The Will of John Young

In the Name of God Amen I John Young of Hooknorton in the County of Oxon Grasier being in a good State of Health and of a sound and disposing Mind and Memory but considering the Uncertainty of this Transitory Life do make and publish this my last Will and Testament in manner and form following (that is to say) First I Give unto my Sons John Young and Harris Young and also to my Daughter Hannah Tredwell one Guinea apiece having already made Provision for them Also I Give and Devise unto my well Beloved Wife Mary Young All that my Peice or Parcel of inclosed Ground lying and being within the Parish Liberties or Precincts of Hooknorton aforesaid commonly called or known by the Name of Sparkes Harthill with the Appurtenances To Have and To Hold the said Peice or Parcel of inclosed Ground with the Appurtenances unto my said Wife and her Assigns during the Term of her Natural Life and after her Decease unto the Executors & Administrators of my said Wife for and during the Term of Two Years from thence next ensuing And from and after the End and Expiration of the said Term of Two Years Then I Give and devise the said inclosed Piece or Parcel of ground called Sparkes Harthill and To the Use of my Son William Young and to his Heirs and Assigns for ever Also I give and Devise All that my inclosed Piece or Parcel of Ground lying and being within the Parish Libertie or Precincts of Hooknorton aforesaid and commonly called Sammans Harthill with the Appurtenances unto my said Wife Mary and her Assigns during the Term of her natural Life and after her Decease unto the Executors and Administrators of my said Wife for and during the Term of one whole Year thence next ensuing and from and after the End and Expiration of the said Term of one Year Then I Give and Devise the said Piece and Parcel of Ground called Sammans Harthill with the Appurtenances unto my Son Nathaniel Young and his Assigns for and during the Term of his Natural Life And from and after the Date…..of that Estate Then I Give & Devise The Same unto my Brother in Law John Hagwood living near Water Stratford in the County of Bucks and John Goffe of Hooknorton aforesaid Baker and their Heirs during the natural Life of my said Son Nathaniel Young In Trust to support and reserve the Contingent Uses and Estate hereinafter…..from being defeated and destroyed and for that Purpose to make Entries or bring Actions as the Case shall require But nevertheless to permit and suffer my said Son Nathaniel and his Assigns during the Term of his Natural Life to receive and take the Rents and Proffits thereof and for his and their own Use and Benefit And from and after the Decease of my Said Son Nathaniel Young Then to remain and be and I Give and devise the said inclosed Piece or parcel of Ground called Sanemans Hartehill and the Appurtenances unto the First Son of the Body of my said Son Nathaniel Young lawfully issuing and the Heirs of the Body of such First Son lawfully issuing and for Default of such Issue Then to the Use and Behoof of the Second Third Fourth Fifth and all and every other Son and Sons of the Body of my said Son Nathaniel Young lawfully issuing (John Young the seal) The Elder of such Son and Sons and the Heirs of his Body lawfully issuing to be always preferred and take by the Younger of such Sons and the Heirs of his Body and for Default of such Issue Then to the Use and Behoof of all and every the Daughter and Daughters of the Body of my said son Nathaniel and the Heirs of the Body of such Daughter or Daughters as Tenants in Common and not as joint Tenants and for default of such Issue Then I Give and devise the Peice or Parcel of Ground called Sammans Hartehill with the Appurtenances to the Use and Behoof of my Grandson Ric Young Son of my Son Harries Young and to his Heirs and Assigns for ever Provided nevertheless and the Estate & Interest of my said Grandson Richard Young hereby created of and in the said Peice or Parcel of Ground called Sammans Hartehill Upon Condition that the said Richard Young and his Heirs thereout pay or cause to be paid unto his Sister Lucy Young ……Age of Twenty Three Years if He my said Grandson or his Heirs shall then be possessed of the said Pieces or Parcel of Ground called Sammans Hartehill or within one Year after he shall be possessed thereof Provided also and my Will is that if the said Piece of Ground called Sammans Hartehill shall happen to descend and come to my said Grandson Richard Young by Virtue of this my Will before he shall attain his Age of Twenty one Years Then and in such Case my Will is that my said Son Harris shall receive and take the Rents thereof for his own Use until my said Grandson shall arrive to the Age of Twenty one Years Also I Give and Devise All that Piece or Parcel