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]