Luke Hemingway Dewsbury, 1824
This is the last Will
and Testament of me Luke Hemingway of Dewsbury in the County of York
Blanketmaker which I hereby make in a manner following (that is to say) Ffirst I will and direct that all my just
Debts Funeral Expences and the Charges of proving and attending the due
execution of this my Will be duly paid and satisfied by my Executors as soon as
possible after my decease. And subject
thereto I give and bequeath All my Household Furniture Plate Linen China Glass
Wearing Apparel and other my Household Effects and all my Looms Tenters Hangers
Working and Ffarming Utensils Cattle and all my Stock of Hay Corn or other
ffarming produce which may be in and about the Farm Lands and Premises I occupy
under William Greenwood Esquire and all my tenant Right and Interest in the
same unto my Dear Mother Ann the Wife of Thomas Wilson as and for her own
absolute Property and Effects. Also I
give and bequeath my Two Sittings in the Pew No 13 being the first from the Door
in the South Gallery of the Parish Church of Dewsbury aforesaid unto my Brother
Dan Hemingway his Executors Administrators and Assigns for ever. And as to all the rest residue and remainder
of my Personal Estate and Effects whatsoever and wheresoever of what Nature or
kind soever the same may be or consist of or over which I may have a disposing
power at the time of my decease. And
all my Share and Interest in the Mill Housing Lands and Hereditaments situate
standing and being at a place called Scar End in the Parish of Dewsbury
aforesaid called or commonly known by the Name of the Scar End Mill and all my
Share and Interest in the Machinery Steam Engine and other Working Apparatus
and in and to all Book and other Debts and Property belonging thereto. And all other my Real Estate whatsoever (if
any) within the said County of York I give devise and bequeath the same unto my
worthy ffriends the Reverend John Buckworth of Dewsbury aforesaid Vicar, John
Halliley the Younger of the same place Merchant and my ffather in Law Thomas
Wilson of the same place Blanketmaker and the Survivors and survivor of them
and the Heirs Executors Administrators and Assigns of such Survivor for ever
according to the Nature of the same respectively Upon trust to convert into Money
all the said residue of my said Personal Estate which shall not then be in
Money and to absolutely sell and dispose of my said Share and Interest in the
said Scar End Mill and Premises and of and in the Machinery Steam Engine and
other Apparatus and Appurtenances belonging thereto and all other
my Real Estate
(if any) and every part and parcel thereof respectively where by Public Auction
or Private Contract as to their or him shall seem meet and to execute and
perfect all necessary and proper Surrenders Conveyances and Assurances thereof
to any Purchaser or Purchasers of the same or any part thereof for the best
price and most Money that can be reasonably had or gotten for the same And I do hereby declare and direct that the
Receipt or Receipts of my said Trustees and the Survivors and Survivor of them
and the Heirs and Assigns of such Survivor shall be a good valid and sufficient
discharge to such purchaser or purchasers for the said Purchase Monies or any
part thereof without such purchaser or purchasers being in any wise answerable
or accountable for the application misapplication or nonapplication of the same
or any part thereof. And with respect
to the Monies to arise by Sale as last aforesaid and of all other Monies to
arise or be made from the said residue of my said Personal Estate I will and
direct that my said Trustees and Executors do place the same out at Interest on
Mortgage or other good Security in their own Names and continue the same so
placed out Upon trust to permit and
suffer my Dear Mother Ann the Wife of the said Thomas Wilson to receive and
take the interest and proceeds thereof half-yearly for and during the Term of
her Natural Life to whom I give and bequeath the same And from and immediately
after the decease of my said Mother then
Upon trust that my said Executors and the Survivors and Survivor of them
and the Executors Administrators and Assigns of such Survivor do receive and
take the Interest and Proceeds of the principal Monies so to be placed out on
Security as aforesaid and apply the same when and as received in and about the
Maintenance and Education of such of my Sisters who shall be then under age
until they severally and respectively attain the Age of Twenty one Years. And when and as soon as my youngest Sister
shall have arrived at the age of Twenty one Years then Upon trust that my said
Trustees and Executors and the Survivors and Survivor of them or the Executors
Administrators or Assigns of such Survivor shall and do divide and pay the
whole of the said Principal Monies so to be placed out as aforesaid and all
Interest and proceeds thereof then due and unapplied unto and equally amongst
the whole of my Sisters who shall be then living share and share alike and if
only one of them to that one only to whom I give and bequeath the same. And I do hereby nominate and appoint my said
worthy Friends the Reverend John Buckworth and John Halliley the Younger and my
said Father in Law Thomas Wilson Executors of this my Will hereby revoking all
former Wills by me made I publish and declare this to be my last Will and
Testament provided always and my Will is that my said Trustees and Executors
shall at all times in the first place reimburse and indemnify themselves
respectively and retain out of the said Trust Monies and Effects all Costs
Charges Damages and Expences which they or any of them may be at or put unto in
the due execution of this my Will and that none of them shall be answerable for
any Loss which may happen to any of the said Trust Monies unless through their
wilful neglect nor the one for the other or others of them nor for more Monies
than shall actually come to each of their Hands respectively nor for any loss
which may happen by depositing any of the trust Monies in the Keeping of any
public Banker. In Witness whereof I the
said Luke Hemingway the Testator have to this my last Will and Testament set my
Hand and Seal this Sixteenth Day of December in the Year of our Lord one
thousand eight hundred and twenty two.
[Signed] Luke Hemingway
Signed sealed published
and declared by the said Testator Luke Hemingway as and for his last Will and
Testament in the presence of us who in his presence at his request and in the
presence of each other have subscribed our Names as Witnesses hereto.
[Signed] Elliot Garrett
[Signed] Harry Hindle
[Signed] Jo. Barber
[Written on the back is
a note which appears to indicate that the Will was proved at Pontefract by
Thomas Wilson 4 March 1824]
[Copy of Will
provided by Satima Flavell-Neist]