Thomas Emsley 1880 Last Will & Testament
On the ninth day of July 1885, the Will of Thomas Emsley, late of Burley in Wharfedale, in the County of York, Esquire, deceased, who died on the ninth day of June at Burley in Wharfedale aforesaid was proved in Her Majesty’s High Court of Justice in the District Registry attached to the Probate Division thereof at Wakefield by the Oath of James Walker Oxley of Leeds in the said County, Banker, Harry Rouse of Firby Hall near Bedale in the said County, Esquire, the nephew of the said deceased, and Marmaduke D’Arcy Wyvell of Richmond in the said County, Esquire, the Executors named (in the said Will) they having been first sworn duly to administer.
Personal Estate £41,193 6s 1d Gross value
Under £37,883 13s 2d net
Resworn Dec. 1885 Gross £51,499 17s 9d
No Leaseholds
Extracted by Messrs Dunning Kay & Armstrong Solicitors Leeds
Personal Estate £41,193 6s 1d Gross value
Under £37,883 13s 2d net
Resworn Dec. 1885 Gross £51,499 17s 9d
No Leaseholds
Extracted by Messrs Dunning Kay & Armstrong Solicitors Leeds
Page 1
I Thomas Emsley of Burley in Wharfedale in the West Riding of the County of York Esquire hereby revoke all Wills and testamentary dispositions heretofore made by me and declare this to be my last Will bearing date the thirteenth day of November one thousand eight hundred and eighty. I appoint James Walker Oxley of Leeds in the County of York, Banker, and my nephew Harry Rouse of Firby Hall near Bedale in the same County, Esquire, and Marmaduke D’Arcy Wyvill of Richmond in the same County, Esquire, to be the Executors of my Will. And I bequeath to each of them who shall accept the said Office a legacy of five hundred pounds as an acknowledgement for his trouble in the execution of the trusts herein declared.
I bequeath to the following persons if they respectively shall be in my service at my decease and in addition to what may be then due to them respectively for wages the following legacies (that is to say) To my housekeeper Mrs Rebecca Bradley two hundred and fifty pounds for separate use free from marital control. To my Butler Andrew Grey two hundred and fifty pounds. To my Coachman George Henry Green fifty pounds. And to my Head Gardener Thomas Arrowsmith fifty pounds.
I bequeath to my Farm Servant Edward Oldfield a legacy of one hundred pounds. And I declare that the same shall be paid to him if living whether he shall be in my service at my decease or not and in case he shall die in my lifetime the said legacy shall be divided amongst his children living at my decease. I bequeath to Hannah Wilkinson who was formerly in my service an annuity of twenty six pounds during her life. And to Rachel Bowling of Askwith an annuity of twenty six pounds during her life. And to William Farrar of Rodley, Cloth Weaver, an annuity of twenty six pounds during his life. And to Hannah Chadwick of Bramley an annuity of twenty six pounds during her life. And I direct that the said annuities respectively be paid by weekly instalments of ten shillings and that the first payment shall be considered due on the Saturday next after my decease and that the said Annuities respectively be paid to the said Hannah Wilkinson, Rachel Bowling and Hannah Chadwick for their respective and separate use free from marital control and without power of anticipation. And I declare that the said Annuitants
I bequeath to the following persons if they respectively shall be in my service at my decease and in addition to what may be then due to them respectively for wages the following legacies (that is to say) To my housekeeper Mrs Rebecca Bradley two hundred and fifty pounds for separate use free from marital control. To my Butler Andrew Grey two hundred and fifty pounds. To my Coachman George Henry Green fifty pounds. And to my Head Gardener Thomas Arrowsmith fifty pounds.
