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In the Name of God Amen I JAMES WHYTELL of
Healaugh in Swaledale in the County of York yeoman being of
sound and disposing mind and understanding Do make and publish
and declare this my last Will and testament in manner and form
following that is to say First I will and desire that all my
just debts Funeral expences and the legacies hereinafter given
may be paid by my Executors hereinafter named out of my Personal
estate. I give and bequeath to my Sister in Law ANN HIRD of
Oxcue and to her neice ANN the wife of Mr GEORGE WRAY my best
bed with the bedding and Furniture thereunto belonging, Six of
my best china cups and saucers, one slop bason, one sugar bason,
Two silver Table Spoons, a Tea Kettle, six Knives and Forks
wash'd with Silver, my best Poker Tongs and Fire Shovel with
three round oak tables of different sizes to be delivered to
them by my executors as soon as conveniently may be after my
Death - To my maid servant ANN HARKER in case she shall continue
with me to my death, but not otherwise, I give a Bed with the
Bedding and Furniture thereto belonging, Six china cups and
saucers, one china bason, six Coffee Mugs, one spoon tray, six
silver tea spoons, one pair of silver tea tongs, three painted
pictures and one Oak Kitchen Table, to be in like manner
delivered to her by my said Executors. To the said ANN HIRD and
her said neice I give the sum of £50 to be equally divided
between them - To the said ANN HARKER the sum of £40 and to
ROSAMUND HARKER of Whitaside near Healaugh aforesaid Spinster
the sum of £20. All of which respective sums of £50, £40 and £20
I do order and direct shall be paid by my Executors at the end
of Twelve Months next after my decease. I give and devise to my
trusty Friends GEORGE WRAY of Thoralby in the County of York
gentleman, JOHN BARKER of Healaugh aforesaid Surgeon and
Apothecary and THOMAS HUTCHINSON of Hipswell Lodge in the County
of York gentleman all my freehold Messuages Lands Tenements
Cattlegates Hereditaments and Premises with their and every of
their appurtenances situate and lying and being at Whitaside or
Healaugh or elswhere within the parish of Grinton in the said
County of York To Hold the same to them the said GEORGE WRAY
JOHN BARKER and THOMAS HUTCHINSON ..... upon such trusts as are
herein after mentioned that is to say In trust that they the
said GEORGE WRAY JOHN BARKER and THOMAS HUTCHINSON ....shall and
do as soon as conveniently may be after my decease ... sell and
dispose of all the said Messuages Lands and Premises for the
best prices.... and out of the monies arising thereby and the
rents and profits of the said premises .... pay off and
discharge all my just debts the expences of my Funeral and all
such reasonable charges and expences as they my said trustees or
any of them shall expend .... And from and after the discharge
of all my debts ... I do hereby give and limit and appoint the
residuum or surplus In Trust that they my said Trustees .......
shall in their own names place out the same on Government or
other good and sufficient securities at Interest and to continue
or call in and place out the same again when and so often as
they shall think necessary and from Time to Time pay the whole
annual Interest Dividends or Produce thereof to my nephew ROBERT
CLARKSON son of my late sister MARGARET now or late a soldier in
his Majesties 23rd Regiment of Foot called the Welch Fusliers
for and during the term of his natural life. And from and
immediately after his decease To pay and divide the principal or
Capital Sum with all interest which shall then have accrued
thereon to and amongst MARGARET and ELIZABETH the daughters of
my said nephew ROBERT CLARKSON and such other of his children
lawfully born in Wedlock as may be living at his death in equal
shares and proportions (provided JAMES CLARKSON hereinafter
mentioned shall then be dead) And having already surrendered the
Copyhold Estates which I hold under the Manors Healaugh New Land
and Healaugh Old Land in Swaledale aforesaid to my said Trustee
the said said THOMAS HUTCHINSON his heirs and assigns to and for
such uses Intents and purposes as I shall by my Last Will and
testament give, limit and appoint the same. I Do therefore
hereby order direct and appoint the said THOMAS HUTCHINSON ...
