Will of Samuel Softley

of Startforth, Boldron, Yorkshire attested 08 Apr 1838

In the name of God Amen, I Samuel Softley of North Fields in the Parish of Startforth in the County of York. Farmer, do make and publish this my last Will and Testament revoking all former Wills made by me in form and manner following. That is to say I give and bequeath unto my Son Edward Softley the large House and Cottage behind the same with one half of the Garden Situated at Newsham in the Parish of Kirby Ravensworth and County of York. I give also unto my Son William Softley the other two Cottages with one half of the Garden situated as above. I give unto my Daughter Maria Kay Nine Pounds p[e]r Annum to be paid Quarterly if she requires the same out of the above Property left to my two Sons for her sole use and seperate purposes, independant of her Husband he to have no benefit whatever arising from the said Annuity. And at my decease I order that my Trustees (to be hereafter named) do make a Public Sale and dispose of the remainder of my Property saving and excepting the Household Furniture, Beds, Bedding and all things there belonging, which I give and bequeath unto my Daughter Maria Kay during the Term of her natural life, and at her Decease I give the same unto my surviving children. I also order and ordain that after all my Just Debts Funeral Expenses proving this my Will etc be paid the residue of the Money arising from the Sale, be equally divided between my two Sons Edward and William Softley and my two Trustees, my Trustees to take one third of the said Money so arising from the sale for the benefit of my Daughter Maria Kay to be by them given to my said Daughter as need requires, but in no case whatever to be given for the use or benefit of the Husband of the said Maria Kay. And at the Decease of my Daughter Maria Kay and of my two Sons Edward & William Softley my Real Property at Newsham I give and bequeath unto my Grandchildren to be equally divided between them share and share alike. And I appoint James Swetnam of Gayles in the Parish of Kirby Ravensworth and Samuel Softley, Hatter, Barnard Castle Trustees to this my said Will. In Witness whereof I have hereunto set my Hand and Seal this Eight day of April in the Year of our Lord one thousand eight hundred and thirty eight

Samuel Softley

Signed, Sealed, Published and declared by the said Testator Samuel Softley 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 thereto
William Softly
William Leng

I also further order that if the Annuity bequeathed to my Daughter before specified be not punctually paid to her I then authorise my Trustees to take the said Property left to my Sons into their own Possession and to act as tho the Property had actually been left to them and the remainder (if any) after the Annuity is paid to be remitted to my said Sons equally between them. In Witness whereof I have hereunto set my Hand and Seal this Eight day of April in the Year of our Lord one thousand eight hundred and thirty eight

Samuel Softley

Signed, Sealed, Published and declared by the said Testator Samuel Softley 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 thereto
William Softly
William Leng

Proven: 10 Jan 1845 at Archdeaconry of Richmond

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