default and also that it shall and may be lawful for my said several trustees or trustee for the time being from time to time by and out of any monies which shall come to their hands in pursuance of the trusts hereof to deduct and retain all such costs charges and expenses as they shall respectively incur or sustain by virtue of the trusts hereby in them respectively reposed and subject to and chargeable with the payment of all and every my just debts funeral and testamentary expenses and the several legacies or sums of money hereinbefore by me bequeathed and limited to or for the benefit of my said younger children as hereinbefore mentioned I give and bequeath all my ready money money out at Interest upon mortgages Bonds notes or any other securities also all my household furniture plate linen china horses