William Bracewell. Newfield Edge. Last will and testament.

[Stanley]

William Bracewell. Newfield Edge. Last will and testament.

Transcribed from a copy of the original supplied by Ann Battersby.


I, WILLIAM BRACEWELL of Barnoldswick in the County of York, cotton spinner and colliery proprietor do hereby revoke all former wills and testamentary dispositions made by me and declare this to be my last will and testament.

I APPOINT my son Christopher George Bracewell and my sons in law Smith Smith and Joseph Henry Threlfall Executors (Hereinafter called my Trustees) to be the Executors and Trustees of this my will and I declare that the trusts and powers hereinafter reposed or vested in my trustees may be exercised by the survivors of them or other the trustees for the time being of this my will but such trusts and powers shall not be executed by less than two trustees. I give the sum of Five Hundred Pounds (free of legacy duty) unto the said Smith Smith and the sum of two hundred and fifty pounds free of legacy duty unto the said Joseph Henry Threlfall in consideration of their trouble as executors hereof respectively. And I declare that my said son, Christopher George Bracewell notwithstanding that he is a trustee of this my will shall have the option of purchasing all or any of my businesses and also any part of my real or leasehold estate and I further declare that if my said son shall declare such option the price to be paid for his purchase shall be ascertained by the valuation of two indifferent persons one to be named by my son and the other by the others of my trustees or in the case of their disagreement by an umpire to be chosen by such two valuers and if either party shall fail to name a valuer or to notify it in writing to the other party for the space of ten days after the day on which the option shall be declared or if the valuer named by either party shall refuse or neglect to act then the valuation shall be made by the valuer of the other party alone. Provided always that no purchaser under this my will shall be obliged or concerned to see or enquire whether any property sold by my trustees has been elected to be purchased by my son as hereby provided nor shall the title of such purchaser be afterwards impeached on that ground and I further declare that my sons in law Smith Smith and Joseph Henry Threlfall notwithstanding that they are trustees of this my will may each or any of them be a purchaser of any part or parts of the trust estate either at an auction sale or at a private sale by valuation ascertained as aforesaid and such purchaser may give security for purchase money instead of cash payment if approved by the others of my trustees. I confirm the settlement made on my marriage with my present wife Mary Bracewell contained in an indenture dated the fifth day of June one thousand eight hundred and sixty one by which settlement I have provided for my said wife during her life an annuity or rent charge of three hundred pounds per annum issuing out of my estate called Little Midhop and Stocks in the township of Midhop in the West Riding aforesaid but subject to reduction to the extent therein mentioned in the events therein expressed and which annuity or rent charge is and is hereby declared to be provided for her in lieu of dower and freebond and I direct that the said annuity shall be paid quarterly in advance and as an additional security for the said annuity I hereby charge the same (as a first charge) on all the property subject to the trusts of this my will. I bequeath the wines, liquors and other consumable household stores and provisions of which I shall die possessed to my wife absolutely. And as to all my household and outdoor furniture and utensils not hereinbefore bequeathed including the plate books pictures and prints of which I shall die possessed I bequeath to my wife the use and enjoyment for twelve months after my decease of such portion thereof now at Newfield Edge as was in my possession during the lifetime of my late wife (Ellen Metcalfe). I direct that such portion thereof as is now in my house at Horton and (after the expiration of the said period of twelve months) the portraits of my deceased mother and son and the household and outdoor goods and effects at Newfield Edge the use thereof is bequeathed to my said wife for the said period of twelve months shall be used and enjoyed by my unmarried daughters for the time being by my first wife and after the marriage or death of all my daughters by my first wife the same shall be equally divided amongst the children grandchildren and issue then living of my said first wife equally and per stirpes [a method of dividing an estate among the descendants of the deceased in equal shares] such grandchildren and other issue taking in substitution for a deceased parent and not in competition with a living parent and as to the residue of my said household and outdoor furniture and utensils plate books pictures and prints I BEQUEATH to my wife the use and enjoyment during her life and after her decease I direct that such residue shall be divided in like manner as if the same had formed part of the furniture now in my said house at Horton except that my daughter Ada shall be entitled to an equal share with my said daughters by my first wife and if any dispute shall arise concerning the division thereof then such division shall be made by my trustees whose determination shall be final and I direct my executors to cause an inventory to be taken of the said articles before the delivery thereof to my said wife and two copies of such inventories to be signed by my said wife of which copies one shall be delivered to her and the other to be kept by my executors and I declare that after the delivery of the said articles to my wife my trustees shall not be obliged to see to the preservation thereof nor be answerable for any loss or injury thereof which may happen during the life of my wife and I also declare that until the marriage or death of all my daughters by my first wife my trustees shall not be answerable for any loss or injury to the articles the use whereof is bequeathed to my unmarried daughters by my first wife as aforesaid. I direct that my trustees shall as soon as convenient after my decease and at their discretion discharge the mortgages and encumbrances on my Horton and Hoober estates out of my other property or such portion thereof as they may think fit. I devise my house at Horton with the appurtenances to the use of my unmarried daughters by my first wife jointly so long as they shall respectively remain unmarried and also bequeath to them in like manner my horses carriages and harness at Horton and after the decease or marriage of all my daughters by my first wife the same house and appurtenances horses carriages and harness shall fall under the general residuary devise and bequest of my real and personal estate. I devise all the residue of my real estate and bequeath all the residue of my personal estate to my trustees (subject to my said wife’s annuity) upon trust that my trustees as and when they shall