Daniel HEMINGWAY of Roberttown Volume 140 Folio 362

In the name of God Amen. This is the last Will and Testament of me Daniel Hemingway of Roberttown in the Township of Liversedge and the Parish of Birstal in the County of York Clothier made the 28th day of April in the Year of Our Lord One Thousand Seven Hundred and Ninety Six in manner and form following that is to say. First I will that all and every my just Debts, Funeral Expenses and the charge of paying this my Will by fully paid and satisfied out of any Personal Estate.

I also give and devise unto my trusty friends Mr Samuel Brook of West Mills in the Parish of Mirfield in the said County Merchant and Mr John Stockwell of Mirfield aforesaid Yeoman all that my free hold messuage dwelling house or tenement with the workshop, stables, barn, outbuildings, garden and appurts to the same adjoining and belonging. And also all those three several closes pieces or parcels of inclosed ground called or known by the several names of Well Croft, The Rim Close and the Far Dove Cote Ing, lying near or contiguous to the said messuage containing by estimation eight days work be the same more or less. All which said premises are part and parcel of an estate I lately purchased of Thomas Thompson Esquire then and now in my own possession and situate lying and being at RobertTown aforesaid ‘to hold the same’ Tenements Lands and Hereditaments to them the said Samuel Brook and John Stockwell their executors, administrators and assigns from and immediately after my decease for and during the term of five hundred years thence next ensuing. Upon this special trust and confidence nevertheless that they, the said Samuel Brook and John Stockwell or the survivor of them or the executors or administrators of such survivor shall and do as conveniently may be after my son Daniel Hemingway’s attainment of the age of twenty one years raise levy and procure or borrow and take up at Interest the sum of two hundred and fifty pounds by Sale, Mortgage, Grant or assignment of the said tenements, lands Hereditaments before devised to them or of so much thereof as shall be necessary for that purpose. And after the raising and procuring thereof as aforesaid shall and do pay the said last mentioned sum of money unto my said son Daniel to whom I hereby give and bequeath the same. And upon further trust that they or the survivor of them or the executors or administrators of such survivors shall and do by the ways and means as aforesaid or by and out of the Rents and Profits of the said devised also raise and procure so much money as shall be sufficient to pay as well the reasonable and necessary charges and expenses attending such borrowing aforesaid and also Interest for the said sum of two hundred and fifty pounds after the rate of four pounds per centum per annum to be paid and applied for my said Trustees for and towards the Maintenance and Education of my said son Daniel during his minority and subject to the said Trusts, Powers and Authorities vested in the said Trustee.

I give and devise the said several tenements lands and Hereditaments hereinbefore mentioned unto my said son Michael Hemingway his heirs and assigns forever

