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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
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