This
is the last Will and Testament of me Thomas Hemingway of Dewsbury in the county
of York, Blanket Manufacturer I give devise and bequeath unto my dear Wife Mercy
All and every my Messuages Cottages and Dwellinghouses Closes Lands and
Premises with the appurtenances situate and being at Earlsheaton in the Parish
of Dewsbury aforesaid in whose possessions so ever the same now are or be To
hold the same unto my said Wife Mercy and her assigns for and during the Term
of her natural life and from and immediately after her decease then I give and
dispose of the same in manner as hereinafter mentioned I give devise and
bequeath unto my Son John All those my two Copyhold Messuages or Dwelling
houses with the Garden and Appurtenances thereto belonging situate at
Earlsheaton aforesaid and now in the possessions of Hannah Croft and Henry
Hemingway their assigns or undertenants And also one full moiety or equal half
part of all my Shares Estate and Interest of and in all that Mill called or
known by the name of Scar end Mill situate in Earlsheaton aforesaid with the
Messuages or Dwellinghouses Buildings Lands Machinery Hereditaments and
Appurtenances and Debts and Demands thereto belonging now in the possession of
Messers Sykes and Company To hold the same unto and to the only proper use and
behalf of my said Son John his Heirs Executors Administrators and Assigns for
ever I give devise and bequeath unto my Son Thomas All those two Copyhold
Messuages or Dwellinghouses with the Appurtenances situate and being at
Earlsheaton aforesaid now in the occupation of my said Son Thomas To hold unto
and and to the only proper use and behalf of my said Son Thomas his Heirs and
assigns for ever Also I give and bequeath unto my said Son Thomas his Executors
Administrators and Assigns All that my Tenter standing and being on Earlsheaton
Common aforesaid To and for his and their own use and benefit I give devise and
bequeath unto my Son Isaac All those my three Copyhold Messuages or
Dwellinghouses with the Garden and Appurtenances situate and being at
Earlsheaton aforesaid in the several occupations of Thomas Greenwood &
Jonathan Oldfield and Edmund Fearnley together with two of the furthest Seals
or Sittings in my Pew No 13 in the South Gallery of the Parish Church of
Dewsbury aforesaid To hold unto and to the only
proper
use and behalf of my Son Isaac his Heirs and Assigns forever I also give devise
and bequeath unto my said Son Isaac All my Tenant rights and Interest of and in
the Messuages or Dwellinghouses with the Appurtenances which he now resides in
to and for his own sole use and benefit I also give and bequeath unto my said
Son Isaac his Executors Administrators and Assigns All that my Tenter standing
and being in the Croft adjoining my Dwellinghouses called or known by the name
of the Benna Tenter for his own use and benefit I give devise and bequeath unto
my Son Titus All those my two Copyhold Messuages or Dwellinghouses with the Appurtenances
situate and being at Earlsheaton aforesaid now in the occupation of Abraham
Blakeley and Richard Preston his Undertenant To hold unto and to the only
proper use and behalf of my said son Titus his heirs and Assigns for ever I
give devise and bequeath unto my daughter Hannah the wife of Thomas Newsome of
Dewsbury aforesaid Cordwainer All those my has Copyhold Messuages Cottages or
Dwellinghouses with the Appurtenances situate at Earlsheaton aforesaid now in
the occupations of Benjamin Smith and Francis Lockwood To hold unto and to the
only proper use and behalf of my said Daughter Hannah her Heirs Assigns forever
I give devise and bequeath unto my Daughter Mercy the wife of Joseph Sykes of
Earlsheaton aforesaid Manufacturer All that the Southwest moiety or equal half
part (as the same is now divided from the residue thereof) of a certain Close of land called or known
by the name of the Ketledge situate lying and being at Earlsheaton aforesaid
with the Buildings and Erections lately built and erected thereon and now in
the occupation of the said Joseph Sykes To hold unto and to the only proper use
and behalf of my said Daughter Mercy her Heirs Assigns for ever Subject
nevertheless to a certain Mortgage of three hundred pounds granted by me to one
Samuel Baines and which Sum was borrowed for and received by he said Joseph
Sykes I give devise and bequeath unto my Son Benjamin all those my two Copyhold
Messuages or Dwellinghouses with the Appurtenances situate and being at
Earlsheaton aforesaid now in the occupation of my said Son Benjamin and Thomas
Riddlesden to hold unto and to the only proper use and behalf of my said Son
Benjamin his Heirs and Assigns forever Also I give and devise unto my Grandsons
