In the name of
God Amen, this is the last Will and Testament of Joseph Hemingway of Swithens
in the Parish of Darton in the county of York Farmer and Maltster made the 25th
day of October in the Year of Lord one thousand seven hundred and eighty.
I constitute and
appoint my Nephews Robert Beatson of Cinderhill in Cawthorne in the said County
of York and Joseph Hemingway of Wombwell in the said County joint Executors in
Trust of this my last Will and Testament…I give to the said Robert Beatson the
sum of ten pounds provided he prove or join in the Probate of this my Will
Also I give to my
said Nephew Joseph Hemingway the sum of ten pounds provided he prove or join in
the Probate of this my last Will
Also provided my
Nephew John Hemingway the brother of the same Joseph Hemingway shall be living
on the 30th of April next ensuing such second day of February as
shall happen upon the day of or next after the day of my decease I do in such
case give unto the said John Hemingway the Tenant Right Title Interest Term and
Terms of years, which I may happen at my decease to have of in or to the
several Farms called Swithen Farm and Wintersett Farm which I now hold or rent
of or under or as Tenant to John Silvester Smith Esquire and all other the
Farms (if any other there be) which I hold or rent of or under or as a Tenant
to the said Mr. Smith, and which shall on such Thirtieth day of April be to
come and unexpired. The said John Hemingway and those to claim under him or in
his Right paying the Rents Taxes and Assessments and doing and performing the
Covenants and Things on the Tenants’ part from and after such Thirtieth Day of
April to be paid and performed, And also paying upon such Thirtieth Day of
April or then sufficiently securing to be paid within Three Calendar Months
then next ensuing unto my Executor or the survivor of them or the Executors or
Administrators of such Survivor in Trust to go and be appointed and disposed of
as Part of my Personal Estate a Country Price for the Seed and Plowing for such
Corn or Clover as shall upon such
Thirtieth Day of April be growing in or upon the said Farms or any of them on
Lands sown therewith in Husbandlike manner and Course and not otherwise, And
also in case of any of the Ground Parcel of any of the said Farms having been
Summer Fallowed in the Year next before such Thirtieth Day of April. In such
Case a reasonable sum of Money for and in respect of the Rent and Taxes of and
for such Summer Fallowed Ground for such Fallow Year, And Provide and Order
that my Executor shall and may until the Expiration of my Farm therein
respectively or until such Thirtieth day of April (which of the Times shall
first happen) hold and enjoy the said respective Farms and receive the Profits
thereof In Trust that the same go and be applied as Part of my Personal Estate,
paying out of my said Personal Estate the Rents and Taxes and performing the
Covenants on the Tenants Part in the mean Time to become payable and
performable for or in respect thereof, But without paying or allowing any Thing
to the said John Hemingway or his Representative for the same, Also I give and
devise unto my Grandson James Swettenham his Heirs and Assigns for ever Upon my
said Grandson James Swettenham attaining the Age of Twenty one Years and
provided he live to attain the same Age all and singular my Messuages Buildings
Closes Lands Tenements and Hereditaments in Darton aforesaid now occupied,
rented or Tenanted by James Greenwood with their and every of their
Appurtenances, And in case my said Grandson James Swettenham shall live to
attain his Age of Twenty One Years I do in such case hereby expressly charge
and make Subject and Liable All and Singular the said Hereditaments and
Premises by me before hereby devised unto my said Grandson as aforesaid with
and with the Raising and Payment and for Granddaughter Sarah Swettenham of the
sum of One Hundred Pounds of Lawful British Money upon her attaining her Age of
Twenty One Years provided she live to attain that Age. And as to and concerning All the Rest Residue
and Remainder of all my Lands, Tenements Hereditaments and Real and Personal
Estate, and of all the Rents Issues Profits Interest Proceeds Increasements and
Improvements of and to arise and be produced therefrom or thereby (after and
subject to the Payment of my Debts Funeral Expenses the Expenses of or to be
occasioned by the Probate of this my last Will and the registering a Memorial
thereof at Wakefield and the Damages Costs Charges Payments and Expenses by me
hereby provided for or give or directed to be paid or allowed to or retained by
my Executors or either of them or their or either of their Executors or
