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The Will of Joshua Hodgson

 

    This is the last will and testament of me Joshua Hodgson of Wike in the parish of Birstall, Yeoman,  which I do make and publish now whilst I am of sound and disposing mind and memory, in manner and form following, that is to say--

     First I direct all my just debts, legacies, funeral and testamentary expenses to be paid out of my personal estate, and in case the same not be sufficient for payment thereof then I direct that the same shall be a charge on my real estate hereinafter devised.

     I give and devise unto my nephews James Mosley of Huddersfield, upholsterer, John Hodgson of Wike, currier, Joseph Scott of Wibsey, weaver, all that farm house, barn, mistal, and outbuildings with the close of land commonly called 'the Waylands' with the appurtenances situate and being at Scholes, and now in the ocuupation of William Squires and his son, as his undertenant, and also all that cottage or dwellinghouse situate and being at Scholes aforesaid occupied by John Hepworth. AND also all those 2 several cottages or dwellinghouses being at Wike and now occupied by John Brooke and Joseph Briggs or their undertenants, and also all and singular other my real estate whatsoever and wheresoever to the use of the said  James Mosley of Huddersfield, upholsterer, John Hodgson of Wike, currier, Joseph Scott of Wibsey, weaver.

     In trust in the first place to receive and take the rents and profits thereof from time to time as they shall become due, and pay and apply the same unto my sister Lydia Briggs otherwise Hodgson for her maintenance for the term of her natural life, and from and after her decease to pay and apply the said rents and profits of my said real estate during the life of the survivor of my brother John Hodgson of Wike Farmer, and my sister Sarah the wife of John Marsden of Wike Cartwright, and Elizabeth Sugden of Tong, widow of Robert Sugden late of Tong, Forgeman, deceased, unto and amongst their children in the shares and proportions following.

    That is to say one equal third part thereof unto and amongst all and every the children of my said brother John Hodgson, another equal third part thereof unto and amongst all and every the children of my said sister Sarah the wife of John Marsden, (except her eldest son who I declare shall take no interest through or under this my will ), and the remaining third part thereof unto and amongst all and every the children of my said sister Elizabeth Sugden, in equal shares, and from and after the decease of the survivor of them, then upon trust that they the said trustees for the time being do and shall when and as they think proper absolutely sell and dispose of the same farm house, barn, mistal, close of land, cottages and real estate, either by public sale or private contract  in such manner as shall be most convenient and at the best price. ( followed by a whole page of legal jargon).

    All returns to pay and divide the same unto and amongst all the said children above.

   My will and mind to be that my nephew Joseph Hodgson, the son of my said brother John Hodgson shall have and be paid £40 more out of the one third of the produce of the said sale than his brother Samuel Hodgson, and £20 more than his brother John Hodgson. AND I further declare that my nephew John Hodgson another son of my brother John Hodgson shall have £20 more than his said brother Samuel Hodgson.

    If any of the said children should happen to die without leaving issue then the share of them so dying shall be equally divided amongst his brothers or sisters surviving. (except the eldest son of Sarah Marsden)

 I give and bequeath unto Joshua Singleton of Wike, the natural son of my brother James Hodgson the sum of 19 Guineas to be paid at the time hereinafter mentioned.

 I also give and bequeath unto John Singleton, the son of Joshua Singleton the sum of £15 which said legacies I direct my trustees and executors to pay out of the produce of the sale of my said real estate before the same is divided as aforesaid.

   AND whereas I have erected and built a messuage or dwellinghouse upon the estate of the said John Marsden at Wike in which I now live and it was agreed between me and John Marsden that I should have the use and enjoyment thereof during the life of myself and my said sister Lydia. Now in case the said John Marsden or his assigns shall not permit and suffer me and my sister Lydia peacably and quietly to occupy the same without interruption during our lives, then I direct my trustees and executors to deduct such charge for rent or otherwise from and out of  the share of the children of my said sister Sarah, the wife of John Marsden.

   I give and bequeath unto the said James Mosley, John Hodgson, currier and Joseph Scott all and singular the messuages, lands, tenements and hereditaments which at the time of my decease shall be vested in me upon trust or by way of mortgage and which I have power to dispose of, by this my will, with the rights and appurtenances belonging.

    AND lastly I appoint James Mosley, John Hodgson (currier) and Joseph Scott joint executors of this my will hereby revoking all former wills. In witness whereof I the said Joshua Hodgson the testator have to the 3 preceeding sheets and to this fourth and last sheet set my hand and seal the second day of January 1835.

 

      Signed Joshua Hodgson

 

Witnessed George Higham, of Brighouse Solicitor,

Thos Jessop, Wm Lancaster. (both of Brighouse)

 

   Probate passed 10th July 1837

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A memorial was registered at Wakefield Registry of deeds May 18th 1860, in Book WB Page 417, no 684, (Hodgson's will) by John Hodgson the surviving devisee.

  Signed by John Hodgson and in the presence of James Briggs Corn miller of Wyke and John Briggs Miller of Bailiff Bridge. (Sworn)

 

 

This Will was kindly transcribed and sent in by Gordon.

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