think fit but not sooner or otherwise shall sell call in and convert into money the same or such part thereof as shall not consist of money and shall with and out of the monies produced by such sale calling in and conversion and with and out of my ready money pay my funeral and testamentary expenses debts and legacies and shall invest the residue of the said monies with power to my trustees from time to time to vary such investments and shall stand possessed of the monies stocks funds and securities representing my Horton and Hoober estates and of the said estates until sold (discharged from the mortgages and encumbrances thereon) and which monies stocks funds and securities and the said estates until sold are hereinafter called ‘the Horton and Hoober trust fund’. Upon the trusts hereinafter declared concerning the same and shall stand possessed of the residuary trust monies and the investments for the time being representing the same hereinafter called ‘the residuary trust fund’. Upon the trusts hereinafter declared concerning the same and I declare that my trustees shall stand possessed of the Horton and Hoober trust fund as to one ninth share thereof in trust for my said son Christopher George Bracewell absolutely and as to one other ninth share thereof in trust for the children of my deceased son William Metcalfe Bracewell who being sons or a son shall attain the age of twenty one years or being daughters or a daughter shall attain that age or marry which shall first happen and if more than one in equal shares and if but one such child then the whole to such child. And as to the remaining seven ninths share of the Horton and Hoober trust fund, in trust for Anne Smith Smith, Mary Jane Bracewell, Ellen Metcalfe Mercer, Nancy Metcalfe Threlfall, Margaret Smith Bracewell, Sarah Elizabeth Bracewell, and Susannah Emily Bracewell my daughters by my deceased wife in equal shares. But subject as to these shares to the provisions and restrictions hereinafter declared of and concerning the same. And I hereby declare that my trustees shall stand possessed of the residuary trust fund as to one tenth share thereof in trust for my said son Christopher George Bracewell absolutely and as to one other tenth share thereof in trust for the children of my deceased son William Metcalfe Bracewell who being sons or a son shall attain the age of twenty one years or being daughters or a daughter shall attain that age or marry which shall first happen and if more than one in equal shares. But if but one such child then the whole to such child. As to the remaining eight tenth shares of the residuary fund In trust for my daughters Anne Smith Smith, Mary Jane Bracewell, Ellen Metcalfe Mercer, Nancy Metcalfe Threlfall, Margaret Smith Bracewell, Sarah Elizabeth Bracewell, and Susannah Emily Bracewell and Ada Bracewell in equal shares. But subject as to those shares to the provisions and restrictions hereinafter contained of and concerning the same and I Declare that my unmarried daughters for the time being shall receive each of them one hundred pounds per annum payable quarterly and in advance and which annuities shall be a first charge on the said Horton and Hoober trust fund and the residuary trust fund but shall be taken nevertheless by my said unmarried daughters respectively on account of and not in addition to the income they would otherwise be entitled to under this my will and I Declare that my trustees may from time to time raise any part or parts of the part or share not exceeding altogether one half part of the share or share to which any child or grandchild of mine under age may be entitled under this my will whether a vested, presumptive or contingent interest and apply the same for his or her advancement preferment or benefit as my trustees shall think fit. Provided always and I Declare that my trustees shall retain the share of each of my daughters of and in as well the said Horton and Hoober trust fund as also in the residuary trust fund upon the trusts following (that is to say) Upon trust to pay the income thereof to my same daughter during her life and so that if an while she shall be under coverture [the status of a married woman considered to be under the protection and authority of her husband] the same shall be for her sole and separate use and she shall not have power to dispose of or affect the same in the way of anticipation but with power nevertheless for my same daughter to appoint by Deed or Will that after her decease any part not exceeding half of such income shall be paid to any husband of her who may survive her during his life or any less period and from and after the decease of such daughter and subject to any appointment which may be made to her husband as aforesaid in trust for the children of my same daughter or any of them or any of their issue in such shares (if more than one) and in such manner as shall by any Deed or Deeds appoint or by her will appoint and in default of such appointment and so far as any appointment shall not extend in trust for the children of my same daughter who being male shall attain the age of twenty one years or being female shall attain that age or marry in equal shares and if there be only one such child the whole to be in trust for that one child but so nevertheless that no child who or any of whose issue shall take a share under any such appointment as aforesaid shall take any part of the trust funds remaining unappointed without bringing the share appointed to him or her or to his or her issue into hotchpot [the bringing together of shares or property so as to divide them equally especially in the case of the descendants of a parent who dies intestate] and accounting for the same accordingly unless my daughter making such appointment as aforesaid shall hereby direct the contrary and in case there shall be no child of my said daughter who being male shall attain the age of twenty one years or being female shall attain that age or marry then subject to the trusts and the powers hereinbefore declared in favour of such daughter her husband and issue her original share and also any share or shares which shall have accrued under this provision shall accrue to and be held in trust for my son Christopher George Bracewell the children and issue of my deceased son William Metcalfe Bracewell and my other daughters according to the respective shares and in the several proportions in which they are interested in the Horton and Hoober trust fund and the residuary trust fund respectively under this my will but so that the further share accruing to each daughter shall be retained and held by my trustees upon and subject to the like trusts and powers as are hereinbefore declared concerning the original share of that daughter. And I further Declare that my trustees may at any time sell my house at Horton with the appurtenances if they think it for the benefit of my trust estate so to do and in the event of any sale before the marriage or death of all my daughters by my first wife the person or persons entitled under the trusts hereinbefore contained to the use of such