This is the last Will and Testament of me Ralph Daykin of Nappa Scarr in the parish of Aysgarth in the County of York Farmer, made this eleventh day of September one thousand eight hundred and sixty five. First I order and direct the payment of all my just debts funeral and testamentary expences by my Executors........hereinafter named as soon as conveniently may be after my decease I give and bequeath unto my two sons Jonathan Daykin and John Dixon Daykin and my son in law William Atkinson and the survivors and survivor of them and the executors or administrators of such survivor....the sum of four hundred pounds In Trust to invest or place out the same at Interest on such security or securities as they my said executors or the surivors or survivor of them or the trustees or trustee for the time being of this my will shall or may think proper and satisfactory and from time to time to alter or vary such securities as occasion may require and In Trust to pay the annual Income or proceeds therefrom arising to my Wife Elizabeth Daykin by two even and equal half yearly payments at Mayday and Martimas in each year during the term of her natural life providing she shall so long continue my widow but not otherwise the first of such payments to begin and be made six calendar months next after my decease And from and immediately after the decease or second marriage of my
...............p2 missing (it's there, but I've sifted through these papers so many times it'll have mixed)...will fix a.s.a.p
Upon such trusts and for such Ends intents and purposes as they my said sons Jonathan Daykin and John Dixon Daykin and my son in law William Atkinson or the survivors or survivor of them or the heirs or sequels in right of such survivor shall by any Deed or Deeds to be by them or him executed in the presence of and attested by one credible witness or more at any time or times and from time to time during the term or period of three years computed from the day of my decease direct or appoint and in default of such direction or appointment and so far as the same shall not be a complete disposition of the ingeritance of the said copyhold hereditaments or of my Estate and interest therein To the use of them my said sons Jonathan Daykin and John Dixon Daykin and my son in law William Atkinson their heirs sequels in right and assigns for all my Estate and Interest therein Upon Trust nevertheless to make sale and absolutely dispose of the said hereditaments and promises in manner hereinbefore directed and to surrender convey or otherwise assure the same when sold in such manner as the purchaser or purchasers thereof shall require or direct And I do hereby direct and declare that the proceeds arising from the sale of my said Copyhold hereditaments and premises shall sink into and form part of the residue of my personal Estate I give and bequeath to my said Wife Elizabeth Daykin my Best Bed Bedstead and Bedding together with such other Articles of Household furniture as she may select or think necessary and sufficient to furnish a small cottage (if she my said Wife shall elect to do so) to and for her own absolute use and benefit I give and bequeath to each of my two sons Ralph Daykin and Jonathan Daykin and to my Daughter Phillis Daykin one Feather Bed and Bedstead and Bedding for the same And as to all the rest and residue of my Household furniture and effects (except what may be taken by my said Wife as hereinbefore mentioned) I give and bequeath the same unto and equally amongst them my said sons and Daughter Ralph Daykin Jonathan Daykin and Phillis Daykin absolutely I give and bequeath to my said son Jonathan Dayking the tenant right benefit or interest I may possess or be entitled to in the farm I occupy at the time of my decease and the horse or horses which I may die possessed of and Implements of husbandry of every description to and for his own use and benefit And I do hereby desire and direct that all my farming stock both live and dead be offered to my said son Jonathan Daykin at such price as shall be arrived at or fixed upon by the Arbitrator or Valuation of two indifferent persons one to be chosen by my said son Jonathan Daykin and the other to be chosen by my said son John Dixon Daykin and my son inlaw William Atkinson and in case such two persons so chosen as Arbitrators as aforesaid cannot agree upon the amount to be paid for the same the matter shall be reffered to the decision of an Umpire to be chosen by such two persons before they enter upon the consideration of the matters referred to them whose decision shall be final and conclusive And I direct that the amount of such valuation shall go towards and form part of the share or interest (whether in the whole or part as the case may be) of my said son Jonathan Daykin under this my will and in case such Valuation shall amount to more money than the share or interest of my said son Jonathan Daykin he shall pay the amount of such excess to the Trustee or Trustees for the time being of this my will I give to my Grandaughter Jane Chapman