Also I give and devise unto the said Samuel Brook and John Stockwell all that dwelling house or tenement with the shop, outbuildings garden and appurts to the same belonging and adjoining as the same are now in the tenure or occupation of John Liversedge. And also all those two several closes pieces or parcels of inclosed ground now in my own possession call or known by the several names of Tenter Croft and the Far Dove Cote Ing respectively adjoining upon the highway leading from Robert Town to Liversedge Hall in the said Township of Liversedge containing by estimation eight days work be the same more or less and near or contiguous to the said last mentioned Dwelling house (which said premises are other part and parcel of the said Estate I lately purchased of the said Thomas Thompson Esquire) To hold the same tenements, lands and Hereditaments to them the said Samuel Brook and John Stockwell, their Executors, Administrators and assigns from and immediately after my decease for and during the term of one thousand years thence next ensuing. Upon this special trust and confidence nevertheless that they the said Samuel Brook and John Stockwell or the survivor of them as executors or administrators of such survivors shall and do as soon as conveniently may be after the expiration of twelve months next ensuing my decease raise levy and procure or borrow and take up at interest the sum of one hundred pounds by sale, mortgage, grant or assignments of the said tenements, lands and Hereditaments last above devised to them or of so much thereof as shall be necessary for that purpose. And after the raising and procuring thereof as aforesaid shall do and pay the said last mentioned sum of money unto my daughter Sarah, the wife of Thomas Brook of Robert Town aforesaid, her executors administrators or assigns or unto her next lawful representative or representatives to who I give and bequeath the same for her own sole and separate use and benefit. And also by the ways and means last above mentioned raise levy and procure the further sum of one hundred pounds and pay the same to my said daughter her Exors or Admors after my son John’s attainment of twenty one years and also fifty pounds and pay the said unto my said son Daniel at his attainment of the age of twenty one years. And subject to the Trusts Power and authority vested in the said Trustees by virtue of the said term of one thousand years I give and devise the several tenements hereinbefore mentioned to be in the occupation of the said John Liversedge. And also the said several closes hereinbefore called the Tenter Croft and the Far Dove Cote Ing with their respective appurts unto my said son John Hemingway his heirs and assigns for ever. Nevertheless it is my will and mind and I do hereby direct that the said Samuel Brook and John Stockwell or the survivor of them or the executors or administrators of such survivors shall and do receive by and apply such rents and profits as my arise from the tenements lands and Hereditaments so devised to my said son John Hemingway as aforesaid for and towards his maintenance and education during his minority sufject to the said several legacies of one hundred pounds, one hundred pounds and fifty pounds charged upon the same devised premises and also to such reasonable and necessary costs and expenses as may attend the borrowing and taking up the said last mentioned sums of money by the means aforesaid.. Also I give and bequeath unto the said Samuel Brook and John Stockwell their executors, administrators and assigns all Bonds, Notes and other securities for money and the principal and interest due thereon and secured thereby. Also all my stock in trades and in farm goods, cattle and chattels personal estate and effects of what nature or kind soever. Upon this special trust and confidence that they the said Samuel Brook and John Stockwell or the survivor of them or the executor or administrator of such survivor shall and do as soon or as conveniently may be after my decease collect in and receive all my outstanding debts then due and owing to me and take an account of all my said stock, goods, cattle and chattels and dispose thereof to the best advantage they possibly can or may and from and immediately after all my said Personal Estate shall be converted into money.

Then upon this further trust that they the said Samuel Brook and John Stockwell or the survivor of them or the executor or administrator of such survivor shall do and forthwith in the first place apply the same to the payment and discharge of all such sum and sums of money as may be due and owing from me to any person or persons at the time of my decease. And from and after payment thereof then that they the said Trustees shall and do pay one moiety a half part of the surplus reside and remainder of my said personal estate to be converted into money as aforesaid unto my said son Michael Hemingway for his own proper use and benefit. And also shall and do put and place out at Interest upon good security in their own names the other Moiety or half part of such surplus reside and remainder of my said Personal Estate and pay and apply the growing Interest and produce arising therefrom for and toward the maintenance and education of my said son John until he shall his age of twenty one years and from and immediately after such attainment of then upon this further trust that they the said Samuel Brook and John Stockwell or the survivor of them or the executor or administrator of such survivor shall do and pay the monies so directed to be placed out as aforesaid or otherwise assign and transfer the security or securities for the same unto my said son John for his own sole and proper use and benefit.

And my will and mind further is that if both or either of my said sons John and Daniel shall die under the age of twenty one years leaving no issue of their bodies or of his body lawfully begotten then the share part and proportion of him so dying the shares parts and proportions of them so lying under the said age and without lawful issue shall go xxxx descend and belong to the survivors and survivor of all and every of my children equally to be divided amongst or between as tenants if more than one And if only one child then to such child and his heirs executors and administrator anything hereinbefore to the contrary thereof contained in any wish notwithstanding.

And lastly I do hereby constitute and appoint my said son Michael and also the said Samuel Brook and John Stockwell Joint Executors of this my last Will and testament and Guardians and Trustees of and over my said children John and Daniel hereby revoking all former Wills by me made.

In Witness whereof I the said Daniel Hemingway the testator have to this my last Will contained in three sheets of paper the first and second sheet thereof respectively set my hand and name and to the third and last sheet thereof set my hand and seal the twenty eighth day of April in the Year of Our Lord one thousand seven hundred and ninety six Daniel Hemingway. Signed sealed and published and declared by the said Daniel Hemingway the testator to be his last Will and Testament in the presence of us who in the presences of him and of each other and at his request have subscribed our name as witness who took notice that the words following to wit

“One hundred pounds and pay the same to my said daughter her Exors or Admors after my son John’s attainment of twenty one years and also” were first wrote and interlined in the Will above written before the signing and publication thereof by the said testator- Sylvr Wadsworth - Samuel Deanaly - Henry Robinson - Past Nov 1796.

[Provided by Sal Gouldthorpe]