Will of
John 
Wallis
(
Prickett
) 1742 - 1826, 8th Oct 1822

proved 3 Aug 1826


Reference: PROB 11/1716/20
Description: Will of John Wallis of York , Yorkshire
Date: 03 August 1826
[1st file ]

This is the last will and testament of me John Wallis of the City of
York Esquire made and published this eighth day of October 1822 in the
year of our Lord one thousand eight hundred and twenty two First I
direct all my just debts and funeral expenses to be paid and satisfied
I give and devise all those my closes or parcels of ground situate at
Clifton in the County of York adjoining a xxx land called Burton
Stxxxx Lxxx xxxaining by estimation seven acres or thereabouts now in
the occupation of my son Edward Wallis together with the appurtenances
thereunto belonging and all other my real estate whatsoever and
wheresoever (save and except the lands and hereditaments belonging to
me situate at Newark in the County of Nottingham) unto and to the use
of my son Edward Wallis his sons and assigns forever and I give and
bequeath unto my said son Edward Wallis the sum of two thousand five
hundred pounds to be paid to or xxx by him within six calendar months
next after my decease with interest after the rate of four pounds per
xxx per annum for the same from the time of my death until payment
thereof and I declare that the xxx and bequest hereinbefore made to my
said son Edward Wallis and to be xxx and taken by him in full
satisfaction and discharge of all monies received by me at the sale of
a messuage lands and premises at Fulford which belonged to him I give
and bequeath unto my daughter Elizabeth Wallis the sum of five
thousand pounds to be paid to her by my executors hereinafter named
within six calendar months next after my decease with interest for the
same after the rate of four pounds per xxx per annum from the time of
my death until the payment thereof I also give unto the said Elizabeth
Wallis the sum of two hundred pounds to be paid to her by my said
executors as soon after my death as soon as conveniently may be I give
and bequeath unto my said son Edward Wallis and my nephew Marmaduke
Thomas Prickett of the town of Kingston upon Hull gentleman the
executors and administrators the sum of five thousand pounds to be
paid to them within six calendar months next after my decease with
interest for the same after the rate of four pounds for xxx one
hundred pounds for a year from the time of my death until payment
thereof upon trust xxx they the said Edward Wallis and Marmaduke
Thomas Prickett or the survivor of them his executors or
administrators do and shall lay out and invest the same sum in or upon
government real or other good securities at interest and do and shall
charge and vary the stocks funds and securities in or upon such monies
shall from time to time be invested either as occasion may require or
as he or they in their discretion shall think fir and upon further
trust that the said Edward Wallis and Marmaduke Thomas Prickett or the
survivor of them his heirs or administrators do and shall from time to
time during the life of my daughter Mary Ann Lambert the wife of John
Beevor Lambert of the town of Kingston upon Hull aforesaid merchant
xxx and take the dividends interest and income of the said trust
monies stocks funds and securities and stand and be possessed thereof
in trust for the sole use of the said Mary Ann Lambert separate and
apart from and and wexclusive of her said prfesent or any future
husband so and in such manner that the same may not be under his xxx
or subject or liable to his debts contracts or engagements and so and
in such manner that the receipts of the said Mary Ann Lambert or any
person or persons whom she may appoint to receive the same may be good
and effectual discharge for the money thereby xxx to be received yet
nonetheless so that the said Mary Ann Lambert may not anticipate
thereon or assign all or any part of the same dividends interest and
income before the same shall become due and payable and from and after
the decease of the said Mary Ann Lambert in case the said John Beevor
Lambert shall be then living upon trust that they the said Edward
Wallis and Marmaduke Thomas Prickett or the survivor of them his
executors or administrators do and shall pay the interest dividends
and yearly proceeds of the said trust monies stocks funds and
securities unto the said John Beevor Lambert or permit the same to be
received by him or such person or persons as he shall by xxx under his
hand appoint to receive the same during actual life and from and after
the decease of the survivor of the said John Beevor Lambert and Mary
