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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)
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