I bequeath to my Farm Servant Edward Oldfield a legacy of one hundred pounds. And I declare that the same shall be paid to him if living whether he shall be in my service at my decease or not and in case he shall die in my lifetime the said legacy shall be divided amongst his children living at my decease. I bequeath to Hannah Wilkinson who was formerly in my service an annuity of twenty six pounds during her life. And to Rachel Bowling of Askwith an annuity of twenty six pounds during her life. And to William Farrar of Rodley, Cloth Weaver, an annuity of twenty six pounds during his life. And to Hannah Chadwick of Bramley an annuity of twenty six pounds during her life. And I direct that the said annuities respectively be paid by weekly instalments of ten shillings and that the first payment shall be considered due on the Saturday next after my decease and that the said Annuities respectively be paid to the said Hannah Wilkinson, Rachel Bowling and Hannah Chadwick for their respective and separate use free from marital control and without power of anticipation. And I declare that the said Annuitants
Page 2
Respectively shall not be allowed to have the value of the annuity in lieu thereof. And that my executors may either purchase such annuities from Government or any public company or may appropriate in their names in the investments hereinafter authorized a fund sufficient to answer by the income thereof the payment of the said annuities. And in the meantime they shall pay the said annuities out of my residuary estate but after such appropriation as aforesaid the annuities respectively shall be payable out of the appropriate fund exclusively, and in exoneration of my residuary estate and the appropriated fund shall subject to the payment of the said annuities form part of my residuary personal estate. I bequeath to Wilfred Skirrow of Addingham (son of John Skirrow of Addingham) the legacy of three thousand pounds. To Wilfred Skirrow late of Askwith but now living near Otley (son of the late Thomas Skirrow of Askwith) five thousand pounds. To Thomas Beanland Skirrow (son of the said Thomas Skirrow) three thousand pounds. To Edward Purser formerly of India but at present residing at Smyrna in Turkey five hundred pounds. To John Land of Burton Leonard near Ripon , Gentleman, one thousand pounds. To Miss Jane Edmondson of Saint Pauls Road Manningham Bradford one thousand five hundred pounds. And to Robert John Hudson of Woodlesford, Thomas Clifton Wilkinson of Newall Hall Otley, William Fison of Greenholme Burley in Wharfedale, John Walker Hartley of Ashfield House Otley, Edward Bond of Leeds, Solicitor, and John Dunning Kay of Leeds, Solicitor, each a legacy of one hundred pounds for a Mourning ring or other memento of our friendship. I bequeath the following charitable legacies that is to say. To the Bradford Infirmary one thousand pounds. To the Ilkley Convalescent Home one thousand pounds. To the Harrogate Bath Hospital one thousand pounds. To the Society for the Propagation of the Gospel in Foreign Parts two thousand pounds. To the Church of England Missionary Society six thousand pounds. To the Wesleyan Church of New Zealand three thousand pounds. To the Yorkshire College at Leeds for the purpose of endowing one or more Scholarships one thousand pounds. To the Coatham Convalescent Home five hundred pounds. To the British and Foreign Bible Society five hundred pounds. To the Foundling Hospital in London
Page 3
five hundred pounds. To the Royal National Life Boat Institution two hundred and fifty pounds. To the Leeds General Infirmary one thousand pounds. To the Leeds Public Dispensary five hundred pounds. To the Leeds Guardian Society Asylum and General Penitentiary five hundred pounds. To the Leeds Institution for Blind and Deaf Mutes five hundred pounds.. To the Leeds Tradesmen’s Benevolent Institution five hundred pounds. To the Leeds Hospital for Women and Children five hundred pounds. To the Leeds Social Improvement Society two hundred and fifty pounds. To the Leeds Benevolent or Strangers Friend Society two hundred and fifty pounds. To the Leeds House of Recovery two hundred and fifty pounds. To the Orphans Home Headingley two hundred and fifty pounds and To the Cookridge Convalescent Hospital five hundred pounds. I direct that the said Charitable legacies and the legacy duty thereon be paid exclusively out of such part of my personal estate as may lawfully be bequeathed for such purposes and in preference to any other payment thereout. And that the said legacies respectively be applied for the general purpose of the said charitable institutions respectively and that the receipt of the Treasurer for the time being of the said institutions respectively shall be a complete discharge to my executors for the said legacies respectively. I bequeath the sum of three thousand pounds to the said James Walker Oxley, Harry Rouse and Marmaduke D’Arcy Wyvill their executors and administrators Upon trust to invest the same and pay the income thereof to Sarah Skirrow (the daughter of the late Thomas Skirrow of Askwith) during her life for her separate use free from marital control and without power of anticipation. And from and after her decease as to both capital and income of the said trust fund upon trust for such of the children of the said Wilfred Skirrow (the son of the late Thomas Skirrow of Askwith) living at the death of the said Sarah Skirrow as shall being males attain the age of twenty one years or being females attain that age of be married under that age. I bequeath the sum of one thousand pounds to the said James Walker Oxley, Harry Rouse and Marmaduke D’Arcy Wyvill their executors and administrators Upon trust to invest the same and pay the income thereof to Edith Black (the
