Hannah Smith was the youngest daughter of John Smith of Melmerby. She died at the age of 62 and left her personal property and the income from her estate to her sister Mary Ann for her lifetime. After Mary Ann died, and several bequests were given first, the rest of the estate was to be shared between her eight Smith nephews and nieces
This is the last Will and Testament of me Hannah Smith of Number 1 Brunswick Square Penrith in the County of Cumberland, Spinster
- I appoint my nieces Eleanor Beaty and Sarah Agnes Dodd Executrices of this my will and Trustees for the purposes hereinafter mentioned and for all statutory purposes And I declare that they and the survivor of them or other the trustees or Trustee of this my Will are and is hereinafter referred to as my Trustees.
- I bequeath to my sister Mary Ann Smith during her life the use and enjoyment of all my furniture plate plated goods jewelry linen glass china books pictures ornaments and all other articles of household or domestic use or ornament And from and after the decease of my said sister I bequeath the said furniture and all other articles referred to in this paragraph of my Will to the said Eleanor Beaty and Sarah Agnes Dodd in equal shares for their own use and benefit.
- Subject as aforesaid, I devise and bequeath all my real and personal Estate to my Trustees their heirs executors and administrators according to the nature thereof respectively upon trust after payment of my debts funeral and testamentary expenses to pay the income to arise therefrom to my said sister Mary Ann Smith during her life And I expressly declare that my Trustees may during the lifetime of my said sister continue all or any part of my Estate in the state or investments in or upon which the same shall be at my decease however doubtful or hazardous the nature of the same may be and they shall not in any event be liable for any loss or depreciation occasioned thereby and from and after the death of my said sister I declare that my Trustees shall sell call in and convert into money my said real and personal Estate and effects with power to postpone the sale calling in and conversion of the whole or any part or parts thereof indefinitely without being responsible for loss and shall stand possessed of the proceeds to arise from such sale calling in and conversion as aforesaid (hereinafter called my Residuary Estate) in trust to pay thereout the following legacies free of duty which legacies I hereby bequeath accordingly namely the sum of Two hundred pounds each to the said Eleanor Beaty and Sarah Agnes Dodd the sum of forty pounds to Lancelot Fowler the son of Ada Mary Fowler of 37 Onslow Gardens Muswell Hill London and the sum of Forty pounds to Muriel Oswald daughter of my cousin Gertrude Oswald of All Saints Vicarage Sudbury Suffolk and subject thereto in trust to pay and divide my residuary Estate between and amongst all my nephews and nieces John Smith the said Eleanor Beaty and Sarah Agnes Dodd Thomas Hardy Smith Christopher Smith Sarah Eleanor Smith Mary Hannah Smith and Clara Smith who being male attain the age of twenty one years or being female attain that age or marry if more than one in equal shares as tenants in common.
- Provided always that if any of them the said John Smith Eleanor Beaty Sarah Agnes Dodd Thomas Hardy Smith Christopher Smith Sarah Eleanor Smith Mary Hannah Smith and Clara Smith shall have died in my lifetime or in the lifetime of my said sister leaving issue living at the death of the survivor of myself and my said sister such issue being male and attaining the age of twenty one years or being female and attaining that age or marrying shall take by substitution of more than one equally between them the share in my residuary Estate which his or her parent would have taken had he or she been living at the death of the survivor of myself and my said sister and attained a vested interest.
- Provided also that if any of them the said John Smith Eleanor Beaty Sarah Agnes Dodd and Thomas Hardy Smith shall have died in my lifetime or shall die after my decease but before attaining a vested interest and without leaving such issue as aforesaid the share in my residuary estate hereinbefore given to him or her shall sink into and form part of my residuary estate and be held or applied for the benefit of the other persons entitled thereto in the same manner as if he or she had been originally excluded from taking a share in my residuary Estate
- Provided also that if any of them the said Christopher Smith Sarah Eleanor Smith Mary Hannah Smith and Clara Smith (children of my brother Christopher Smith) shall have died in my lifetime or shall die after my decease but before attaining a vested interest without leaving such issue as aforesaid the share in my residuary Estate hereinbefore given to him or her shall be held by my Trustees in trust for such of them the said Christopher Smith Sarah Eleanor Smith Mary Hannah Smith and Clara Smith (children of my said brother) and their issue as mentioned in paragraph 3 of this my Will who survive me and my said sister and attain a vested interest if more than one in equal shares.
- I empower my Trustees whenever it may be necessary or expedient for them to invest any moneys forming part of my Estate to invest the same in or upon the debentures or debenture stock or preference stock or shares of any corporation company or public body municipal railway commercial or otherwise in the United Kingdom or the Colonies or in the funds or securities of any foreign Government or in the debentures or debenture stock or preference stock or shares of any foreign railway company with power to vary the same at discretion. In witness whereof I have hereunto set my hand this twelfth day of July One thousand nine hundred and eighteen. Hannah Smith
Signed by the said Testratrix Hannah Smith as and for her last Will and Testament in our presence and by us in her presence
M.A. Wright Clerk with Scott Allan & Graham Solictors Penrith
A.H.F. Woodhouse Solr. Penrith
On the 7th October 1921 Probate of this Will was granted at Carlisle to Eleanor Beaty and Sarah Agnes Dodd the Executrixes