Thomas Hemingway, Butcher, Dewsbury, 1855

Extracted from the Registry of the Prerogative Court of York

This is the last Will and Testament of me, Thomas Hemingway, of Dewsbury, in the County of York, Butcher.

I nominate and appoint my friend John Parker Brooke, of Dewsbury aforesaid, Grocer, and Thomas Halliwell of the same place, Silversmith, to be Trustees and Executors of my Will, And I appoint my dear Wife Guardian of my Child or Children.

I give, devise and bequeath All my Real and Personal Estate, whatsoever and wheresoever, which shall belong to me at my decease, unto and to the use of the said John Parker Brooke and Thomas Halliwell and their heirs, upon Trust to dispose thereof according to the directions hereinafter contained, that is to say,

I bequeath the household furniture of which I shall die possessed unto my dear Wife absolutely.

I bequeath the income of my Real and Personal Estate of which I shall die possessed to my said Wife for her life, And on her death I give and bequeath all my Real and Personal Estate, with the future income thereof, to such Child or Children of mine then living, and such issue then living of my Child or Children then deceased, as shall either before or after the death of my said Wife attain the age of twenty one years, as tenants in common, in a course of distribution according to the stocks and not the number of individual objects, and so that the issue of deceased Children may take by way of substitution the share or respective shares only which the Parent or respective Parents would if living have taken.

And I empower my Trustees after the death of my said Wife to apply the whole or any part of the income of my said Real and Personal Estate in or towards the maintenance or benefit of my Child or Children respectively, But in case my said Child or Children shall die under the age of twenty one years, then I direct and bequeath the income of my said Real and Personal Estate to be paid unto my said Wife during her life, And after my said wifes decease, and the decease of my said Child or Children under twenty one years of age as aforesaid, then and in such case I give, bequeath and devise the whole of my said Real and Personal Estate unto such Child or Children of John Fearnsides of Dewsbury aforesaid, Butcher, as shall be then living, and to Robert Hemingway, the son of Abraham Hemingway of Dewsbury aforesaid, Butcher, their heirs and assigns, as tenants in common.

I empower and direct my said Trustees to sell and convert into money at their discretion all my said Real and Personal Estate, and apply the proceeds thereof according to the directions and trusts herein declared.

I direct that all my just debts and funeral and testamentary expenses be fully paid with all convenient speed after my decease.

And I exempt every Trustee of my Will from liability for losses occurring without his own wilful default, and authorise him to retain and allow to his Co-Trustee or Co-Trustees all expenses incidental to the trusteeship of this my Will.

And I further direct and declare that if my Child or Children shall attain the age of twenty one years during the life of my said Wife, then I direct and bequeath unto my said Wife and Children, during the life of my said Wife, the income of my said Real and Personal Estates in equal proportions.

Lastly I revoke all other Wills by me made.

In witness whereof I have hereunder set my hand, this fifth day of May in the year of our Lord One thousand eight hundred and fifty five.

Thomas Hemingway

Signed by the said Testator as his last Will and Testament in the presence of us, present at the same time, who at his request, in his presence, and in the presence of each other, have subscribed our names as witnesses.

Chas. Walker, Solicitor, Dewsbury

George Catlow, Dewsbury

The Will of Thomas Hemingway, late of Dewsbury, in the County of York, Butcher, deceased,

Was Proved at York the eighteenth day of June in the year of our Lord One thousand eight hundred and fifty five,

Before the Reverend Thomas Allbutt, Clerk, Commissioner of the Right Worshipful Granville, Barronet Vernon, Master of Arts, Commissary and Keeper General of the Exchequer and Prerogative Court of York, lawfully constituted,

By the Oaths of John Parker Brooke and Thomas Halliwell, the Executors therein named,

To whom administration was granted of all and singular the Goods, Chattels and Credits of the said deceased,

They having been first sworn by Commission duly to administer.

Wm. Hudson

Jos'h Buckle

Deputy Registrars

Proved at London the 7th July 1855 by the Oaths of John Parker Brooke and Thomas Halliwell, the Executors,

To whom Adm[inistrati]on was granted, having been first sworn by Commission duly to administer.