Ann Lambert upon trust that they the said Edward Wallis and Marmaduke
Thomas Prickett or the survivor of them his executors or
administrators do and shall pay transfer and assign the said sum of
five thousand pounds and the stocks funds and securities whereon the
same shall be then invested unto and amongst all and every the child
and children of the said Mary Ann Lambert by the said John Beevor
Lambert to be divided between or amongst them share and share alike
and to be vested in such of the same children as shall be a son or
sons when and as he and they respectively shall attain his or their
age of twenty one years or died under that age leaving xxxx living at
his or their death or respective deaths and in such of the same
children as shall be a daughter or daughters when as as she and they
repsectively shall attain her or their age or respective ages of
twenty one years or day or respective days of marriage (which as to
each of them respectively shall first happen) and to be payable and
paid as soon after the said respective age of days shall be attained
and also after the death of the survivor of the said John Beevor
Lambert and Mary Ann Lambert as xxxx may be and upon further trust
that in case any one or more of the said children of the said Mary Ann
Lambert being a son or sons shall die under the age of twenty one
years without having any issue of his or their body or respective
bodies living at his or their death or respective deaths or being a
daughter or daughters shall die under that age and before she or they
shall have been married then the said Edward Wallis and Marmaduke
Thomas Prickett or the survivor of them his executors or
administrators do and shall pay assign and transfer the original share
or shares of the said trusts monies stocks funds and securities which
more


[2nd file 3 pages]

or by the virtue of the trusts hereinbefore contained shall belong to
the child or children respectively who shall die as aforesaid and also
that part or share or those parts or shares if any of and in the same
trust monies stocks funds and securities which shall from time to time
belong to or be taken by the same child or children under this present
provision unto the other (or if more than one the others) of the same
children equally to be divided amongst them if more than one share and
share alike and to his her or their executors administrators and
assigns to be xxx at the severalxxx days or times hereinbefore
appointed respectively for the original share or shares and to be paid
transferred or assigned at the time or several times appointed for
payment transfer or assignments of the same respectively and as soon
after the death of such child so dying as aforesaid as xxx may be and
I do hereby xxx declare and direct that it shall and may be lawful for
the said Edward Wallis and Marmaduke Thomas Prickett and the survivor
of them his executors or administrators from and after the xxx of the
survivor of them the said John Beevor Lambert and Mary Ann Lambert to
apply the dividends interest and annual amount of the respective
shares of the children of the said Mary Ann Lambert of and in the said
trust monies stocks funds and securities in or towards his her or
their maintenance education and advancement in such manner as the
trustee or trustees shall think proper until the same shares shall
become payable I give and bequeath unto the said Mary Ann Lambert the
sum of three hundred pounds to be paid her within six calendar months
next after my decease and to be by her laid out and xxx in mourning
and xxx for herself and her family And I give and bequeath to my
grandson John Wallis Lambert the sum of fifty pounds I give and
bequeath the sum of four hundred pounds unto my said son Edward Wallis
and the said Marmaduke Thomas Prickett their executors admons and
assigns upon trust to place the same out upon securities at interest
and to pay the interest and annual proceeds thereof in and for the
maintenace and support of my grandson Charles Richard Lambert until he
shall attain the age of twenty one years and upon further trust when
my said grandson shall attain the said age to lay out and invest the
said sum of four hundred pounds in the names of the said Edward Wallis
and Marmaduke Thomas Prickett or the survivor of them his executors
administrators assigns in the purchase of an annuity or several
annuities for the life of him my said grandson and it is my will and
xx that the said annuity or annuities when purchased and also the
inrterest and annual proceeds of the said four hundred pounds in the
