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The Will of James Smith

 

In the Name of God Amen I JAMES SMITH of Carleton [Carlton] in the parish of Coverham and County of York yeoman being in health and of a sound and perfect memory Praised be Almighty God for the same Calling to mind the certainty of Death and the uncertainty of the time thereof Do make this my Last Will and Testament in manner and form following. First I will that all my just debts together with my Funeral expences be fully discharged and Paid by my Executrix hereinafter mentioned and First I will that my Executrix shall pay or cause to be paid to CHRISTOPHER HARDCASTLE £5 at the end of twelve months after my decease if it shall happen that I shall die without any Issue that is without any Child of Children Lafully begotten of my Body and Born to me of my wife or if she be pregnant at my decease then I will that the above Legacy shall be void and not Payable.

Likewise I will that my Executrix pay or cause to be paid to the four sisters of CHRISTOPHER HARDCASTLE to JANE SLATER wife of WILLIAM SLATER the sum of £2 5s and to HENRIETTA WRIGHT wife of GEORGE WRIGHT of Carlton and GRACE VAROAH wife of WILLIAM VAROAH of Melmerby and to RUTH BARRASS wife of JOHN BARRASS of Melmerby to each of them the sum of £1 1s at the end of twelve months after my decease in case I have no child born to me as is above said but if it should happen that there should be a child or children born to me Lawfully Begotten or if my wife should be pregnant at my decease then I will that all the above Legacies shall be null and void and not payable

Likewise I will that my executrix pay of case to be paid to ALEXANDER TROTTER and MARY TROTTER his sister and to THOMAS TROTTER all of Askrigg the sum of £1 1s each of them at the end of twelve months after my decease

Likewise I give unto TRISTRUM HOG of West Scrafton the sum of £1 1s to be paid to him at the end of twelve months after my decease

Likewise I give unto DOROTHY RUNDER of Bellerby the sum of £1 1s to paid to her at the end of twelve months after my decease

Likewise I give unto JANE PEACOCK wife of JONATHAN PEACOCK the sum of £1 1s at the end of twelve months after my decease

Likewise I give unto JANE WEBSTER of Kirkby Hill the sum of £1 1s at the end of twelve months after my decease  if in case I should die without Issue but if a Child or Children should be lawfully born to me or my wife should be Pregnant at my decease then I will the above Legacies shall be null and void and not Payable anything herein contained to the contrary but if a child or children should be born to me or my wife should not be pregnant at my decease then I will that all the aforesaid legacies shall be duly and truly paid according to the Tenor of the will and if it should happen that I should have a child Lawfully born to me or that my wife should be pregnant at my decease and the said child should Live untill it shall arrive at the age of 21 years I do give devise and bequeath unto such child all my houses buildings and edifices now standing lying and being within the precincts and territories of Carleton to the said Child to his of her heirs and assigns for ever the said child paying of causing to be paid to ELIZABETH PICKARD my wife the sum of £3 in the year during her life in lieu of her thirds or dowry and if she shall be then living when the said Child shall attain the age of 21 years the said sum of £3 be paid to her at two separate payments by equal portions the one half on the 11 May and the other half upon 22 November yearly during her life and the first payment to be made on the first of those days that shall happen next after the said Child shall attain the age of 21 years for my will is that the said Child shall not enter upon the said houses until he or her shall attain the age of 21 years for my will is my wife ELIZABETH the mother of the said child shall have the rents issue and profits arising from such houses to bring the said Child up on and to give it good education and for want of such issue or of such child as above said I do give and despose of the said Messuage houses and buildings in manner following and First I  give bequeath and demise unto MARY PICKARD daughter of my wife ELIZABETH the west end of my dwelling house wherein ELIZABETH JACK mother of my wife ELIZABETH dwelleth with the Chamber over it with a Little Parcill of ground lying on the north side thereof which was formerly a milk house She to enter on the same when she shall attain the age of 21 years and if it should happen I should be dead or otherwise at my decease to her her heirs and assigns for ever

Likewise I give demise and bequeath to ELIZABETH PICKARD daughter of my wife ELIZABETH the messuage or dwelling house wherein JOSHUA LOBLEY now dwelleth with a litte Parlour at the west end thereof with the Chamber over them she to enter on the same when she she shall attain the age of 21 years if I should happen to be dead but if I should live untill after she arrives at the age of 21 years then she to enter on the same and to have and to hold the same to her heirs and assigns for ever

Likewise I give demise and bequeath to FRANCIS PICKARD son of my wife ELIZABETH the est [east] end of my dwelling house with the chamber over it with the shop at the east end of it with the Little Room on the Back side thereof with all the Priviledges and Appurtenances thereunto belonging he to enter upon the same when he shall attain to the age of 21 years if I should happen to be the dead but if it should happen that I should happen to be living then he to enter on the same at my decease To Have and To Hold to him his heirs and assigns for ever

Lastly I give unto my wife ELIZABETH that is to say I give devise and bequeath to his the west end of my Dwelling house with the Chamber over it with the Cellar and Milk House thereunto belonging with all the Priviledges and Appurteances thereunto belonging to her her heirs and assigns for ever if she remains my widow by if she should happen to marry again I will she shall but have her life in it. That she shall but enjoy it her Life time and if she should happen to marry again then I will that it shall go to her son FRANCIS after her decease ... and I do hereby nominate and appoint my well beloved wife ELIZABETH SMITH sole and whole executrix to this my last will and testament she paying all my just debts funeral expences and legacies and to whom I do give all my Bills Bonds and Credits with all my goods and chattels wheresoever and whomseover she Performing all my will and Pleasure according to the True Intent and meaning hereof In witness whereof I have hereunto set my hand and seal 2 January 1783

witnesses Thomas Metcalf, John Hammond, James Dixon

 

1783 6 December the within named Executrix appeared personally and was sworn ....

 

RD.AP1.153.30

 

This Will was kindly transcribed and sent in by Marion.

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