Administrators or any of them, and after Payment and satisfaction of the said
Two before mentioned Legacies of Ten Pounds each or such of them as shall
become payable)
I Give, Devise
and Bequeath the same (to wit All such Rest Residue and Remainder), unto my
said Three Grandchildren James Swettenham, Sarah Swettenham and Ann Swettenham
their Heirs Executors Administrators and Assigns for ever
Nevertheless I do
hereby Will, Order and Provide that all the Rents Issues and Profits to grow
due to arise after my Decease of for or from the said before hereby given and
devised Rest and Residue and Remainder of all my Lands Tenements Hereditaments
and Real Estate shall be paid to and had received and taken by and I Give and
Devise the same to my Executors and their Representatives in Trust for and
during such and so long time as any One of my Grandchildren before named shall
be living under the age of Twenty One, And that the same shall when as soon as
One of my said Grandchildren before named shall be living under the age of
Twenty One Years and not before together with the Increasements and
Improvements thereof and together also with the Rest Residue and Remainder of
my Personal Estate before hereby given and bequeathed and the Increasements and
Improvements thereof be by my Executors and Trustees fully accounted for and
(after all Reasonable Deductions and Allowances) delivered and paid unto the
Person or respective Persons then entitled to the Residuum of my Personal
Estate Any Thing hereinbefore contained to the contrary notwithstanding
Also I further
Will and Provide that the Rents Issues and Profits to grow due or arise after
my Decease of for or from the said Hereditaments and Premises in Darton
aforesaid with their Appurtenances before hereby devised to my said Grandson
James Swettenham conditionally or upon Contingency as aforesaid shall be paid
to and had received and taken by and I Give and Devise the same to my Executors
and Representatives in Trust until such time as my said Grandson shall attain
his age of Twenty One years or depart this Life whether shall first happen, and
in the Case of his Death before he shall have attained this age, In such Case
for and during such and so long time as any One of my before named
Grandchildren shall be living under the age of Twenty One years, and that in
case of my said Grandson living to attain his Age of Twenty One years in such
Case that such last devised Rents Issues and Profits upon attaining that Age
and not before with the Increasements and Improvements thereof be by my
Executors and Trustees accounted for and
(after all reasonable Deductions and Allowances for or in respect of
Repairs or otherwise) delivered and paid unto my said Grandson or his Executors
or Administrators , and that in case of the Death of my said Grandson before he
shall have attained his Age of Twenty One years in such case all the said Rents
Issues and Profits last devised or in the Proviso mentioned together with all
the Increasements and Improvements thereof shall and when and soon as One of my
Grandchildren before named shall be living under the Age of Twenty One years
and not before be by my Executors and Trustees accounted for and (after all
reasonable Deductions and Allowances for Repairs or otherwise) paid unto such
Person or Persons as shall as then be my Heir or Coheirs at Law to be equally
divided between or amongst my Coheirs if such there then be
And I further will
and Order and Provide that in Case of my three Grandchildren before named shall
live to attain his or her Age of Twenty One years, and in case also there shall
not be at the Time of the Decease of the longest liver of them my said three
Grandchildren be living any lawful Issue of the Body of any One of them my said
Three Grandchildren that then both the same Case happening All my Real Estate
shall upon the Decease of the longest liver of my said Three Grandchildren go
and belong unto such Person or Persons as shall then be my Heir (or Coheirs) at
Law in the Simple (to whom I Give and Devise the same accordingly) And all the
Rest Residue and Remainder of the Real Estate by me before hereby Given Devise
and Bequeathed unto my said Three
Grandchildren as aforesaid and also all the Rents Issues and Profits to grow
due or arise after my Decease of for or from my Real Estate in the parish of
Almondbury in the said County of York and the Increasements and Improvements of
or from such last mentioned Rents Issues and Profits shall upon the Decease of
the longest liver of My Three Grandchildren be accounted for and (after all
reasonable Deductions and Allowances for Repairs or otherwise) go to or amongst
