John Hemingway of Darton, 1778

In the Name of God, Amen,

I, John Hemingway, of Haigh, in the parish of Darton, in the county of York, Gentleman, Do make this my Last Will and Testament in manner and form as follows.

First, the manner of my burial I leave to the Discretion of my Wife.

Also my will is that my Funeral Expenses, just Debts, yearly payments and Annuities, Legacies and Sums of Money hereinafter Given and Bequeathed by me be fully paid and Discharged, And for that purpose I Charge All my personal Estate and such part of my Real Estate as is situate, lying and being in the Township of Wombwell in the parish of Darfield in the said County of York with the payment thereof.

Also I Give and bequeath unto Jane my beloved wife the Sum of Fifty Pounds, to be paid unto her yearly and every year during her natural life, At two equal half yearly Payments, Upon the first day of January and the first day of July, the first Payment to be made upon the first of the said Days which shall next happen after my Decease.

Also I Give and Bequeath unto Jane my said Wife the further Sum of Fifty Pounds, to be paid unto her within one Kalendar Month next after my Decease.

Also I Give and Bequeath unto Jane my said wife All the furniture in or usually belonging to the Best and Hall Chambers, one Mahogany Tea Table, six Silver Tablespoons, one Silver Pint, two Silver Salts and two Silver Salt Spoons, And all the Coffee and Tea furniture of every kind and nature whatever,

In Case Jane my said Wife do and will Accept of the said Annuity or yearly payment of Fifty Pounds Legacy of Fifty Pounds and furniture as above Given and Bequeathed in full of all Claim and Satisfaction for Dower and Thirds,

Which if she refuse, Then I Revoke the said Annuity or yearly payment, Legacy and Furniture as before Given and Bequeathed.

Also I Give and Devise unto my Son John Hemingway All that my Messuage or Tenement in [?]Reabrough in the parish of Darton aforesaid, With all the Buildings, Closes, Lands, Hereditaments and Appurtenances whatsoever thereunto belonging,

And also All the Tythes or Tenths of Corn, Grain, Hay, and all other Tythes, Tenths, Modusses, or Yearly Payments in Lieu thereof, of what nature or kind soever, yearly or otherwise, coming, growing, renewing or arising, by, from, or out of the said Messuage or Tenement, Closes, Lands, Hereditaments and Premisses, or any part or parts thereof,

As the same Messuage or Tenement, Closes, Lands, Tythes, Hereditaments and Premises were late in the Tenure or Occupation of John Sykes, his Assigns or Undertenants, but are now in my own Occupation,

To hold unto him my said son John Hemingway his heirs and assigns for ever.

Also I give and Bequeath unto him, my said son John, All my

Household Furniture, Corn reaped or growing, Implements of Husbandry, Cattle, Chattels and personal Estate of what nature or kind soever, ready Money, Mortgages, Bonds, Bills, Notes, Book Debts or any other kind of Security or Securities for money only Excepted, which at the time of my Decease shall happen to be in upon or belong to the said Messuage or Tenement, Buildings, Closes, Lands, Hereditaments and Premises so by the above hereby Given and Devised to my said Son John, or in or upon any part thereof.

Also I Give and Bequeath unto my said Son John the Sum of One Hundred Pounds, to be paid unto him at the End of one year next after my Decease.

Also I Give and Bequeath unto my Daughter Jane the sum of Eight Hundred Pounds, to be paid unto her before the End of Six Kalendar Months next after my Decease.

Also I Give and Bequeath unto my said Daughter Jane the Further Sum of Twenty one Pounds, to be paid unto her before the End of three Kalendar Months next after my Decease.

Also I Give and Bequeath unto my Daughters Elizabeth and Ellen the Sum or Sums of Eight Hundred Pounds a piece to each of them, and to be paid unto them as they shall severally Attain unto the Age of Twenty one Years,

But in Case my said Daughters Elizabeth and Ellen, or either of them, shall happen To Die before her or their said Legacy or Legacies shall respectively become due, It is my Will that the Legacy or Legacies of her or them so dying shall Go to and be equally Divided amongst all my Children which shall happen to be living at such time as such Child so Dying would if living have been Entitled to Receive the same or the Benefit thereof.

