This is the last Will and Testament of me John Calvert of Leeds in the County of York Dyer
Whereby I give devise and bequeath unto my son Thomas Calvert of Leeds aforesaid Dyer Frederick Heycock1 of Leeds aforesaid Gentleman and Robert Barr2 of the same place Solicitor
All those four several messuages or tenements situate at or near to Brunswick [?] place in Leeds aforesaid with the outbuildings and appurtenancies there unto belonging Together with my shares right and interest in the area in front of and appurtenant to the same messuages or dwellinghouses
Also all that my Airedale Estate situate on the south side of the Leeds and Kirkstall Turnpike Road in Leeds aforesaid consisting of land or messuage or dwelling house dye houses dryhouses and other buildings with their respective appurtenancies and all vats utensils and fixtures in or belonging to the same and now in the occupation of myself and Son
Also all that parcel of ground near to the hereditaments and premises lastly described which I lately purchased from the late Mr. Thomas Teale3 and the Devisees of the late Mr. Richard Romplay?4 deceased
Also all those several parcels of land or ground situated on the north side of the Leeds and Kirkstall Turnpike Road which I sometime ago purchased of the Trustees of Christopher Wilson Esquire
Also all those several parcels of land or ground situate in the Township of Headingley in the parish of Leeds aforesaid which I sometime ago purchased of Mr. George Bischoff and Mr. Thomas Lumb and also all those three messuages or dwellinghouses with the appurtenances lately erected thereon and now in the respective occupations of the said Thomas Calvert Frederick Heycock and Mrs.? Hemingway
And all and every other my messuages lands tenements hereditaments and premises and all my right title and interest therein or thereto whether I or any other person in trust for me am is or shall or may be at any time hereafter seized or possessed thereof or entitled thereto of or for any estate or interest whatsoever and either in possession reversion remainder or expectancy with their respective rights members and appurtenancies
And also all my monies securities for money & stock in trade goods chattels and All and singular other my personal Estate and Effects of what nature or kind soever To hold all the said lands tenements hereditaments and premises real and personal estate and effects unto the said Thomas Calvert Frederick Heycock and Robert Barr their heirs executors administrators and assigns (according to the nature and quality thereof respectively)
To the uses upon the trusts and to and for the ends interests and purposes hereinafter expressed and declared of and concerning the same that is to say
Upon trust in the first place to pay satisfy and discharge out of my personal estate all my just debts funeral expences and the charges of proving and registering this my Will and
in the next place to pay the following legacies and sums of money unto or for the use benefit and disposal of the several persons hereinafter named that is to say my Grandson John Calvert Hayes the sum of two thousand five hundred pounds to be paid to him at the end of twelve calendar months next after my decease
Also to my Son in Law John Nelson the sum of One hundred pounds to be paid to him or applied for his use in the absolute discretion of my Trustees
Also to my Brother Joshua Calvert of Leeds aforesaid Hair Dresser the sum of Nineteen pounds nineteen shillings
To my Sister Ann Horsfall5 [sic] of the same place widow the sum of nineteen pounds nineteeen shillings
To my Sister Mary the wife of Robert Lister of Leeds aforesaid the sum of nineteen pounds nineteen shillings
To my niece Catherine Lockwood9 of Leeds aforesaid Spinster the sum of One hundred guineas
To my late Wife's Brother John Lockwood of Leeds aforesaid Yeoman the sum of Nine teen pounds nineteen shillings and
to the said Frederick Heycock and Robert Barr the sum of nineteen pounds nineteen shillings a piece which said several legacies I direct shall be paid at the end of three calendar months next after my decease
Also I give and bequeath the sum of two thousand five hundred pounds to my said trustees their executors administrators and assigns Upon trust to invest on real or government security the said sum of two thousand five hundred pounds and pay and apply out of the interest and dividends thereof from time to time not exceeding the yearly sum of fifty pounds in and towards the maintenance education clothing and support of my grand daughter Mary Elizabeth Nelson (the child of the said John Nelson by my deceased daughter Elizabeth) until she shall attain the age of twenty one years and permit and suffer the residue of the said interest and dividends to accumulate for the benefit of the said Mary Elizabeth Nelson until she shall attain that age and upon her attaining that age then to pay unto or permit and suffer my said granddaughter Mary Elizabeth Nelson to receive the whole of the interest dividends and yearly income of the said sum of two thousand five hundred pounds and all accumulations thereof for and during the term of her natural life for her sole and separate use and benefit without the same being subject to the debts control or engagements of her husband if he [sic] should be married and the receipt of my said grand daughter under her hand notwithstanding her coverture shall be a good and sufficient discharge from time to time for the same