shall happen to die before attaining her said age of twenty one years without leaving lawful Issue her surviving then the said Legacy so given to her as aforesaid shall lapse and sink into and form part of the residue of my personal Estate And whereas my son Joseph Daykin is indebted to me in the sum of one hundred pounds for money lent on promissory note with two years interest due thereon in March last and also in the further sum of about fifty pounds being the balance of an account between us I hereby direct and declare that the said sums or such other sum or sums of money as shall or may be due or owing from him to me at the time of my decease shall be deducted from the share and Interest of my said son Joseph Daykin under this my will I give and bequeath to each of my sons Joseph Daykin Jonathan Daykin Ralph Daykin and John Dixon Daykin the legacy or sum of one hundred pounds one moiety or sum of fifty pounds part thereof to be paid to each of them at the expiration of twelve calendar months next after my decease and the remaining moiety or sum of fifty pounds to be paid to them at the end of six calendar months mext after the death or second marriage of my said wife I give and bequeath to each of my Daughters Mary the wife of James Pickersgill Jane the wife of William Atkinson Esther the wife of Richard Trotter Rose Ann the wife of William Horn and Phillis Daykin the legacy or sum of twenty five pounds which said several last mentioned legacies or sums of money I direct shall be paid to my said Daughters at the end of twelve calendar months next after my decease And as to all my ready money and money upon any securities and all other the residue and remainder of my personal estate and effects whatsoever and wheresoever I give and bequeath the same to all my said children in equal shares and proportions Provided always and I do hereby direct and declare that in case anyone or more of my said children or grandchild shall happen to die before becoming entitled to his or her legacy share or interest under this my will leaving lawful issue him her or them surviving such issue (if more than one) shall be entitled to their deceased parents share in equal shares per ? and if there shall be only one such issue then such only child shall be entitled to his or her deceased parents share And I hereby further declare that every receipt which shall be given by my said trustees or the survivors or survivor of them or the trustee or trustees for the time being of this my will for any money which shall come to their or his hands or hand respectfully by virtue or in pursuance of the trusts of this my will shall effectually discharge the person or persons paying the same from all responsible in respect of the application thereor Provided also an I hereby further declare and devise that in case the trustees hereby appointed shall or become unable or unwilling to act or in case shall be deemed advisable to increase the number of trustees it shall be lawful for my said sons Jonathan Daykin John Dixon Daykin and my son in law William Atkinson or the survivor or survivors of them their or his executors and administrators by any deed or deeds under [their] or his hands or hand respectively to appoint a new trustee or trustees and such new trustee or trustees when so appointed shall have the same [ ] as are hereby given to them my said sons Jonathan Daykin, John Dixon Daykin and my son in law William Atkinson.
Provided also and I hereby lastly declare and direct that the trustees for the time being of this my will shall not be responsible for any involuntary loss nor for the acts or receipts of each other And further that it shall be lawful for the said trustees or trustee for this time being to retain all costs and expenses incurred in the execution of the trusts of this my will or in relation thereto I give and devise unto them my said sons Jonathan Daykin John Dixon Daykin and my son in law William Atkinson their heirs and assigns All Estates vested in me upon any Trust or by way of Mortgage Upon the Trusts nevertheless and subject to the equities of redemption subsisting or capable of taking effect in the same respectively And lastly I hereby appoint my said sons Jonathan Daykin John Dixon Daykin and my son in law William Atkinson joint trustees and executors of this my will and hereby revoke all former or other wills by me at any time heretofore made In Witness whereof I have to this and the four preceeding sheets of paper hereto annexed subscribed my name on the day and in the year first before written
signed published by the said Testator Ralph Daykin as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses
Geo Winn .................. Geo Winn Jr
Proved in Her Majesty's Court of Probate The District Registry at York on the twenty first day of May one thousand eight hundred and sixty nine by Jonathan Daykin and John Dixon Daykin the sons of the said deceased and William Atkinson the Executors named in the said will.
Effects sworn under £1000
Testator died on the 13th day of March 1869