mean time shall from time to time as the same shall be received be
paid to my said grandson Charles Richard Lambert or otherwise applied
by the said trustees or trustee in and towards his maintenance and
support as they the said trustees or trustee may think proper and I
give and bequeath the sum of one hundred pounds unto the said Edward
Wallis and Marmaduke Thomas Prickett their executors administrators
and assigns upon trust to place the same out upon securities at
interest or in the public funds and to pay interest (by equal half
yearly amounts) the annual sum of five pounds unto my housekeeper Ann
Marshall during her natural life in case she shall be in my service at
the time of my death and from and after her decaese or in case she
shall have left my service at the time of my death I give and bequeath
the said sum of one hundred pounds or such part thereof as shall
remain after satisfying the said annual sum of five pounds unto the
said Edward Wallis anbd Marmaduke Thomas Prickett their executors
administrators and assigns upon such and the like trusts for the
benefit of my said grandson Charles Richard Lambert as one xxx
hereinbefore mentioned and declared with xxx to the said sum of one
hundred pounds hereinbefore given or bequeathed for his benefit as
thereinbefore given or bequeathed for his benefit as hereinbefore
mentioned provided always that in case my said grandson shall depart
this life under the age of twenty one years or before the whole of the
said trust monies shall be laid out in the purchase of an annuity or
annuities for his benefit as aforesaid then and in such case the said
several sums of four hundred pounds and one hundred pounds or such
part thereof as shall not have been laid out under the trusts
hereinbefore contained shall sink into and become part of the residue
of my personal estate but subject nevertheless and without prejudice
to the payment after the said annual sum of five pounds to the said
Ann Marshall for her life as aforesaid I give and bequeath to my
nephew the said Marmaduke Thomas Prickett the sum of twenty pounds for
the trouble he may have in the execution of the trusts of this my will
and I also give and bequeath to Thomas Wilson Esquire Alderman of the
City of York to the Reverand John Graham of the said City to my
brother in law Captain Thomas Prickett to my niece Mrs Hearon wife of
Mr Alderman Hearon and to my niece Clare the daughter of my late
brother Robert Wallis the sum of ten guineas apiece for a mourning
ring and I also give and bequeath unto Robert xxx of Sheffield in the
County of York doctor of medicine the sum of nineteen guineas and I do
direct the said several last mentioned legacies to be paid at the end
of six calendar months next after my decease I give and bequeath my
silver tea urn and silver tankard to my said daughter Mary Ann Lambert
for her own sole and separate use exclusive of her husband and I
direct xxx her benefit notwithstanding her xxx shall be a sufficient
discharge for the same and I direct that all and every legacies and
sums of money hereinbefore given and bequeathed shall be paid to the
respective legatees thereof free from the legacy duty payable in
respect of the same and that the whole of such legacy duty shall be
paid out of the residue of my personal estate and as to for and
remaining all the rest residue and remainder of my monies securities
for money plate linen china liquors household furniture goods chattels
personal estate and effects of what nature or kind soever which shall
remain after payment of my just debts the abovementioned legacies and
charges and my funeral and testamentary expenses I give and bequeath
one moiety or half part thereof unto my said son Edward Wallis and I
give and bequeath the other moiety or half part thereof unto my said
son Edward Wallis and the said Marmaduke Thomas Prickett their
executors administrators and assigns upon oath and few like trusts
nonetheless for the benefit of my said daughter Mary Ann Lambert her
husband and children as are hereinbefore exxxxxx and seal and xxxing
the said sum of five thousand pounds hereinbefore given and bequeathed
to the said Edward Wallis and Marmaduke Thomas Prickett for their
benefit as hereinbefore xxxed I give and devise all my lands xxx and
hereditaments situate and being at Newark in the County of Nottingham
unto the said Edward Wallis and Marmaduke Thomas Prickett their heirs
and assigns upon trust nonetheless that they the said Edward Walis and
Marmaduke Thomas Prickett or the survivior of them or the executors
administrators or assigns of the survivor shall and do as soon as