of Ground with the Appurtes lying also within the Liberties and Precincts of Hooknorton aforesaid called the Horses Poole and Flax Lands unto my said Wife for the Term of her Natural Life and after her Decease Then I Give and Devise the same Piece or Parcel of Ground called the Horses Poole and Flax Lands unto my said Brother in Law John Hagwood and my Son William Young their Heirs and Assigns during the natural Life of my Daughter Mary Warmington Upon Trust nevertheless that they the said John Hagwood and William Young their Heirs and Assigns shall and for and during the natural Life of my said Daughter Mary pay apply and dispose of the Rents Issues and Proffits of the said Ground called the Horses Poole and Flax Lands as the same shall be by them had and received unto such Person or Persons and for such Use and Uses and Purposes as my said Daughter Mary shall from time to time notwithstanding her Coverture by any Note in Writing by any Note or Notes in Writing under her Hand direct and appoint to the Intent that the same may not be at the disposal or Subject or liable to the Controul Debts or Engagements of her Present or any after taken Husband but only at her own sole and separate Disposal and for her own sole and separate Use and Benefit and after the Decease of my Daughter Mary Then I Give and Devise the same Piece or Parcel of Ground called the Horses Poole and Flax Lands unto all and every the Children of my said Daughter Mary which shall be then living at the Time of her Decease and to their Heirs and Assigns for ever to be equally divided amongst And in case my (John Young) sd Daughter Mary shall have no Children at the Time of her Decease or if She shall have Children and all such Children shall happen to die leaving no Heirs bfore their Ages of one & Twenty Years Then and in such Case I Give and devise the sd Ground called the Horses Poole and Flax Lands unto and to the Use of my said Grandson Richard Young son of my sd son Harris Young and to his Heirs and Assigns for ever Also I Give & Devise unto my Son Nathaniel Young and his Heires All That my one half Yard Land of Arrable Meadow & Pasture Ground lying and Being in the open and common Fields of Hooknorton aforesaid which I bought and purchased of and from John Box together with all Commons Proffits & Appurts thereto belonging To Have and To Hold the said half Yard Land with the Appurtenances unto and To the Use of my said Son Nathaniel Young his Heirs & Assigns for ever Also I Give & Devise unto my Wife the Lands I hold and have of and two Several inclosed Pieces and Parcels of Ground lying in the Liberties of Dundrop in the sd County of Oxford called the Sheep Walk and my Estates Interest and Term therein To Hold unto my said Wife her Exors and Adminors for all the Remainder of the Term I have therein Also I Give and Bequeath unto my Wife All my Household Goods Beds Bedding Brasses Pewter Brewing Vessel and Implements of Household whatsoever: Also I Give & Bequeath unto the said John Hagwood and my said son Wm Young their Executors and Admors Seventy pounds of Lawfull Money of great Brittain to be paid to them within two Years after my Wife’s Decease Upon Trust nevertheless that they the said John Hagwood and William Young or the Survivor of them his Exors and Administrators shall and do pay apply and Dispose of the said Sum of Seventy Pounds and the Interest thereof unto such Person or Persons in such manner for such Uses and Purposes as my sd daughter Mary notwithstanding her Coverture together with the….Approbation of the sd John Hagwood and Wm Young their Exors and Adminors shall from Time to Time by any Note in Writing by any Note or Notes in Writing under her Hand direct and appoint Also I Give and Bequeath my stock of Cattle , Crops and Corn Grain and Hay Implements of Husbandry and all the rest and residue of my Goods Chattles Credits Personal Estate and Effects wtsoever (not hereinbefore by me given and Bequeathed) unto my said Wife her Executors and Adminors In Trust nevertheless and to the Intent and Purposes that she my said Wife her Exors and Adminors shall sell and dispose of all my said Stock and Crop Implements of Husbandry Goods Chattles Personal Estate and Effects for the best Price or Prices that can be gotten for the same and by and out of the Moneys arising by such Sale shall in the first Place Pay or cause to be paid all such Sum and Sums of Money that I shall owe at the Time of my Decease on Mortgage and afterwards all the just Debts that I shall owe on Bill Bond or other contract whatsoever and (John Young) All the Legacies hereinbefore by me given and my Funeral Expences as far as the same shall amount unto and extend and if then there be any Over Plus Money remaining after Payment Debts Legacies and