And from and after the decease of the said granddaughter Mary Elizabeth Nelson Upon trust to pay the said principal sum of two thousand five hundred pounds or any part thereof to any one or more of her lawful children as may then be living and in such parts and shares due subject to such conditions and restrictions as my said Grand Daughter Mary Elizabeth Nelson shall from time to time by any Deed or Will or any Testament in the nature of a Will to be by her duly executed direct and appoint
And in default of such direction or appointment and as to so much of the said sum of Two thousand five hundred pounds to which the same may extend Upon trust to pay the same unto each of the lawful children of the said Mary Elizabeth Nelson who may happen to survive her if more than one in equal shares and if but one then the whole to such only child their respective executors administrators and assigns who may live to attain the age of twenty one years and when they shall severally attain that age
And in the case of the death of the said Mary Elizabeth Nelson without lawful issue of her body or leaving such and all of them should die under the age of twenty one years then upon the happening of such events Upon trust to pay the said sum of Two thousand five hundred pounds and such accumulations unto and for the use and benefit of such other of my grandchildren who may be surviving at the time of the decease of the said Mary Elizabeth Nelson and who may live to attain the age of twenty one years in equal shares and if but one such Grandchild shall live to attain that age the whole to such grandchild and their respective executors administrators and assigns
And upon further trust to invest upon real or government security the further sum of two thousand five hundred pounds and pay and apply out of the interest or dividends thereof from time to time not exceeding the yearly sum of One hundred pounds towards the maintenance clothing education and support of my grandchild Edwin Calvert Nelson (another of the children of the said John Nelson by my said deceased daughter) until he shall attain the age of twenty one years and permit and suffer the residues of the said interest and dividends to accumulate for the benefit of the said Edwin Calvert Nelson and when and so soon as the said Edwin Calvert Nelson shall attain the age of twenty one years Upon trust to pay the said sum of two thousand five hundred pounds and all accumulations thereof unto and for the use and benefit of the said Edwin Calvert Nelson his executors administrators and assigns
And in case the said Edwin Calvert Nelson shall depart this life under the age of twenty one years leaving issue of his body him surviving then Upon trust to pay the said sum of two thousand five hundred pounds and all accumulations to such issue in equal shares if more than one and if but one then the whole to such only child their respective executors administrators and assigns
But if it should happen that the said Edwin Calvert Nelson should depart this life under the age of twenty one years leaving no lawful issue of his body him surviving or leaving such issue and all of them should die under the age of twenty one years then upon the happening of such events Upon trust to pay the said sum of Two thousand five hundred pounds and such accumulations unto and for the use and benefit of such other of my grandchildren who may be surviving at the time of the decease of the said Edwin Calvert Nelson and who may live to attain the age of twenty one years in equal shares and if but one such grandchild shall live to attain such age then the whole to such Grandchild their executors administrators and assigns
And I direct that in case my personal estate shall prove insufficient for the payment of the said several legacies hereinbefore given to my said grandchildren Mary Elizabeth Nelson Edwin Calvert Nelson and John Calvert Hayes as aforesaid the same shall bear and carry interest thereon at and after the rate of four pounds per centum per annum to be computed from the end of twelve calendar months after my decease And I do hereby charge and make chargeable all my real estates with the payment of the said respective legacies of Two thousand five hundred pounds and such interest thereon as aforesaid until the actual pay ment thereof
And I do authorize and empower my trustees or trustee for the time being under this my Will to raise or cause to be raised by sale or mortgage of all or any competent part of my said real estates from time to time and when they or he shall think proper such sum or sums of money as may be necessary to pay the said respective legacies to or for the use of my said grandchildren respectively and to convey and release the premises sold or mortgaged and that it shall not be necessary for any purchaser or mortgagee to enquire unto the necessity or expediency of any such sale or mortgage or to see to the application of the purchase money or money borrowed by my said trustees or trustee needs should? so soon as my said trustees6 and trustee for the time being shall have raised and set apart a sufficient sum to provide for the said respective legacies of two thousand five hundred pound hereinbefore given and bequeathed to or for the use of my said grandchildren Mary Elizabeth Nelson Edwin Calvert Nelson and John Calvert Hayes respectively it shall be lawful for my said Trustees and Trustee to release and discharge all my real estates from all charge or liability in respect of such legacies and such release executed by them shall be a sufficient evidence of the payment of the said respective legacies so as to discharge the said real estates therefrom and no purchaser mortgagee or other person interested therein shall afterwards be bound or required to enquire into the same