Page 4
daughter of the Reverend Charles Ingham Black during her life for her separate use free from marital control and without power of anticipation. And from and after her decease as to both capital and income of the said trust fund Upon trust for all and every such one or more exclusively of the other or others of the children of the said Edith Black as she shall by deed to be executed in the presence of and attested for by one or more witness or witnesses or by her last Will appoint. And in default of Appointment Upon trust for the children of the said Edith Black if more than one equally or the child if only one solely. And if there shall be no object of the preceding trust who shall acquire and absolutely vested interest. Then in trust for such persons or purposes and in such manner as the said Edith Black shall by deed to be executed in the presence of and attested by one or more witnesses or by her Will or being covert shall by her Will appoint. I bequeath the sum of five thousand pounds to the said James Walker Oxley, Harry Rouse and Marmaduke D’Arcy Wyvill their executors and administrators Upon trust for such of the children of my deceased Cousin Mary Bower (formerly Mary Berryman) living at my decease as shall being males attain the age of twenty one years or being females attain that age or be married under that age. I bequeath the sum of two thousand five hundred pounds to the said James Walker Oxley, Harry Rouse and Marmaduke D’Arcy Wyvill their executors and administrators Upon trust to invest the same and pay the income thereof to my Cousin Sarah Parker during her life for her separate use free from marital control and without power of anticipation. And from and after her decease as to both capital and income of the said trust fund Upon trust for such of the children of the said Sarah Parker living at her decease as shall being males attain the age of twenty one years or being females attain that age or be married under that age and in case the said Sarah Parker shall have no such child or children then I give the same to the children of my deceased cousin Mary Bower in like manner as before directed with respect to the before mentioned sum of five thousand pounds for their benefit. I bequeath the sum of three thousand pounds to the said James Walker Oxley, Harry Rouse and Marmaduke D’Arcy Wyvill their executors and administrators
Page 5
Upon trust to invest the same and pay the income thereof to Thomas Hogg of Middleham in the County of York during his life. And from and after his decease as to both capital and income of the said trust fund Upon trust for such of the children of the said Thomas Hogg living at his decease as either before or after his decease shall being males attain the age of twenty one years or being females attain that age or be married under that age I bequeath the sum of three thousand pounds to the said James Walker Oxley, Harry Rouse and Marmaduke D’Arcy Wyvill their executors and administrators Upon trust to invest the same and pay the income thereof to Doctor Thomas Land of Grove Terrace Leeds during his life. And from and after his decease as to both capital and income of the said trust fund Upon trust for his two sons Robert Turner Land and John Land in equal shares Provided always that if the said John Land shall die under the age of twenty one years the whole of the said trust fund shall go and belong to the said Robert Turner Land for his absolute use and benefit. I bequeath the sum of fifteen thousand pounds to the said James Walker Oxley Harry Rouse and Marmaduke D’Arcy Wyvill their executors and administrators Upon trust to invest the same and accumulate the income thereof until Mary Rouse the daughter of the said Harry Rouse shall attain twenty one or be married and from and after such period to pay the income thereof to her during her life for her separate use free from marital control and without power of anticipation. And from and after her decease as to both capital and income of the said trust fund Upon trust for all and every such one or more exclusively of the other or others of the children of the said Mary Rouse as she shall by deed to be executed in the presence of and attested by one of more witness or witnesses or by her last Will appoint. And in default of appointment Upon trust for the children of the said Mary Rouse if more than one equally or the child if only one solely And if there shall be no object of the preceding trust who shall acquire an absolutely vested interest Then in trust for such persons or purposes and in such manner as the said Mary Rouse being discovert shall by deed be executed in the presence of and attested by one or more
Page 6
witness or witnesses or by her Will or being covert shall by her Will appoint And in default of appointment then the whole fund shall fall into the residue of my personal estate I direct that all the legacies annuities and sums hereinbefore bequeathed be paid free from legacy duty. I bequeath to Mary Rouse the wife of the said Harry Rouse my Emerald and Diamond Pendant and after her death it is my with that if shall be given to her daughter the said Mary Rouse. I bequeath to Cunningham Rouse the second son of my nephew Harry Rouse all my silver plate, plated effects and other jewellery prints pictures and printed books and my collection of items Armour Weapons Guns and Rifles on his attaining the age of twenty five years. And in case of his death before attaining that age then I bequeath the same to Maxwell Emsley Rouse the eldest son of my nephew Harry Rouse on his attaining the age of twenty five years And in case of his death under