Wills

Will of William APPLEBY dated 17th Oct 1776

Transcribed by Sheila K Douglas
(Copy) Mr William Appleby’s Will dated 17th Oct 1776

I William Appleby of Beckmeetings in the Parish of Kirkby
Malzeard in the County of York Yeoman do make publish and
declare my last Will and Testament to be in manner and form following,
that is to say

First I will and desire that all my just debts and
funeral expences shall be first paid And I do charge my personal
Estate as far as the same will go with the payment of my debts
and, if that shall fall short then I charge my real Estate with
the payment thereof

I give and devise unto my Friends William Beck
of Intacks in the Parish of Kirkby Malzeard aforesaid and Thomas
Gill of Foulgate Nook in the same parish Yeoman. All my real
Estate situate and being in the Parish of Kirkby Malzeard afores’d
To hold to them the said William Buck(sic) and Thomas Gill and to
their heirs and assigns to and for the uses and upon the Trusts
and for the purposes hereinafter mentioned that is to say In Trust
in the first place to pay and discharge all my just debts (after my
personal Estates shall have been applied for that purpose) and for this
purpose do raise money either by mortgage or sale of all or any part
of my Lands or Tenements until my just debts shall be fully paid
and satisfied and all such sum and sums of money as my said
Trustees shall advance and pay on account of the Trusts hereby
reposed in them I do hereby charge my real Estate with the
repayment thereof

And after payment thereof then In Trust for my
dear wife Ann until my Son and Daughter shall respectively
attain the age of twenty one years for and towards the bringing
up education and maintenance of my said Son and Daughter until
they shall respectively attain their ages of twenty one years And
after my said Son and Daughter shall respectively have attained
the age of twenty one years then As to such part of my real Estate
which shall be undisposed of called Belforth and the West part
of Ray Carr containing together twenty acres more or less with the
Buildings thereto belonging In Trust for my daughter Ann and
her heirs and assigns for ever And as to such part of my real Estate which
shall be undisposed of commonly called Beckmeetings, Brayside
Close and Low Bottoms containing together eighteen acres be the
same more or less with the Dwellinghouse belonging thereto called 1 
Beckmeetings In Trust for my Son William his heirs and assigns for
ever And I do order and direct that my Son William shall bear and
pay the expence of making the division fence between his Estate and
that above given to my Daughter which fence is to begin at a certain
Oak Tree growing in the Hedge row on the West side of Bray Close
and to extend northwards in a straight Line to the Beck adjoining
called Laver Beck Subject to and my Will and Mind is that my
said Son and Daughter shall out of their respective shares above
mentioned after they shall respectively attain the Age of twenty
one years pay the sum of five pounds each yearly unto my dear
wife Ann for and during the term of her natural life which ten
pounds annuity is to be in lieu of any dower or thirds which
she can or may claim out of my Estates but in case she shall
claim any dower or thirds then the said yearly payments do
cease And in case my said Wife Ann shall happen to marry
before my Son and Daughter attain their ages of twenty one
years then I order and direct that my said Trustees shall receive
the Rents and Profits of my Estates and pay my said wife
Ann the said yearly annuity of ten pounds and apply the
remainder towards the education of my children

And my Will and Mind is that my dear wife shall have the Room
at the West end of my Dwellinghouse with the Chamber over
it to reside in for her Life except she happen to marry again
And in case my Son and Daughter shall happen to die before
they respectively attain the age of twenty one years then I give
and devise my said real Estates unto them the said William
Buck and Thomas Gill and to their heirs and assigns as to the
whole Estate called Rycarr and Bell forth In Trust for my dear
wife Ann and her heirs and assigns for ever

And as to the rest and residue of my real Estate In Trust for
Christopher Lofthouse son of Ralph Lofthouse and to his heirs and
assigns for ever he paying fifty pounds apiece out of the same
unto his two Brothers John and Ralph And I charge my real
Estates with the payment of forty shillings at the death of Sarah
Spence towards the burying of her I give and bequeath unto
my Son William the House and parcel of Land containing 2 
half an acre which is Leasehold for a long term And I order
and direct that my said Trustees shall be reimbursed all their
reasonable charges and expences and that neither of them
shall be accountable for more money than what they shall
respectively receive nor for the Acts receipts or defaults of the
other, but each shall be accountable for his own Acts
Receipts and defaults only

I give and bequeath unto my dear wife Ann all my goods chattels and
personal Estate not above bequeathed chargeable with the payment of my
Debts and Funeral Expences And I do make constitute
and appoint my said wife Ann sole executrix of this my
last Will and Testament hereby revoking all former and
other Wills by me at any time heretofore made

In witness whereof I the said William Appleby have to this my last Will and
Testament contained in two sheets of paper to the first Sheet
have subscribed my mark and to the last Sheet my
hand and seal this seventeenth day of October in the
year of our Lord One thousand seven hundred and
seventy six. The mark and seal of William Appleby

Signed sealed and Published and declared by the Testator
William Appleby as and for his last Will and Testament in
the presence of us who at his request and by his direction
have subscribed our names as witnesses hereto in his presence
and in the presence of each other the words “Ann” and
“yearly” being first interlined

The mark of Thomas Wood
The mark of John Thackray
Peter Taylor

Proved in the Peculiar Court of Masham by
Ann Appleby Widow and Relict of the deceased and
Sole Executrix this 24th July 1777

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