Mary Ann Smith was the oldest daughter of John Smith of Melmerby. She died at the age of 68, the last surviving daughter. As with her sister Hannah’s will, Mary Ann’s executrices were the daughters of George Hardy Smith. She left some of her personal property to specific relatives. Having bequeathed money to a few nieces, a nephew and a great-niece, the remainder of her estate was divided equally between her eight nephews and nieces.
This is the last Will and Testament of me Mary Ann Smith of number 1 Brunswick Square Penrith in the County of Cumberland, Spinster
- I revoke all former Wills and testamentary dispositions made by me.
- I appoint my nieces Eleanor Beaty and Sarah Agnes Dodd to be executrixes of this my Will and trustees for the purposes hereinafter mentioned and for all statutory purposes and I bequeath to each of them the sum of Fifty pounds as an acknowledgement of her trouble in the executorship and trusteeship thereof
- I bequeath the following specific legacies To my brother George Hardy Smith my long cased clock To my nephew Christopher Hardy Smith my silver cup and cream jug To the said Eleanor Beaty my old glass jugs and old table knives and forks and small mahogany table To my nephew Thomas Hardy Smith my books To the said Sarah Agnes Dodd my old gilt mirror and the picture at present hanging near it To my niece Sarah Eleanor three pictures in the drawing room of the house in which I now reside and to my niece Mary Hannah Smith my Sheraton side table
- I bequeath all my silver plate plated goods old rose china tea set and linen to my said nieces Sarah Eleanor Smith and Mary Hannah Smith and my niece Clara Annie Smith in equal shares and in case of dispute as to the division thereof the decision of Trustees theron shall be final and binding
- I bequeath the following pecuniary legacies To my said nephew Christopher Hardy Smith the sum of Three hundred pounds To my said nieces Sarah Eleanor Smith Mary Hannah Smith and Clara Annie Smith the sum of Fifty pounds each and my niece Kathleen Beaty the sum of Thirty pounds
- I give devise and bequeath all my real estate and all the rest of my personal estate to my trustees upon trust to sell call in and convert the same into money with power to postpone such sale calling in and conversion indefinitely without being responsible for loss and to stand possessed of such part of my residuary personal estate and shall consist of money at my death and the proceeds to arise from such sale calling in and conversion as aforesaid after payment thereout of my funeral and testamentary expenses and debts upon trust to divide the same between and amongst my nephews John William Smith the said Thomas Hardy Smith and Christopher Hardy Smith and my nieces the said Eleanor Beaty Sarah Agnes Dodd Sarah Eleanor Smith Mary Hannah Smith and Clara Annie Smith in equal shares as tenants in common.
- I declare that the receipts of the said Christopher Hardy Smith and Sarah Eleanor Smith notwithstanding that they or either of them may be under the age of twenty one years at the time of my death shall be complete discharges for the legacies and shares in my residuary estate to which they are respectively entitled under this my Will
- I authorize my Trustees to advance any part of the income or capital of any share in my residuary estate to which any of the children of my late brother Christopher Smith may be entitled under this my Will for [indecipherable] of their maintenance education advancement or benefit and may either themselves so pay and apply the same or may pay the same to his her or their mother for the purpose without being liable to see to the application thereof
- I declare that whenever it may be necessary or expedient for my trustees to invest any money forming part of my estate they may invest the same in or upon 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 ninth day of July One thousand nine hundred and twenty three
Mary Ann Smith
Signed by the said Testatrix Mary Ann Smith as and for last Will and Testament in our presence and by us in her presence
A.H.F. Woodhouse Solr Penrith
Arthur Collinson Clerk with Messrs Scott Allan & Graham Solicitors Penrith
On the 8th October 1923 Probate of this Will was granted at Carlisle to Eleanor Beaty and Sarah Agnes Dodd the Executrixes