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The Will of Nicholas Saers

 

In the name of God Amen Nicholas Saers of Fountains Abbey in the County of York being of sound and perfect mind and memory thanks being to God calling to mind the certainty of death and the uncertainty of the time thereof to make and ordain this my last will and testament in manner and form following. First I give and bequeath my soul to the  hands of almighty God  who gave it hoping through the merits of my Lord and saviour Jesus Christ  to obtain pardon of all my sins and a joyful resurrection at the last my body I commit to the earth to be interred in Christian burial at the discretion of my daughter  without any pomp and at as small a charge as may be .  As for my worldly estate where with it has pleased God bless me I give and dispose of the same as followith them.  I give to my beloved son in law Michael James Messenger Esq ten guineas . I give to my grandson John Michael Messenger one five pound piece of gold  and my silver spurs.  I give to my granddaughter Margaret Messenger  one five pound piece  of gold.  I give to my friend Gabetus Norton  five guineas with thanks for the kind acceptance of the trust therein committed to him.  I give to each of Mr Messenger's servants men and women half a guinea .  I give to my sister in law Mary Theresa Balisy at Lovain  an annuity of two guineas a year, to be paid her by my daughter  every year during her natural life.  The rest and residue I give and bequeath to Gabetus Norton Esq. That is to say all and singular the goods chattels and furniture, pictures, tapestries plate jewels money bills bonds and all and singular other the security and securities for money  and all the real and personal estate whatsoever which shall in any wise be due and owing or belonging to me at the time of my decease, to have and to hold the same unto him  the said Gabetus Norton his executors and administrators immediately from and after my decease upon their especial trust and confidence never the less that he the said Gabetus Norton and his executors and administrators shall pay and apply and dispose of the interest profits and proceed of all my said estate to my daughter wife of Michael James Messenger during the joint lives of her and the said Michael James Messenger her husband, the same to be paid  to her own proper hands only or unto such person or persons only for such uses intents and purposes only as my said daughter alone without the order direction infermedling or control of him the said Michael James Messenger not withstanding the coverture between them shall by any writing or writings to be signed by my said daughter with her name of her own proper handwriting from time to time direct and appoint for the separate and particular use and disposal of my said daughter where with her said husband shall not intermeddle or have any power to dispose of or encumber the same. And in case my said daughter shall happen to outlive the administrators immediately from and after my decease upon this especial trust and confidence never the less that he the said Gabetus Norton and his executors and administrators shall pay and apply and dispose of the interest profits and proceed of all my said estate to my daughter wife of Michael James messenger during the joint lives of her and the said Michael James messenger her husband  the same to be paid to her own proper hands  only or unto such person or persons only and for such uses intents  and purposes only as my said daughter alone without the order direction intermedling or control of him the said Michael James Messenger, not withstanding the coverture between them shall by any writing or writings to be signed by my said daughter with her name of her own proper handwriting from time to time direct and appoint for the separate and particular use and disposal of my said daughter  where with her said husband shall not intermeddle or have any power to dispose of  or incumber the same.  And in case my said daughter shall happen to outlive the said Michael James messenger her husband, then upon this further trust that my said trustee his executors and administrators shall assign transfer pay and deliver up to my daughter all my said estate and effects before devised to him.  But if my said daughter  shall die in the life time of her said husband upon this further trust and confidence that my said trustee his executors and administrators shall pay apply and dispose of  my said effects and estate so as aforesaid bequeathed to him to such person or persons and for such uses intents and purposes as my said daughter shall by her last will and testament in writing direct or appoint exclusive to her  said husband who shall not have any power to meddle with dispose of or incumber the same. And for want of such a will and appointment upon this further trust my said trustee his executors and administrator shall pay apply and dispose of my said effects before bequeathed to him to the administrators of my said daughter  to nominate and appoint Gabetus Norton Esq sole executor of this my last will and testament written with my own hand  in witness whereof the said Nicholas Saers have here unto set my hand and seal this ninth day of September in the year of our Lord one thousand seven hundred forty seven.

 

Signed sealed published and declared by the testator to be his ast will and testament in presence of us

Laurence Saville

John Hainstock

 

Obligation

Know all men by their presence that we Gabetus Norton of Sawley in the parish of Ripon in the County of York Esq, and John Hainstock of the same place do stand and are firmly bounden and obliged etc………. in the sum of one hundred pounds……… (etc etc etc)

 

8th November 1750 Probate

 

Exton of the will of Nicholas Saers late of Fountains par Ripon… was granted to Gabertus Norton esq ……….

 

13th November 1750

 

 

This Will was kindly transcribed and sent in by Laurel.

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