And as to all my real and personal estates and effects whatsoever and wheresoever and of what nature or kind soever of or to which I am now or may be seized possessed or otherwise interested in or entitled to at the time of my decease or any person or persons in trust for me (subject and charged nevertheless as aforesaid) Upon trust that they my said trustees and trustee for the time being do and shall reconvey release and assign the same and I do hereby give devise and bequeath the same (according to the nature and quality thereof) unto and to the use of the said Thomas Calvert his heirs executors administrators and assigns for ever
Provided always and I do hereby declare that if the Trustees appointed in this my Will or to be appointed as hereinafter mentioned or any of them or their or any of their heirs executors or administrators shall happen to die or be desirous of being discharged from or shall refuse or decline to act or be incapable of acting in the trusts hereby in them respectively reposed and aforesaid before the said trusts shall be fully executed then and in such case and when and so often as the same shall happen it shall and may be lawful for the surviving or continuing trustees or trustee or the heirs executors or administrators of the last surviving or continuing trustee by any deed or deeds instrument or instruments in writing to be by them him or her duly executed in the presence of and attested by two or more credible Witnesses from time to time to nominate and appoint any other person or persons to be a trustee or trustees in the stead or place of the trustee or trustees so dying or being desirous to be discharged or refusing declining or becoming incapable to act as aforesaid And when and so often as any new trustee or trustees shall be nominated and appointed as aforesaid All the said trust estates monies effects and premises shall thereupon with all convenient speed be conveyed and assigned in such manner that the same shall be legally and effectually vested in the person or persons so to be appointed as aforesaid either solely or jointly with the surviving or continuing trustee or trustees as occasion shall require Nevertheless upon the trusts and for the purposes hereinbefore declared of and concerning the same trust estates monies and premises or such of them as shall then be subsisting and capable of taking effect
And the person or persons so to be appointed as aforesaid shall have all the powers and authorities of the trustee or trustees in whose room he or they shall be substituted
And I do hereby further declare my Will to be that it shall and may be lawful to and for my said trustees and executors and each of them and their respective heirs executors and administrators by and out of all or any of the monies which by virtue of this my Will shall come to their or any of their hands to deduct retain to and reimburse themselves respectively and their Co trustees and Executors all such costs charges damages and expences as they respectively shall or may sustain expend or be put unto in or about the execution of this my Will
And also that my said Trustees and Executors and their respective heirs executors and administrators shall be charged and chargeable each of them for and with his own respective acts and defaults only and not otherwise and shall not be charged or chargeable with or for any sum or sums of money other than such as shall actually come to their respective hands by virtue of this my Will nor with or for any loss or damage which may happen in or about the execution thereof without their respective wilful neglects and defaults
And I give and bequeath to the said Thomas Calvert Frederick Heycock and Robert Barr their heirs executors administrators and assigns All and singular the messuages lands tenements hereditaments and premises which now are or at the time of my decease shall be vested in me upon any trust or by way of mortgage or otherwise which I have power to devise or dispose of by this my Will with their respective rights members and appurtenances To hold the same unto and to the use of the said Thomas Calvert Frederick Heycock and Robert Barr their heirs executors administrators and assigns (according to the nature and quality thereof respectively)
Nevertheless upon and for the several trusts intents and purposes and subject to the equities which at the time of my decease shall affect the same
And I do hereby nominate and appoint the said Thomas Calvert Frederick Heycock and Robert Barr Joint Executors of this my Will and hereby revoking all other Wills by me at any time heretofore made I do declare this to be my last Will and Testament
In witness whereof I have to this and the seven preceding sheets of paper set my hand this twenty first day of August in the year of our Lord One thousand eight hundred and forty six.