to sell and dispose of the said Estates and that the suplus
money arising therefrom after deducting all charges and Expences
incident thereto shall be by him placed out at Interest in the
names of my said Trustees upon the like Trusts and to and for
the same uses Intents and Purposes as the Money arising from the
sale of my freehold estate is above divided to be applied. And
as to all my personal estate goods chattels and effects of what
nature or kind soever, not herein before disposed of I give and
bequeath the same to the said GEORGE WRAY JOHN BARKER and THOMAS
HUTCHINSON .... In trust to call in all monies due to me at
Interest or otherwise and to sell and dispose of all my other
effects and after a full and honourable discharge of all my
debts Funeral Expences the legacies hereinbefore given and
charges in and about the execution and performance of all the
said trusts To Place out the surplus monies remaining ... at
Interest in Manner as before directed and to pay such interest
together with the Principal sum in like manner and to and for
and upon the same uses and Trusts as the surplus or residuum
arising from the sale of my Freehold and Copyhold estates are
before directed to be applied . And I do direct that whatever
prices may be agreed upon by my said trustees for the sale of my
said estates shall be binding and conclusive to my said nephew
ROBERT CLARKSON ...... And I do constitute and appoint my said
trustees GEORGE WRAY, JOHN BARKER and THOMAS HUTCHINSON joint
executors of this my last Will and Testament and my will is
that they shall be severally allowed out of the Trust ... all
reasonable Charges and expences for their pains and trouble....
and that the one shall not be answerable or accountable for the
Acts Receipts or Payments of the others of them but each and
every of them for his own Acts Reciepts and Payments ... for any
sums of money to be placed out at Interest which shall or may
be lost without his or their wilful neglect. But whereas JAMES
CLARKSON the other son of my said late sister MARGARET may yet
be alive and it being my full intent that he shall equally share
with his brother the said ROBERT CLARKSON in all my estate and
effects before given to the said ROBERT I do therefore hereby
order direct and appoint that if at any time after my death and
during the life of the said ROBERT the said JAMES CLARKSON
should appear and prove himself to be the brother of the said
ROBERT to the satisfaction of my Trustees that then my said
Trustees shall and do from that time pay to the said JAMES
CLARKSON during his life a full moiety or half part of the
yearly interest dividends and profits before directed to be paid
to the said ROBERT. And in case the said JAMES CLARKSON shall
leave Issue of his Body lawfully begotten living at his Death
that such his child or children shall have an equal share with
the children of the said ROBERT ..... Lastly I revoke all former
and other wills by me hereuntofore made and do declare this and
no other to be my last will and testament In Witness whereof I
the said JAMES WHYTELL have hereunto set my hand and seal this
18 September 1789
witnesses James Lonsdale, John Sharpless,
John Sharpless junior
Whereas I JAMES WHITELL of Healaugh have
made and duly executed my last Will and Testament in writing
bearing date 18 September 1789 now I do hereby declare this
present writing to be as a Codicil to my said will and direct
the same to be annexed thereto and taken as Part thereof. And I
do hereby give and bequeath to ANN HARKER more than what is
mentioned in my will bearing date as above My Looking Glass my
Clock a warming Pan a Mahogany Tea Board and the three Pictures
in my Parlour Also the use of my other hosuehold Furniture and
Cow 'till Lady Day 1790 and sufficient Grass and Hay to keep her
'till that time. Also I direct the trustees named in my said
will to give to the Poor of Whitaside £5 and £5 to the Poor of
the Township of Reeth as soon as conveniently may be after my
decease And as to my wearing apparel I direct that the same
shall be given by Mr JOHN BARKER one of the Trustees named in my
said will in such manner as he shall think proper to CHRISTOPHER
WHITEL of Muker HENRY WHITEL of Arkeltown ROBERT WHITEL of Reeth
JAMES HARKER of Birks End and JAMES HARKER of Harkerside. In
witness whereof I the said JAMES WHITEL have to this codicil set
my hand and seal the 23 September 1789
witnesses James Lonsdale, John Sharpless,
John Sharpless junior
RD.AP1.154.183
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