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This is the last will and
testament of me MARK NEWBY of Barningham in the Co of York,
Schoolmaster, I direct my earthly remains to be interred in as plain
a manner and as moderate an expense as decency will admit of. I give
and devise and bequeath all my real and personal estate and effects
whatsoever and wheresoever... except such part of my personal estate
as are herein specifically bequeathed, unto and to the use of my
three sons GEORGE NEWBY, MARK NEWBY the younger & FRANCIS NEWBY upon
trusts... that is to say upon trust to sell and dispose of my real
estate by public auction or private contract either together or in
parcels for the best price... and to sell collect receive and
convert into money all my personal estate and effects, except as
aforesaid. And by and out of the monies arising... my said trusteees
shall pay all of my just debts and funeral and testamentary expences.
And I declare that the said GEORGE NEWBY, MARK NEWBY the younger and
FRANCIS NEWBY... shall be possessed of the surplus... upon trust to
divide the same into 6 equal shares and to pay 2 such shares unto my
daughter MARY NEWBY... and 2 sixth shares unto my daughter JANE
TABOIS and to divide the remaning 2 sixth shares equally amongst my
four sons THOMAS NEWBY, GEORGE NEWBY, MARK NEWBY the younger and
FRANCIS NEWBY and I direct that the said share to which my said son
THOMAS NEWBY shall bcome entitled of and in the said monies shall
not be paid or be payable to him... until he... shall have paid to
my executors all such sums of money I have already advanced or paid
to my son THOMAS NEWBY wihin the last 7 yrs... And in case my son
THOMAS NEWBY shall omit or refuse to pay off such sums of money I
direct and authorise my executors to apply his share of the monies
above mentioned towards the payment and satisfaction thereof in such
manner as my said executorss in their discretion shall think fair
and proper... I give and bequeath unto my two granddaughters MARY
ELIZABETH MONKHOUSE and MARY ELIZABETH JOHNSON the sum of £10 each.
I give and bequeath to the said GEORGE NEWBY my Gold Watch with the
chain and seals and key and also the landscape which hangs in the
staircase of my present dwelling house and I do hereby nominate and
appoint my said sons GEORGE NEWBY , MARK NEWBY the younger & FRANCIS
NEWBY executorss 10 April 1827
Witnesses Wm Watson, Thomas
Hird, John Thompson.
Proved at London 30 August
1830 on oath of Reverend GEORGE NEWBY clerk and MARK NEWBY the sons
the surviving executors.
PROB 11 1775 |