house shall be entitled to receive the annual income of the purchase money until the marriage or death of all my daughters by my first wife and I further Declare that my trustees may postpone the sale and conversion of my real and personal estate or any part thereof for as long as they shall think fit and that the rents profits and income to accrue from and after my decease of and from such part of my estate shall be for the time being remain unsold and unconverted shall after payment thereon of all incidental expenses and outgoings be paid and applied to the person or persons and in the manner to whom and in which the income of the monies produced by such sale and conversion would for the time being be payable or applicable under this my will if such sale and conversion had been actually made. And I also Declare that my trustees may let any hereditaments for the time being unsold either from year to year or for any term of years at such rents and subject to such covenants as they shall think fit and may accept surrender of leases and tenancies. All timber and other trees standing on the said hereditaments (whether for sale repairs or otherwise) and generally may manage the same in such manner as they shall think fit and the proceeds of any timber sold by my trustees shall be considered as income and shall be paid and applied accordingly and I Declare that all monies liable to be invested under this my will may be invested in or upon any stocks funds or securities of or guaranteed by the Government of the United Kingdom or of any British Colony or dependency or in the stock of the Bank of England or the debentures or debenture stock or guaranteed or preference stock or shares of any Railways or other company in Great Britain or India incorporated by Act of Parliament or Royal Charter and paying a dividend on its ordinary stocks or shares or upon real or leasehold properties in England or Wales but not elsewhere such leasehold securities being held for a term whereof sixty years at least shall be unexpired at the time of such investment. And in lending money on any mortgage security my trustees may accept whatever title or evidence of title as shall appear to them sufficient and in particular may in the case of leasehold properties waive the production of the lessor’s title without being answerable for any loss arising thereby and my trustees may release any part of the property comprised in any mortgage security if satisfied that the remaining property is a sufficient security for the money owing thereon and that it shall be lawful for my trustees to advance and lend and to continue on loan to my sons in law respectively any sum of money not exceeding the capital value of the share of my trust estate for the time being held in trust for the wife or issue of such son in law borrowing the same and to make and continue such advance or loan either on the personal security of the borrower or such other security and at such rate of interest and on such terms in all respects as my trustees shall think fit and such money so lent shall be deemed to represent wholly or in part as the case may be the share of the wife and issue of such borrower in my trust estate and the investments representing the same and such alone shall be deemed sufficient security for the money owing thereon. And as to any trades or businesses in which at the time of my decease I shall be concerned or interested either solely or in my co-partnership I authorise and empower my trustees to continue the said trades or businesses or any of them for such period after my decease as they may think fit with liberty to carry on the same alone or in partnership with the person or persons if any who shall be my partners or partner at my decease or with any other person or persons and upon such terms as to division of profits and otherwise as may be agreed on and with liberty also to employ such managers agents and clerks in and about the said businesses and to allow to them such salaries and wages as my trustees shall think fit and my trustees shall have the fullest powers and discretions as to the mode of conducting the said businesses or any of them or otherwise in relation thereto as if they were the absolute owners thereof and I hereby declare that it shall be lawful for my trustees at their or his discretion to apply the capital employed in any business which they may continue to carry on in carrying on such business and also to employ in such business any further sum part of my general estate all such capital and money so employed to bear interest at such rate of interest as they shall think fit payable half yearly and I DECLARE that all profits arising from such business above the said interest shall form part of the capital of my residuary estate and any share in all losses to be incurred in such businesses shall be paid out of the said capital of my residuary estate and I further authorize and empower my trustees if they think it preferable so to do to discontinue and wind up the said trades and businesses or any of them so far as regards my estate either immediately after my decease or at such other time or times as they shall think fit and to make such arrangements in relation thereto as they may deem proper and in particular my trustees may leave to any partner agent or other person the collection of any outstanding debts and may give such time as my trustees shall think fit for payment by any partner or partners of the sum which under any such arrangement as aforesaid shall become payable by him or them to my estate and either with or without security and may appoint or concur in appointing such accountants valuers and other persons as may be deemed proper in taking the accounts of the said partnership and for valuing any matters which may be capable of valuation and may settle and adjust accounts may refer to arbitration or otherwise compromise and settle any questions and differences and generally shall have the fullest powers and discretion in relationship to the winding up of the said businesses as if they were the absolute owners thereof and I Declare that every trustee of this my will shall be responsible only for his own acts and defaults and irresponsible for losses occurring without his wilful default and I Declare that my trustees and the survivors of them and other the trustees for the time being hereof shall be the trustees of this my will for the purposes of the Settled Land Act of 1882 and I declare that the powers of my trustees shall extend to settling and deciding all questions differences and disputes which may arise between or among all or any of the several persons interested under this my will touching or concerning the administration disposition or division of my trust estate and that every or any person so interested who may reject or dispute any decision of my trustees in the matters aforesaid and may apply to any court of law or equity to adjust determine or settle the same shall forthwith and henceforth forfeit and lose all benefit and interest under this my will in my trust estate and every part thereof.

