Will made 5 April 1778; proved 28 January 1786

Executors = Reuben Bateman (son) and Jonas Bateman (nephew)

I Daniel Bateman of Wyke in the parish of Birstall in the County of York, Miller, do make and publish this my last Will and Testament whereby I give and Dispose of all my Estate and Effects in manner following

I give and devise unto my dear wife Rosamond Bateman and her assigns during her life one Annuity clear yearly rent or sum of Fifty Shillings free from all Taxes and Deductions to be issuing (sic) and payable out of all my Messuages Lands Tenements and Hereditaments in Wyke and in the parish of Birstall aforesaid or elsewhere in the said County of York to be paid by two equal half-yearly Payments at Whitsuntide and Martinmas in every year; the first payment whereof to be made at such of those times as shall next happen after my death; and I subject and change all my said Messuages Lands Tenements and Hereditaments to and with the payment thereof accordingly

And I do hereby direct that, in case the said Annuity or any part of it shall be unpaid for forty days next after either of the said Times whereon the same ought to be paid, to be paid as aforesaid being lawfully demanded that then and so often it shall and may be lawful for my said Wife and her assigns to enter into and all and every or any of the premises charged with the said annuity as aforesaid and distrain for the same or for so much thereof as shall be so in arrear, and the Goods and Chattels so distrained to impound and detain and to sell and dispose thereof according the Law all of such Arrearages and all Costs relative thereto she and they shall be fully paid and satisfied

And I do expressly declare that the said Annuity so given to my Wife as aforesaid is by me intended and shall be by her accepted in lieu and full satisfaction of all her right and Title of Power and Thirds and all other her right Title Interest claim and demand of in to or out all and every my Messuages Lands Tenements Hereditaments and Real Estate whatsoever and that on her Acceptance of the first payment thereof she shall release and give up all her Rights and Title of Dower and Thirds accordingly

And as for all and every my said Messuages Lands Tenements and Hereditaments in Wyke and in the parish of Birstall aforesaid and also all my other real Estate whatsoever and wheresoever subject to and charged with the said Annuity or yearly Rent to my said Wife for her life as aforesaid and also all and every my personal Estate and Effects and Substance whatsoever and wheresoever, I do hereby give devise and bequeath the same and every part thereof unto and to the use of my eldest son Reuben Bateman and my nephew Jonas Bateman their Heirs Executors Administrators and Assigns absolutely forever according to the respective Tenures thereof Upon Trust that they the said Reuben Bateman and Jonas Bateman or the Survivor of them or their Heirs Executors or Administrators of such Survivor do and shall so soon as conveniently may be after my death  convert all my personal Estate into cash and also absolutely sell dispose of any convey away all my said Messuages Lands Tenements Hereditaments and Real Estate either together or in parcels for the best price or prices which can reasonably be got for the same and by and out of the Monies arising from my said Real and Personal Estates in the first place pay off and discharge all such Debts and Sums of Monies as I shall justly owe at the time of my death and also my Funeral expences (sic) and the Expence of proving and registring (sic) This my Will

And upon further Trust that they my said Trustees or the Survivor of them or the Heirs or Executors or Administrators of such Survivor do and shall pay apply and divide the surplus of the Monies arising and which shall be received from my said Real and Personal Estates unto and equally amongst my five children the said Reuben Bateman and Jonas Bateman his brother and Dolly Susanna and Rose or Rosamond Bateman his sisters or such of them as shall be then living and the issue of such of them as shall be then dead and have left issue to take in equal Shares and Proportions the part or Share which their respective Fathers or Mothers would have taken if living

And I hereby expressly declare and direct that the receipt or receipts of my said Trustees or the Survivor of them or his Heirs shall be effectual Discharge to all purchasors of the premises for his or their purchase Money or so much thereof as in such receipts shall be expressed, to be received without such purchasors or any of them being obliged to see the application or being answerable for the misapplication of such purchase money or any part thereof and that it shall be lawful for my said Trustees and their Heirs to deduct out of the same Trust promises not only all Costs and Expences attending the Execution of the said Trusts but also a reasonable allowance for Their Trouble in the Execution thereof; And that they shall not be answerable for the Acts receipts or defaults of each other but each for his own Acts Receipts or Defaults only; and that they either or any of them shall not be liable to make good any losses which may happen without their Collusion or wilful Default

And I make and appoint my said son Reuben and my said nephew Jonas Bateman Joint Executors of this my Will hereby revoking all former Wills by me made

In Witness whereof I the said Daniel Bateman, the Testator, have to this my last Will and Testament contained in Two Sheets of Paper set my hand and seal, to wit to the first my hand and to the second and last my hand and seal, the fifth day of April in the Year of our Lord one thousand seven hundred and seventy eight Daniel Bateman (mark of seal added)

Signed sealed published and declared by the said Daniel Bateman the Testator as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our Names as Witnesses hereto – Joshua Bower – Benjamin Lockwood – Richard Murgatroyd.