John Calvert [Signature]
Signed by the said Testator in the presence of us each being present at the same time and we in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses
Thomas Lawn.
Martha Lawn of Harrogate.
The Will of John Calvert late of Leeds in the County of York Dyer deceased was proved at York the twenty ninth day of May in the year of our Lord One thousand eight hundred and forty eight Before The Reverend James Fawcett Clerk Surrogate of the Right Worshipful Granville Harcourt Vernon Master of Arts Commissary and Keeper General of the Exchequer and Prerogative Court of York Lawfully constituted by the Oaths of Thomas Calvert the Son Frederick Heycock and Robert Barr the Joint Executors therein named to whom Administration was granted of all and singular the goods chattels and credits of the said deceased they having been first sworn duly to administrate.
Joseph Buckle Deputy Register.
Proved at London the 17th January 1849 before The Judge by the Oaths of Thomas Calvert the Son Frederick Heycock and Robert Barr the Executors to whom Admon7 was granted having been first sworn by Comon8 duly to Administer.
NB - John Calvert left £14,000, according to the Probate List.
Notes
[1] Frederick Heycock was a Leeds wool merchant, and was married to a descendant of the Rev. Oliver Heywood, independent minister at Northowram.
In 1841 Frederick Heycock was a Wool Stapler Mill Owner. There was no-one of that name in Leeds in 1851. However, 47 years old Edwin Heycock lived in the same area as Thomas Calvert.
[2] Robert Barr in 1851 was an Attorney and Solicitor aged 56.
[3] Mr. Thomas Teale was a surgeon.
[4] The surname of the late Mr. Richard etc. is unclear, and alternatively could be 'Kemplay'. Though the surname capital looks more like 'R' there is nothing like a Richard Romplay/Remplay in the area, but there are at least two Richard Kemplays. One died 1830, the other 1833. There is no Leeds Mercury for 1830, but the one who died that year had Thomas Teale for his executor and left £16,000.
[5] Ann 'Horsfall' - there is no record of a C/E marriage of a Calvert to a Horsfall, before or after 1812, apart from one in the Halifax area where the bride's name was Martha. So presumably she should be Ann Horsfield, born Ann Calvert.
Was this a deliberate mistake on John Calvert's part? Her late husband Thomas Horsfield probably was deemed to have brought shame on his wife's family by being imprisoned for bankruptcy many years earlier, and to make matters worse one of the Horsfields' daughters had had 2 illegitimate children!
[6] This text is in a marginal correction to the document.
[7] There is a mark above the 'm' in Admon. This means the words have been shortened - 'Admon' is Administration.
[8] There is a mark above the 'm' in Comon. 'Comon' is not so certain - it could be 'Commission', or 'Common', or some other similar word.
[9] Catherine is probably the 30 year old in John's 1841 Census entry.
Source: England & Wales, Prerogative Court of Canterbury Wills, 1384-1858
for John Calvert; PROB 11: Will Registers 1848-1849; Piece 2086: Vol. 1,
Quire Numbers 1-50 (1849)
images are at pages 111 to 115 at: https://www.ancestry.co.uk/interactive/5111/40611_309719-00110/239045