conveniently may be after my decease sell and dispose of the said
lands grounds and hereiditaments either xxx or in parcels and xxx by
public auction or private contract at or for the best price or prices
that can or may be had or obtained for the same And I hereby declare
that the receipt or receipts of my said trustees or the survivor of
them or the exceutors administrators of such survivor shall be xxxx
discharged to the purchaser or purchasers of the said premises or any
part thereof for his her or their purchase monies and that such
purchaser or purchasers shall not afterwards be answerable or
accountable for any misapplication or nonapplication of such purchase
money so received or any part or parts thereof And I will and direct
that the said Edward Wallis and Marmaduke Thomas Prickett their
executors administrators and assigns shall stand possessed of and
intrested in the monies which shall arise and be produced by the sale
or sales upon such and the same trusts for the benefit of my said
daughter Mary Ann Lambert her husband and children as are hereinbefore
mentioned and declared xxxing the said sum of five thousand pounds and
the one moiety of the residue of my personal estate hereinbefore given
and bequeathed to the said trustees for their benefits as aforesaid
and whereas my own son in law John Beevor Lambert is indebted to me in
a considerable sum of monet on mortgage of houses and hereditaments
belonging to him in yje town of Kingston upon Hull and is also
indebted to me in a sum of money upon his note of hand and I may
hereafter advance to him further sums of money to assist him in
business or for other purpose now it is my will and mind and I do
hereby declare and direct that whatever monies the said John Beevor
Lambert shall stand indebted to me at the time of my death and the
securities for the same respectively shall go towards making up the
said sum of five thousand pounds hereinbefore bequeathed to the said
Edward Wallis and Marmaduke Thomas Prickett in trust for my own
daughter Mary Ann Lambert her husband and family as aforesaid and the
rest of my personal estate shall contribute only to make up such
xxxxxxx said sum of five thousand pounds as the difference between
that sum and the monies which shall be owing xxx by the said John
Beevor Lambert at the time of my death as aforesaid will amount to and
as it may bexxx to trhe said John Beevor Lambert to pay the monies
that may be owing me from him as aforesaid I do hereby declare and
direct that it shall and may be lawful for the said Edward Wallis and
Marmaduke Thomas Prickett or the survivor of them or the xeecutors
admninistrators or assigns of the survivor if they or he shall think
proper to permit the said monies to remain xxx John Beevor Lambert
upon the securities for the same that I may hold at the time of my
death or otherwise give up and release the said mortgage and
securities and lend the monies owing thereon or on any part thereof to
be paid John Beevor Lambert upon the security of his bond or such xxx
security or securities and for such length of time as they the said
Edward Wallis and Marmaduke Thomas Prickett or the survivor of them
his executors administrators or assigns shall think proper any thing
in this my will hereinbefore contained to the contrary the xxx in any
xxx notwithstanding provided always and I do also declare and direct
that in case any of the trustees appointed by thgis my will or any
triustee or trustees to be appointed under the present provision in
their or any of their xx shall depart this life or being desirous of
being discharged from the aforesaid trusts or shall xxx or become
incapable to act therein before the same shall be fully performed that
then and in that case and as soon and as often as the same shall
happen it shall and may be fully performed then and be lawful for the
acting trustee or trustees for the time being or the heirs executors
or administrators respectyively for the last acting trustee to
nominate aqnd appopint any fit person or persons to supply the place
of the trustee or trustees respectively so dying desiring to be
discharged xxxx or becoming incapable at act as aforesaid and that
immediately after every such appointment the trust estates monies
stiocks funds and securities then vested under and by virtue of this
my last will in the said last executors truistee or trustees shall be
conveyed assigned and transferred as and in such manner that the same
may xxx xx such now trustee or trustees jointly with the surtviving or
continuing trustee or solely as the last of all xxx and in this his or