Luke and Dan children of my late son Richard the remaining moiety or equal half
parts of my Shares Estate and Interest in the said Mill called Scar end Mill
with the Dwellinghouses Buildings Lands Machinery Hereditaments and
Appurtenances thereto belonging To hold the same unto and to the only proper
use and behalf of my Grandsons Luke and Dan their Heirs Executors
Administrators and Assigns forever as Tenants in common and not as joint
Tenants I also give and bequeath unto my said Grandsons Luke and Dan All my
Tenant right Estate and Interest of and in the Messuage Lands and Premises
situate at Dewsbury aforesaid which I now occupy under William Greenwood Esq To
hold unto my said Grandsons Luke and Dan their Executors Administrators and
Assigns for their own use and benefit absolutely I give devise and bequeath
unto my said Grandson Luke the remaining two Sittings in the aforesaid Pew to
hold unto and to the use of my said Grandson Luke his Heirs and Assigns forever
Also I give and bequeath unto my said Grandsons Luke and Dan their Executors
Administrators and Assigns All those my three Tenters and Hangers standing and
being in the Croft near my Dwellinghouse called or known by the names of the
Tenter next the Barn the Old Tenter Thomas Tenter and the Long Hanger And also
all my Household Goods and Furniture Plate Linen and China Books Prints and
Pictures Stock in Trade Looms Jennies and other articles belonging to my Trade
or Business And all the Crops of Corn Grain and Hay which may be growing upon
the Farm or Lands occupied by me at the time of my decease And also all the
Corn and Hay which may be on the Premises at the time of my decease And all my
Horses Cattle and Farming Utensils to and for the sole Use and Benefit of my
said Grandsons Luke and Dan their Executors Administrators and Assigns equally
share and share alike And as to all the Rest Residues and Remainder of my
Estate and Effects both real and personal whatsoever and wheresoever not
hereinbefore given and disposed of I give devise and bequeath the same and
every part parcel and member thereof unto my Son Titus and my Friends John
Halliley the younger of Dewsbury aforesaid Merchant and Thomas Todd of the same
place Oilcrusher To hold unto and to the only proper use
and
behalf of them my said Son Titus and the said John Halliley and Thomas Todd their
Heirs and Assigns for ever Upon the Trusts nevertheless and to and for the
several Uses Intents and Purposes hereinafter mentioned expressly and declared
of and concerning the same that is to say Upon Trust to sell dispose of and
convert into money all such part of the residuary Estate as shall not be in
money and by and with the Monies arising therefrom and such part of my personal
Estate as shall be in Money In trust in the first place to pay satisfy and
discharge all my just debts funeral expenses and the Expenses of proving this
my Will and then to pay the several Legacies or Sums of money hereinafter by me
given and bequeathed that is to say I give and bequeath unto my said daughter
Hannah the wife of the said Thomas Newsome the Legacy or sum of fifty pounds To
my said son John the Legacy or sum of one hundred pounds To my said son Thomas
the Legacy or sum of eighty pounds To
my said son Isaac the Legacy or sum of eighty pounds To my said son Titus the Legacy or sum of eighty pounds and to my
said Son Benjamin the Legacy or Sum of twenty pounds And upon further trust to place out the Sum to eight hundred
pounds at interest on Government Real or other sufficient Security and from
time to time to call in and replace the same out again as that my said Trustees
or Trustee in their or his Discretion shall think proper and pay and apply the
Interest and Proceeds arising therefrom in manner following (that is to say)
the Interest and Proceeds arising from the Sum of five hundred and fifty pounds
(part thereof) to my Daughter in law, Ann Hemingway the Widow of my said Son
Richard in case she continue unmarried to be applied by her for and towards the
Maintenance Education and bringing up my grandchildren Luke Dan Grace Leah Edna
and Fanny the children of my said late Son Richard until they shall
respectively attain the age of twenty one years and immediately on each of my
said Grandchildren attaining that age upon further trust to pay to them the
several Sums following that is to say to my said Grandchildren Luke and Dan the
Sum of one hundred and fifty pounds a piece and to my said Grandchildren Grace Leah Ann [Ann was not mentioned above]
Edna and Fanny the Sum of fifty pounds a piece for their own us and benefit
absolutely And upon further Trust to pay and apply
the Interest and Proceeds arising from the Sum of two hundred and fifty pounds the residue of the said Sum