that age the same shall sink into and form part of my residuary estate. And I direct that my executors may in the meantime take such means for the preservation thereof as to them may seem reasonable but that they shall not incur any responsibility whatever in consequence and shall be entitled to retain the cost and expense thereof out of my general residuary estate. I devise and bequeath all my real estate and chattels real situate at Rodley and Bramley in the County of York unto and to the use of the said James Walker, Harry Rouse and Marmaduke D’Arcy Wyvill their executors and administrators without impeachment of waste for the term of twenty one years computed from my decease of Maxwell Emsley Rouse the eldest son of the said Harry Rouse shall so long be living and under the age of twenty five years Upon trust during the said term to manage and order all the affairs of my said estates at Rodley and Bramley aforesaid as regards letting occupation – cultivation repairs insurance against fire receipt of rents indulgences and allowances to tenants and all other matters and with power in the execution of the trust to grant Building repairing improving mining or other leases for such terms of years at such rents and generally on such conditions as the said trustees shall deem advantageous and either taking or not taking fines or premiums And upon further trust after payment of all outgoings and expenses to invest the
Page 7
Net rents profits and proceeds of the said states in the names of my said Trustees in Consolidated three per cent Annuities and not in any other kind of investment and accumulate the same and the resulting income thereof by like investments from time to time until the expiration or sooner determination of the said term And from and after the expiration or sooner determination of the said term I devise and bequeath the said real estate and chattels real at Rodley and Bramley aforesaid and the said accumulated fund unto and to the use of the said Maxwell Emsley Rouse his heirs executors and administrators if he shall live to attain the age of twenty five years But if he shall die under the age of twenty five years the said estates and accumulated fund respectively shall be upon trusts and subject to provisions in favour of Cunningham Rouse corresponding with the trusts and provisions next hereinafter contained as respects the estates at Burley in Wharfedale and Ilkley I devise all my real estates and chattels real situate at Burley in Wharfedale and Ilkley I devise all my real estates and chattels real situate at Burley in Wharfedale and Ilkley in the County of York unto and to the use of the said James Walker Oxley, Harry Rouse and Marmaduke D’Arcy Wyvill their executors and administrators without impeachment of waste for the term of twenty one years computed from my decease if Cunningham Rouse the second son of the said Harry Rouse shall so long be living and under the age of twenty five years Upon trust during the said term to manage and order all the affairs of my said estates at Burley in Wharfedale and Ilkley aforesaid as regards letting occupation cultivation repairs insurance against fire receipt of rents indulgences and allowances to tenants and all other matters and with power in the execution of this trust to grant building repairing improving mining or other leases for such terms of years at such rents and generally on such conditions as the said trustees shall deem advantageous and either taking or not taking fines or premiums And upon further trust after payment of all outgoings and expenses to invest the net rents profits and proceeds of the said estates in the names of the said Trustees in New Three per cent annuities and not in any other kind of investment and accumulate the same
Page 8
And the resulting income thereof by like investments from time to time until the exploration or sooner determination of the said term And from and after the expiration or sooner determination of the said term I devise and bequeath the said real estate and chattels real at Burley and Ilkley aforesaid and the said accumulated fund unto and to the use of the said Cunningham Rouse his heirs executors and administrators if he shall life to the attain the age of twenty five years But if he shall die under the age of twenty five years the said estates and accumulated fund respectively shall be upon trusts and subject to provisions in favour of Maxwell Emsley Rouse corresponding with the trusts and provisions hereinbefore contained in respect of the estates at Rodley and Bramley Provided always and I hereby declare that as regards any of my estates at Rodley Bramley Burley and Ilkley respectively the said Trustees shall during the continuance of the said terms of years therein respectively have a power of Sale over the same estates similar in all respects to the power of sale hereinafter contained with respect to my residuary estate As to all the residue of the real and personal estate (not herein specifically disposed of) to which at my decease I shall be beneficially entitled or of which I shall then be competent to dispose by my Will in the exercise of any general power of testamentary appointment I devise bequeath and appoint the same unto and to the use of the said James Walker Oxley, Harry Routh and Marmaduke D’Arcy Wyvill their heirs executors and administrators upon trust to sell and convert into money within eighteen months from my decease my said residuary real and personal estate or such parts thereof as shall be of a saleable or convertible nature and to get in the other parts thereof. And out of the moneys to arise from such sale conversion and getting in, in the first place to pay the expenses incidental to the execution of the trust and my mortgage and other debts and funeral and testamentary expenses and in the next place to pay the legacies hereinbefore bequeathed and in the meantime to pay the same annuities hereinbefore bequeathed and in the meantime to pay the same annuities And subject thereto upon trust to invest the ultimate residue to arise from the sale conversion and getting in of my said real and personal estate