their heirs executors administrators and assigns upon the trusts
hereinbefore xxx xxxing the same and that every such new trustee or
trustees shall and may have the same powers privielges and xxx in all
respects as if he had been appointed a trustee in this my will



[3rd file 2+ pages]
provided always and I further declare and xxx that none of the
trustees hereby appointed and from time to time to be appointed by
virture of the provision last hereinbefore contained shall be
answerable for or for the acts xxxx or defaults of the other or others
of them or for involuntary losses or any money in the xxxx for which
they shall join for conformity only and the the said present and
future trustees shall and may xxx xxx themselves and xxx xxxx all xxx
xxx damages and xxxx to be insured in or about the execution of the
aforesaid trusts or in relation hereto And lastly I do hereby
institute? and appoint the said Edward Wallis and Marmaduke Thomas
Prickett executors of this my will in witness whereof I the said John
Wallis the testator have to tyhis my last will and testament written
on xxx sheets of paper set my hand and seal (to wit) my hand to the
bottom of eah of the eight last sheets and my hand and seal to this
last sheet the day and year first before written John Wallis signed
sealed and punblished and declared by the said testator John Wallis as
and for his last will and testament in the presence of us who at his
request in his presence and in the presence of each other have
subscribed our names as witnesses hereto John Weatherall William
Howley William Gaines

This is a codicil to the last will and testament of me John Wallis
late of the City of York but now of Sulcoates in the County of York
Esquire bearing date the eighth day of October one thousand eight
hundred and twenty two which I direct may be annexed thereto and taken
as part thereof whereas in and by my said will I have given and
bequeathed the sum of one hundred pounds unto Edward Wallis and
Marmaduke Thomas Prickett their executors administrators and assigns
upon trust to place the same out upon xxx at interest xxx public funds
and to pay interest (by equal half yearly payments ) the actual sum of
five pounds unto my xxxx Ann Mansell (?) during her natural life xxx
should be in my service at the time of my death and from and after xxx
decease or in case she should have left my service at the time of my
death I gave and bequeathed the said sum of one hundered pounds or
such part thereof as should remain after satisfying the said annual
sum of five pounds unto teh said Edward Wallis and Marmaduke Thomas
Prickett their executors administrators and assigns upon sxxx and the
like xxxx for the benefit of my grandson Charles Richard Lambert as
now thereinbefore mentioned and orxxx with xxx to a xxx sum of four
hundred pounds hereinbefore my me given and now bequeathed for his
benefit as hereinbefore mentioned and whereas since the xxx and
execution of my said will I the said John Wallis have given xxx and am
now xxx with my son in law John Beevor Lambert of Sculcoates aforesaid
inxxx whereof the said Ann Marshall late left my service now therefor
I do hereby xxx and it my will and xxx that the said Edward Wallis and
Marmaduke Thomas Prickett their executors administrators and assigns
shall xxx possessed of and xxx in the said sum of one hundred pounds
u[pon trust to pay the said annual sum of five pounds unto the said
Ann Marshall during her life notwithstanding she has left my service
and from and after her decease I give and bequeath the said sum of one
hundred pounds or xxx part thereof as shall remain after saistifying
the payment of the said annual sum of five pounds unto the said Edward
Walllis and Marmaduke Thomas Prickett their executors administrators
and assigns upon such and teh like trusts for the benefit of my sdaid
grandson Charles Richard Lambert as xxx in by my said will xxx and
declared in witness whereof I have this codicil subscribed my hand and
set my seal this eleventh day of November in the year of our Lord one
thousand eight hundred and twenty five John Wallis signed sealed
published and declared by the said John Wallis as for a codicil to be
annexed to his will and taken as part thereof in the presence of us
who Proved at London with a codicil 3 have hereunto subscribed our
names as witnesses thereto William Gaines Mary Hutton
Proved at London with a codicil 3rd August 1826 before the judge by
the oaths of Edward Wallis and Marmaduke Thomas Prickett the Executors
to whom admon was granted having first been sworn by Coxxxx duly to
administer.