In witness whereof I the said William Bracewell have to this my last will and testament contained in this and the eight preceding sheets of paper set my hand this tenth day of March one thousand eight hundred and eighty five.

Signed by the said William Bracewell the Testator as and by him declared to be his last will and testament in the presence of us present at the same time who in his presence and in the presence of each other have hereunto subscribed our names as witnesses.
J D Roberts. MRCS London, Barnoldswick.
William Self Weeks, Solicitor, Clitheroe

Proved at Wakefield the 18th day of August 1885 by the oaths of Christopher George Bracewell the son, Smith Smith and Joseph Henry Threlfall the executors to whom administration was granted. The testator William Bracewell was late of Barnoldswick in the County of York cotton spinner and colliery proprietor and died on the 13th day of March 1885 at Barnoldswick aforesaid.

£18,640-15-11 Gross value
Nil Net value

William Hartley, Solicitor, Settle.
Attached certificate
On the eighteenth day of August 1885 the will of William Bracewell late of Barnoldswick in the County of York, Cotton Spinner and Colliery Proprietor deceased who died on the 13th day of March 1885 at Barnoldswick 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 Christopher George Bracewell of Barnoldswick aforesaid, Manufacturer the son of the said deceased. Smith Smith of Netherheys, Colne in the County of Lancaster, Gentleman and Joseph Henry Threlfall of Cumberland House, Colne aforesaid, Wine and Spirit Merchant. The executors named in the said will they having been first sworn duly to administer.

Personal estate £18,640-15-11 Gross value
Nil Net value
No leaseholds.
Extracted by W Hartley, Solicitor, Settle.

[Stanley]

Bumped.

[Stanley]

It's worth noting that despite the obvious intention of Bracewell to control his family even in death it all came to nothing as after his daughter in law Elizabeth took the firm to the cleaners after his death and cleaned them out due to Bracewell having given her personal promissory notes instead of taking the route of paying her from the firm, he died penniless.