Page 9
In and upon such securities as herein specified and by similar investments to accumulate the income of the said fund until the youngest of the two sons of the said Harry Rouse namely Maxwell Emsley Rouse and Cunningham Rouse shall attain the age of twenty five years and I direct my said trustees on the determination of the said term to stand possessed of the said aggregate fund with the accumulations thereof but subject to the principal trusts hereinbefore contained anterior to the trusts for accumulation as shall be then subsisting in trust for the said Maxwell Emsley Rouse and Cunningham Rouse in equal shares and to be paid to them on the youngest attaining twenty five And in case either of them the said Maxwell Emsley Rouse and Cunningham Rouse shall die under the age of twenty five then I direct my said Trustees to pay the same to the survivor of them at twenty five. And in case both of them the said Maxwell Emsley Rouse and Cunningham Rouse shall die under twenty five then I direct my said Trustees to continue the investment until the said Mary Rouse shall attain twenty one years of age and then to stand possessed of the said aggregate fund upon the same trusts and to and for the same intents and purposes as the sum of fifteen thousand pounds is hereinbelow specified for the benefit of the said Mary Rouse as if the same trusts were here repeated And if there shall be no object of the preceding trusts who shall acquire an absolutely vested interest Then upon trust for such of the children of my late Uncle Thomas Skirrow my Uncle John Skirrow and my late Aunt Elizabeth Skirrow as shall be living at the death of the survivor of them the said Maxwell Emsley Rouse Cunningham Rouse and Mary Rouse and shall attain the age of twenty one years I empower my said Trustees to sell my residuary real and personal estate either by public auction or private contract and either together or in parcels and subject to such terms and conditions as to title evidence of title or commencement of title or the time or mode of payment of the purchase money or indemnity against or apportionment of incumbrances or as to any other matters relating to the sale as they shall judge expedient And to fix reserved biddings and buy in
Page 10
Property offered for sale and vacate or vary (either on terms or gratuitously) any contracts for sale and to resell as aforesaid without liability to answer for any consequent loss and generally to effect the sale and conversion of my residuary estate and effects on such terms at such times and in such manner as they shall deem most advantageous I direct that all investments of moneys to be made by my said Trustees shall be made in their names in or up three per cent consols or other three per cent Government annuities and those only I declare that the expression “my said trustees” shall throughout my Will be read and construed as referring to the trustees or trustee for the time being of this my Will whether herein nominated or hereafter to be appointed and that all and singular the trusts powers and discretions hereby vested or reposed in the Trustees hereby nominated or expressed so to be shall be exercisable by the Trustees or Trustee for the time being And that a new Trustee or new Trustees of my Will may from time to time be appointed as occasion shall require and every such appointment shall be prescribed in that behalf and upon every or any such appointment the number of trustees may be varied but so that the number shall not be less than two nor greater than four I devise all real estates which at my decease shall be vested in me as a Trustee or Mortgagee To such uses as the said James Walker Oxley Harry Rouse and Marmaduke D’Arcy Wyvill or the survivors of them shall by deed appoint And in default thereof To the use of the said James Walker Oxley Harry Rouse and Marmaduke D’Arcy Wyvill and their heirs upon the trusts and subject to the equities affecting the same respectively And lastly I appoint and desire that the said John Dunning Kay shall act as the solicitor in all matters relating to my property and affairs. In witness whereof I *-have-* hereunder set my hand.
Thomas Emsley
Signed by Thomas Emsley of Burley in Wharfedale in the West Riding of the County of York Esquire as his last
Thomas Emsley
Signed by Thomas Emsley of Burley in Wharfedale in the West Riding of the County of York Esquire as his last
Page 11
Will in the presence of us present at the same time who at his request in his sight and presence and in the presence of each other have subscribed our names as attesting Witnesses.
Geo. Mawson Clerks to Messrs Dunning & Kay Solicitor Leeds
Samuel Wells
Geo. Mawson Clerks to Messrs Dunning & Kay Solicitor Leeds
Samuel Wells
Thomas Emsley's Last Will & Testament of 1880, transcribed for the Burley Archive by Elizabeth Archer April 2021.
Burley Community Library & Burley Archive, Grange Road, Burley in Wharfedale, West Yorkshire England LS29 7HD
Please refer to the Home page for up-to-date opening times. Closed Wednesday & Sunday
Burley Archive & Local History Group: Drop-In Sessions Friday 2.30pm to 4.30pm. For other times please contact us
Burley Archive & Local History Group: Drop-In Sessions Friday 2.30pm to 4.30pm. For other times please contact us