of eight hundred pounds to my Daughter in Law Ann Hemingway the widow of my
said Son Richard for and during the Term of her natural life in case she so
long continue a Widow and unmarried and from and after her Marriage or Decease
which shall first happen Upon further trust to pay the said Principal Sum of
two hundred and fifty pounds and Interest which shall be then due thereon
equally unto and amongst my said Grandchildren Grace Leah Ann Edna and Fanny
for their own respective use and Benefit absolutely And in case my said Daughter in law Ann Hemingway shall happen to
marry again or depart this life before the youngest of my said Grandchildren
shall attain the age of twenty one years then I will and direct that my said
Trustees shall themselves pay and apply the Interest of the several Shares of
my said Grandchildren for and towards their Maintenance Education and Bringing
up during their respective Minorities
And in case there shall be any Surplus of the Monies arising from my
residuary Estate and Effects after answering the several purposes aforesaid
then Upon trust to pay and divide the same unto and equally amongst all such of
my Children as shall be living at the time of the decease of my said Wife for
their own use and benefit absolutely
And for the Purposes of effecting such Sale or Sales of the residue of
my said real Estates I do hereby give my said Trustees and the Survivor of them
and the Heirs Executors and administrators of such Survivor full power and
authority to make and execute all such Contracts Deeds Conveyances and
Assurances in the whatsoever as they my said Trustees or the Survivor of them
or the Heirs Executors or Administrators of such Survivor shall think necessary
for conveying and assuring the same Lands and Hereditaments to such Purchaser
or Purchasers or as he or they shall direct
And I do hereby declare my Will to be that upon payment of the money to
arise by such Sale or Sales of the said Tenements and Hereditaments made
saleable it shall and may be lawful to and for my said Trustees and Survivor of
them and the Heirs Executors and Administrators of such Survivor to give and
sign any receipt or receipts for money to arise by such Sale or Sales or any
part thereof respectively which receipt or receipts shall be good and
sufficient discharge or discharges to any Purchaser or Purchasers his her or
their respective Heirs Executors Administrators and Assigns for so much of the
said Purchase money as shall be therein expressed or acknowledged to be
received and such Purchaser or Purchasers his her or their respective Heirs
Executors Administrators or Assigns shall not afterwards be obliged to see to
the application of such Purchase money or be answerable or accountable for any
loss misapplication or nonapplication thereof or any part thereof And I appoint my said Son Titus and the said
John Halliley and Thomas Todd joint Executors of this my Will and declare that
they shall not be answerable one for another and by no means for involuntary
Losses and that they may respectively retain and allow themselves and their
respective Co Trustees all such Expenses as they may respectively sustain in
the due Execution of the Trusts of this my will And I hereby revoke all my
former Wills and dictate these presents only to be and contain my last Will and Testament In Witness whereof I the said Thomas Hemingway the Testator have
to this my last Will and Testament contained in
[eight unreadable words] bottom of each of the five preceding sheets and my
Hand and Seal to this sixth and last Sheet the twenty second day of August in
the year of our Lord one thousand eight hundred and twenty
[Signed] Thos
Hemingway
Signed
Sealed and delivered by the said Testator Thomas Hemingway as and for his last
Will and Testament in the presence of us who at his request in his presence and
in the presence of each other subscribed our names as Witnesses Hereto
[Signed] Thos
Oldroyd
[Signed]
J Stammers
[Signed] Wm.
Prince
I do hereby certify that on 13th Day of September in the Year of our Lord 1822 Titus Hemingway of Dewsbury, in the County of York, Clothmaker, John Halliley Junr of the same Place, Merchant, and Thomas Todd of the same Place, Oil merchant the Executors named in this the last Will and Testament of Thomas Hemingway, late of Dewsbury aforesaid, in the Diocese of York, Clothmaker, deceased, were sworn well and truly to execute and perform the same; and that the whole of the goods, chattels and credits of the said deceased, within the Diocese of York do not amount, in value, to the Sum of Three Thousand Pounds.
[Added in another hand] Died 14 March 1822
Sworn
under £3,000
Exchequer
[Signed]
[Illegible initials] Passed 12th October
1822
Witness
my hand
[Signed] Samuel
Sharp
Surrogate