my then next of Kindred according to the Rules by the Statutes for Distribution
of the Estates any thing hereinbefore contained to the contrary of this Proviso
or any part thereof in any wise notwithstanding, and I likewise Will and
Provide that it shall and may be lawful to and for my said Executors and the
Survivor of them and his Executors and Administrators if my said Executors or
the survivor of them or his Executors or Administrators shall think fitt so to
do or need shall so require to pay lay out and expend any reasonable Sum or
sums of Money part of to or to arise
from my Personal Estate for or towards the Maintenance Education or Support of
One or more of my said Three Grandchildren during his her or their respective
Infancy or afterwards before the time of before appointed for the Payment to
them of respectively of their respective Shares of such Personal Estate. The
Total of the Moneys to be paid laid out and expended (if any be) to be deducted
and allowed from the whole of my Personal Estate Prior to the ascertaining and
dividing the clear Residuum thereof. It is my Intention and Desire that not any
part of the Particulars next after mentioned, to wit, my Clothes, Wearing
Apparel, Watches, Rings, Trinkets, Silver Plate, Linen, Books, Stock of Fowls,
Dead Victuals, Liquors, Coffee, Tea, Sugar, Tea Equipage be sold by my
Executors, But all such Stock of Fowls, Dead Victuals Liquors, Coffee, Tea and
Sugar may be used and consumed at Swithens aforesaid, and that such Watches,
Rings, Trinkets, Silver Plate, Coffee Equipage and Tea Equipage and also such
Linen and Books as my Executors shall think proper to be reserved for that
purpose shall go and be divided as Part of the Residuum of my Personal Estate,
and that the Rest of the same Particulars shall be given away in such manner
and to such Person or Persons as my Executors shall think fitt, and that I do
also Will Order and Provide that neither of them the said Robert Beatson and
Joseph Hemingway my said Trustees and Executors shall be answerable or
accountable save for his own Acts Payments and Receipts only in or relating to
or concerning the Premises, and that neither of them nor their or either of
their Heirs Executors Administrators or Assigns nor any of them shall be
answerable for or liable to make good any loss of Rents Profits Interest Money
or other Money of Effects happening without the Gross Neglect of or by them
some or any of them, and that in Case such Neglect such of them only as shall
be guilty thereof shall suffer thereby, and that I do further Will Order Direct
and Provide that my Executors before named and each of them and their and each
of their Heirs Executors Administrators and every of them shall have to be paid
and may deduct and retain from Time to Time forth and out of my Personal Estate
and the Monies Interest Increase and Improvements arising therefrom or
thereby all such sums of Money, Costs
Charges Damages and Expenses as they or any of them respectively shall pay bear
expend or sustain in any wise in or concerning the Trusts or Executorship of this
my Will or other the Premisses or for any Council or Advice to be had or taken
by them or any of them relating to or concerning the Premisses or any Trust or
Thing herein mentioned comprising or contained, and also all such sums of Money
as they or any of them shall reasonably deserve to have and to be paid for
keeping and settling Accounts Journeys Horse hire Trouble and Lots of Time for
or in respect of or in about the Premisses, and I hereby Revoke and make void
all former Wills and Testaments by me made, and I Publish and Declare these eight
sheets of Paper annexed together every of them signed my me and this last of
them Sealed with my Seal as and for and to be my last Will and Testament.
In Witness
whereof I the said Joseph Hemingway the Testator have hereunto Set my Hand and
Seal the Twenty fifth Day of October in the Year of our Lord One thousand,
Seven Hundred and Eighty being the Day and Year first hereinbefore mentioned
Joseph Hemingway (signed)
These eight
Sheets of Paper annexed together were every one them signed and this last of
them was Sealed by the said Joseph Hemingway of Swithens the Testator and were
by him Published and Declared as and for to be his last Will and Testament in
the presence of us three who at the request of the said Testator in his
Presence and in the Presence of one another subscribed our Names as Witness
thereto
Henry Bat
William Milner
Jo. S--------
Robert Beatson
and Joseph Hemingway the Executors within named were duly sworn before me
Harrison
Surrogate
[Transcribed and
supplied by Ron Hemingway]