Funeral Expences Then I Give such Over Plus Money unto my said Wife her Executors and Administrators Also I Give & Devise unto my unto my said Wife and to her Heirs and Assigns All Those several pieces and parcels of inclosed Ground lying and being within the Parish Liberties & Precincts of Hooknorton aforesaid commonly called or known by the Name of Hulls Harthill or Barrets Harthill together with the Oxpens and Rick Yard with their and every of their Appurts To Have and To Hold the said last mentioned pieces and parcels of inclosed Ground lying and being within the Parish Liberties & Precincts of Hooknorton aforesaid commonly called or known by the Name of Hills Harthill or Barrets Harthill together with the Oxpens and Rick Yard with their and every of their Appurts unto my said Wife and to her Heirs and Assigns for ever Upon Trust nevertheless and to the Intent and Purposes hereinafter mentioned and declared (that is to say) In Trust and to the Intents and Purposes that if my Stock Crop and Personal Estate hereinbefore bequeathed shall not be sufficient to pay all my Debts Legacies and Funeral Expences above mentioned That the ….said Mary Her Heirs and Assigns shall and may by sale or sales…. The inclosed Grounds called Hulls Harthill or Barrets Harthill together with the said Oxpens and Rick Yard or any Part thereof By Mortgage or Mortgages thereof or such part thereof as shall be necessary and sufficient or by any other Wayes or Way as she my said Wife shall think fit and proper to raise or cause to be levied raised and made such and so much money as shall be sufficient for paying and discharging the rest and Remainder of the said Mortgages and Securities and my said Debts Legacies and Funeral Expences(which my said Personal Estate Except Household Goods) shall not be sufficient to pay, and pay the same accordingly and after full payment thereof Then I Give & Devise the said Hulls Harthill or Barrets Harthill together with the said Oxpen and Rick Yard with their and every of their Appurts or so much and such parts thereof as shall remain unsold unto my said Son Nathaniel Young during the Term of his natural Life and after the determination of that Estate I Give and devise the same unto my said Brother in Law John Hagwood and the said John Goffe and their Heirs during the life of the said Nathl Young To the Intent to preserve and support the continuing Uses and Remainders hereinafter limited But nevertheless to permit and suffer my said Son Nathaniel Young to receive the rents and profits thereof during his Life and from and after the Decease of my sd Son Nathaniel Young then to remain and be to the (John Young) the first son of my said son Nathl and the Heirs of the Body such first son lawfully Issuing and for Default of such Then to the Use and Behoof of the Second Third Fourth & Fifth and all and every other son and sons of my said son Nathaniel to be begotten the Elder of such Son and Sons….to be always first And to take before the Younger of such Sons and the Heirs of his Body and for default of such sons Then to the Use and Behoof of all and every the Daughter and Daughters of the Body of my said son Nathaniel and the Heirs of the Body of such Daughter and Daughters as Tenants in Common and not as Joint Tenants and for Default of such Issue Then I Give and Devise the same to my Grandson John Young son of my son Willm Young and to his Heirs and Assigns for ever Provided nevertheless and the Estate and Interest of my said Grandson John Young and his Heirs of and in the said two grounds called Hulls Harthill or Barrets Harthill is upon Condition that he my said Grandson John Young and his Heirs of and in the two grounds called Hulls Harthill or Barrets Harthill is upon Condition that he my said Grandson John Young or his Heirs shall pay or cause to be paid out of the said Grounds called Hulls Harthill or Barrets Harthill unto his Three sisters Ann, Sarah and Hannah Ten Pounds apiece And unto my Daughter Hannah Tredwell’s Three Daughters Namely Mary, Alice and Ann Ten Pounds a piece And also unto my Daughter Mary’s daughter Ten pounds within Two Years after he or they shall become possessed of the same Premises And I do appoint the said John Hagwood and John Goffe Overseers of this my Will desiring them to see the same performed in every Respect and to be assisting my Executrix in the Management and Execution thereof And I do make and ordain & appoint my said Wife Mary full and sole Executrix of this my last Will and Testament contained in Five Sheets of Paper to each of which I have set my Hand and Seal this Fifth Day of July in the Year of our Lord One Thousand seven Hundred and Fifty Eight  –  John Young

(Attestation Clause)
Ann Groves
John Braine
John Councer


Proved at Oxford 6 December 1758