Also I Give and Bequeath unto my said Daughters Elizabeth and Ellen the Further Sum or Sums of Twenty four Pounds a piece, to each of them yearly and every year, until they shall severally Attain unto the Age of Twenty one years, at two equal half yearly Payments, Upon the first day of January and first day of July, the first payment to be made upon the first of the said Days which shall next happen after my Decease, To be Employed in Maintenance and Education.

Also I Give and Bequeath unto my said Son John and my said Daughters Jane, Elizabeth and Ellen the Further Sum or Sums of Ten Pounds a piece to each and every one of them, To be paid within one Month next after my Decease.

Also I do hereby Nominate and Appoint my said Wife Jane Guardian, during their respective Minorities, to such of my Children which at the time of my Decease shall not have Attained the Age of Twenty one Years.

Also I Give, Devise and Bequeath All the rest, Residue and Remainder of All my Goods, Cattle, Chattels, and All my Real Estate whatsoever in the Township of Wombwell aforesaid, Unto my Son Joseph Hemingway, to him, his Heirs and Assigns for Ever.

Also I Do hereby Nominate, Constitute and Appoint my said Son Joseph Hemingway Sole Executor of this my Last Will and Testament.

Also I Make and Appoint my Brother Joseph Hemingway of Swithen and my Friend John Whitley of Fowley, Both in the County of York, Overseers of this my Last Will and Testament, and Desire they will See that the same be duely Performed in all respects,

And I Give to them and Direct that they shall have and be paid from time to time by my Executor out of my Effects reasonable Recompense for their Trouble and all their reasonable Costs, Charges and Expenses in or concerning the Premisses.

Lastly I hereby Revoke and make void All Wills and Testaments by me at any time heretofore made and Do declare this to be my Last Will and Testament.

In Witness whereof I, the said John Hemingway, the Testator, have hereunto sett my Hand and Seal, the Tenth day of June in the Year of our Lord Christ One Thousand seven Hundred and Seventy Six.

                                                                                                John Hemingway

 

 

Signed, Sealed, Published and Declared by the Testator as and for his Last Will and Testament in the Sight and Presence of Us Who, in his Sight and Presence, and in the Sight and Presence of one another, and at his request, have Subscribed our Names as Witnesses hereunto.

Thomas Wright

Robert Broadhead

Jno Sanderson

 

Administration Bond re John Hemingway Deceased, 1778

Know all men, by these presents, that We, Joseph Hemingway, of Haigh in the County of York, Gentleman, and John Hemingway of East Haddlesey in the said County, Gentleman,

Do stand and are firmly bounden and obliged unto the Worshipful PETER JOHNSON, Master of Arts, Commissary and Keeper General of the Exchequer and Prerogative Court of the most Reverend Father in God, ROBERT William, by Divine Providence Lord Arch-Bishop of York, Primate of England and Metropolitan, lawfully constituted,

In the Sum of Two Thousand Pounds of good and lawful Money of Great-Britain to be paid to the said Commissary or his true and lawful Attorney, Executors, Administrators or Assigns,

To the which Payment, well and truly to be made, We bind us and each of us, jointly and severally, for and in the whole, our and each of our Heirs, Executors and Administrators, and every of them firmly by these Presents, Sealed with our Seals.

Dated the fifth Day of the Month of January in the Year of our Lord One Thousand, Seven Hundred, and Seventy Eight.

 

The Condition of this Obligation is such,

That if the above bounden Joseph Hemingway, Son and Sole Executor named in the last Will and Testament of John Hemingway, late of Haigh aforesaid, in the Parish of Darton, in the Diocese of York, Gentleman, deceased,

Do well and truly execute and perform the said Will of the said Deceased,

And do pay his Debts and Legacies so far as his Goods will Extend and Law shall bind him,

If also he do Exhibit into the Prerogative Court at York, a true and perfect Inventory of all and singular the Goods, Rights, Credits, Cattles, and Chattles of the said Deceased,

And do make a true and just Accompt of the same when he shall be thereunto lawfully called.

And moreover, if need require, enter into further Bond with more sufficient Sureties for the Performance of the Premisses as the Judge of the said Court, for the Time being shall think requisite and Needful.

And lastly, do save, defend, and harmless keep the above named Judge, and all his Officers, and Ministers, against all Persons by reason of the Premisses,

Then this present Obligation to be void, and of none Effect, or else to remain in full Force and Virtue.

 

                                                                                                Jo: Hemingway

                                                                                                John Hemingway

 

Sealed and Delivered

in the presence of

John Potter