This is the last Will and Testament of me Thomas Littlefair of Rucroft near Reeth in the Parish of Grinton in the County of York Mining Agnet. I give and devise to John Littlefair and James Littlefair sons of my brother John Littlefair and Isabella his wife and to their heirs all that my farm consisting of a messuage and lands situate in Fremington Edge in the said parish and now in the occupation of John Blenkiron Upon Trust to pay the annual rent and proceeds of the farm for their sister my niece Elizabeth Habron for her natural life and after her decease I direct my Trustees to sell the said farm either together or in parcels with full power to buy in and rescind any contract for sale and to resell without being responsible for any loss occasioned thereby and to do all acts and execute all assurances for effectuating any such sale as they shall think fit. And to divide the net proceeds arising from such sale or sales to and equally amongst her children or child 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 and to and equally amongst the children or child of any children or child of the said Elizabeth Habron who shall attain that age or marry and die in her lifetime the children or child of any deceased children or child to take only the share his or her parents would have taken if living. I devise and bequeath to my said Trustees all these my fields in Reeth Lane in the occupation of John Blenkiron upon trust by sale or mortgage of a sufficient part thereof to raise the sum of one hundred pounds and pay the same to my nephew William Littlefair the son of my brother William Littlefair and subject thereto In Trust for my nephew James Littlefair another son of my said brother William Littlefair and Jane his wife for his life and after his decease in trust for his children or child 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 and if more than one in equal shares and proportions and the children or child of any children or child who shall attain twenty one years or marry and die in the lifetime of the said James Littlefair such children or child to take the share only which his or her parents would have taken if living and in case of the death of the said James Littlefair without leaving issue capable of taking under the preceeding limitation then I direct my said Trustees by sale of a mortgage of a sufficient part of the said fields to raise the sum of one hundred and forty pounds and hold the same upon the Trusts hereinafter declared for the benefit of my niece Ann the wife of Thomas Moor a daughter of my said brother William Littlefair and Jane his wife. And subject to the raising the said sum of one hundred and forty pounds I devise and bequeath the said fields to the said William Littlefair his heirs and assigns for ever. I give the legacy or sum of two hundred and twenty pounds to my said trustees upon trust to pay the annual interest and proceeds thereof and also of the said sum of one hundred and forty pounds if and when the same becomes payable under the limitations aforesaid to my said niece Ann Moor during her natural life for her separate use free from the debts control or engagements of her present or any future husband and after here decease to divide the same to and equally amongst the children or child of the said Ann Moor 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 and the children or child of any children or child who shall attain that age or marry and die in the lifetime of the said Ann Moor such children or child to take the share only which his or her deceased parent would have taken if living. I bequeath the sum of four hundred pounds to my said Trustees upon the like Trusts for the benefit of my niece Margaret the wife of Thomas Blenkiron a daughter of my said brother John Litlefair and Isabella his wife for her life and for her children and [?] after her decease in like manner as I have hereinbefore declared and directed of the before mentioned sum of Two hundred and twenty pounds and one hundred and forty pounds for the benefit of the said Ann Moor for her life and her children and [? ] after her decease. I bequeath the sum of four hundred pounds to my nephew Thompson Littlefair another son of my brother John Littlefair and Isabella his wife absolutely. I devise and bequeath all the rest residue and remainder of my real and personal estate whatsoever and wheresoever and of what nature kind or quality whatsoever unto my said two nephews John Littlefair and James Littlefair their heirs executors administrators and assigns in equal shares and proportions. I appoint the said John Littlefair and James Littlefair Trustees and Executors of this my will and I devise to them their heirs executors administrators and assigns all estates vested in me upon any Trust or by way of mortgage upon the several trusts affecting the same. I declare that if the said Trustees hereby appointed or either of them or any Trustee or Trustees to be appointed as hereinafter is provided shall die or be desirous of being discharged or refuse or become incapable to act then and so often the Trustees or Trustee (and for this purpose and retiring trustee shall be considered a Trustee) may appoint any other person or persons to be a Trustee or Trustees in the place of the Trustee or Trustees so dying or desiring to be discharged or refusing or becoming incapable to act And [?] such appointment the said Trust premises shall be so transferred that the same may become vested in the new Trustee or Trustees or solely as the [?] may require and every such new trustee shall (both before and after the said premises shall have become so vested have the same powers authorities and discretions as if he had been hereby originally appointed trustee. And I declare that the trustee or trustees for the time being of this my will shall be chargeable only with such monies as they or he respectively shall actually receive and shall not be [?] the one for the other of them nor for any involuntary loss. In Witness whereof I have signed my name at the foot or end of this my will as contained in this and the last preceeding sheets of paper this fourth day of June one thousand eight hundred and fifty eight.
Thomas Littlefair
We the undersigned have attested the execution of the foregoing writing by Thomas Littlefair of Rucroft near Reeth in the Parish of Grinton in the County of York, Mining Agent, signing his name thereto in the presence of us present at the same time and without quitting his presence, we subscribe the same in the presence of each other the words Seventy Pounds being first erased in the twenty-sixth line of the first sheet and the words one hundred pounds being interlined over the same at the request of, and the same being first observed and initiated by the testator.
John Coates
Joseph Blenkiron
This is a codicil to be added to the before written will of one before mentioned Thomas Littlefair whereas in and by any said will I have given all the residue of my real estate to my nephews John Littlefair and James Littlefair their heirs and assigns Now I do hereby except out of the said devise any freehold field situate in Reeth Lane aforesaid now in the occupation of Thomas Allen and do hereby give and devise the said field to my said nephew William Littlefair son of my said brother William Littlefair his heirs and assigns for ever. I confirm my said will in all other respects. In witness whereof I have hereunto signed my name this fourth day of June one thousand eight hundred and fifty eight
Thomas Littlefair
We the undersigned have attested the execution of the foregoing writing as a codicil to the will of the said Thomas Littlefair by his signing his name and without quitting his presence and subscribe the same in the presence of each other.
John Coates
Joseph Blenkiron
Proved at York 2nd October 1858 by John Littlefair and James Littlefair the Executors therein named. Effects sworn under £4,000. Testator died 6th June 1858