Kirkby Malzeard & Laverton

Will of Ellen Richmond of Mowbray Cottage,

This is the last Will and Testament of me
Ellen Richmond of Mowbray Cottage

near Kirkby Malzeard in the County or York, Spinster. I revoke all former Wills.

I appoint my Brother William Richmond and Henry Calvert of Masham in the said
County, Solicitor to be the trustees and executors hereof and they and the survivor
of them and other the trustees and any the sole trustee for the time being hereof are
and is hereinafter referred to as “my trustees”, when that expression is used.

I devise all that my messuage or dwellinghouse called “Mowbray Cottage” aforesaid
with the outbuildings and closes or parcels of land belonging thereto devised to me
by my late father David Richmond and all other my messuages lands tenements
and hereditaments of every tenure and wheresoever situate, hereinafter described as
my “real estate” To the use of my said trustees Upon trust to keep the same in good
substantial repair and the buildings insured against fire in an adequate amount and
to pay to or a????? permit my Mother Jane Richmond to receive the net rents and
profits of my real estate during her life and on her decease to pay to or otherwise
permit my Brothers Thomas, William, Joseph and Edward and my Sisters
Margaret, Elizabeth, Susannah and Martha to receive the net rents and profits of
my real estate in equal shares during their joint lives and on the death of each
of them without leaving any child or children surviving to pay his or her share of
the said rents and profits to the survivor of them during their joint lives and to the
last survivor of them during his or her life.

Nevertheless on the death of any (except the last survivor) of my said Brothers and
Sisters leaving a child or children surviving to pay his or her share of the said rents
and profits whether original or accrued to his or her executors or nominees until
the death of the last survivor of my said Brothers and Sisters to be disposed of as
part of the personal estate of such Brother or Sister, And on the death of the last
survivor of my said Brothers Thomas, William, Joseph and Edward and of my said
Sisters Margaret, Elizabeth, Susannah and Martha Upon trust to sell all my real
estate and to receive the sale monies and the rents until sale and pay the surplus
thereof after deducting their expenses to or among such of the children of my said
Brothers Thomas, William, Joseph and Edward, and of my said Sisters Susannah
and Martha living at the decease of the survivor of my said Brothers Thomas,
William, Joseph and Edward and if my said Sisters Margaret, Elizabeth, Susannah
and Martha and such of the issue then living of the children of my said Brothers,
Thomas, William, Joseph and Edward, and if my said sisters Susannah and
Martha then deceased as either before or after the death of such survivor shall
being males or a male attain the age of twenty one years or being females or female
attain that age or be married to take if more than one as tenants in common in a
course of distribution according to the stocks and not to the number of the
individuals, the issue if a deceased child taking by substitution as tenants in common
to the share only which their parent would be if living have taken And if there shall
not be any such child or issue then to dispose of the same sale moneys as the
survivor of my said Brothers Thomas, William, Joseph and Edward and of my said
Sisters Margaret, Elizabeth, Susannah and Martha shall by deed or Will appoint
and in default of appointment to dispose thereof as part of their personal estate of
such survivor.

I give my wearing apparel, jewellery ornaments of the person and other personal
chattels to my said Sisters Margaret, Elizabeth, Susannah and Martha as nearly as
may be in equal shares and if any question shall arise respecting the division thereof
the decision of my trustees shall be final and conclusive.

I bequeath the residue of all my personal estate to my trustees Upon trust to convert
into money, collect, recover and get in the same and after paying all my funeral and
testamentary expenses and debts and paying and retaining all the costs, charges and
expenses of executing this trust to pay and divide the net residue of the moneys to
arise from my residuary personal estate to and amongst my said Brothers Thomas,
William, Joseph and Edward and my said Sisters Susannah and Martha in equal
shares, and if any of them shall die in my lifetime leaving issue any of whom shall be
living at my death, such issue living at my death shall take equally amongst them if
more than one the share which the respective parents would have taken if living at
my death.

I declare that I have made the before said provision for my said Brothers Thomas,
William, Joseph and Edward and my said Sisters Susannah and Martha in
consequence of the failure of the devises made to them by the Will of my said Father.

I direct that my said trustees may deduct and mutually allow to each other all
disbursements and expenses incidental to the execution of my Will and shall be
responsible each for his own acts and defaults only and irresponsible for losses
occurring without wilful neglect or default and shall be indemnified with or out of
my trust property against all liabilities consequential on the execution of my Will
And that the said Henry Calvert shall be the Solicitor to my trust property and that
he as well as any other trustee hereof who may be a Solicitor shall be allowed all
professional and other charges for his time and trouble which if employed as
Solicitor to my trustees not being himself a trustee he would be entitled to make.

In witness whereof I have hereunto set my hand this 28th day of May 1890 in the
presence of the undersigned Witnesses

Signed by the said Ellen Richmond in the presence of us present at the same time
who at her request in her presence and in the presence of each other have hereunto
subscribed our names as witnesses

John H Calvert, Solicitor, Masham
George V. Dawes his Clerk

Transcribed by Sheila K Douglas from the Making of Mashamshire’s
Edmundson and Gowland papers

Ellen went on to live to the age of 93. She died on 13th April 1936 and is
buried in Grewelthorpe Churchyard along with her sister Martha.

Ellen Richmond was baptised 12th December 1842 daughter of
David Richmond, Yeoman at Bramley Grange.

Ellen Richmond was a Sunday School teacher for 50 years.