Will of ANTHONY ASHBY 1842

Will of Anthony Ashby of Dallowgill, yeoman.
Dated 10th May 1842
Transcribed by Sheila Douglas

This is the last Will and Testament of me, Anthony Ashby of Dallowgill,in the Parish of Kirkby Malzeard in the County of York, Yeoman in manner following (that is to say)

First I order and direct all my just debts funeral and testamentary expenses to be fully paid out of my money out on security and stock of cattle, and I give and bequeath unto my daughter Mary (on certain conditions hereinafter mentioned) the sum of sixty pounds and I give and bequeath the rest and remainder of my money out on security on my stock and cattle implements and husbandry, and all my household furniture unto my Wife Ann. Also I give and bequeath unto my wife Ann and her assigns for and during the term of such time of my youngest daughter Margaret attains her age of twenty one years All and singular the profits rents issues and condiments that may arise from and out of my lands, messuages, tenements and premises hereinafter named until such time as my youngest daughter attains her age of twenty one years. I give and bequeath unto my said Wife Ann and her assigns for and during the remainder of her life one annuity or clear yearly rent or sum of ten pounds one shilling of good and lawful money clear of all taxes and deductions the same to be paid to her half yearly and I do hereby expressly charge and make chargeable All my lands, messuages, tenements and hereditaments and premises hereinafter mentioned with the payment of the said annuity and for the recovery of the said annuity when and so often as the same shall become due and payable and be in arrear for the space of twenty days next after the same shall become due and give and grant unto my said Wife Ann all such powers of entry distress and sale of the produce of the said premises hereinafter mentioned as can by law be obtained and given.

I further give and bequeath unto my said Wife Ann for and during the term of her natural life the use and rents of two messuages or dwellinghouses and a turf house adjoingin Lofthouse’s Barn all situate at Greygath in Dallowgill in the parish of Kirkby Malzeard aforesaid now in the occupation of Henry Gill and Jane Dallow. I give devise and bequeath unto my eldest daughter Mary her heirs executors administrators and assigns when her youngest sister Margaret attains her age of twenty one years All that part or parcel of land with the appurtenances namely the two closes of land known by the names of Back or Chapel Garth and Sheephouse Close, also the Plantations in the said Back or Chapel Garth and appurtenances with half of the Barn and half of the cowhouse adjoining the House occupied by Christopher Lofthouse, situate and lying and being at Greygarth in Dallowgill in the parish of Kirkby aforesaid subject nevertheless and chargeable with the payment of the annuity or the yearly sum of three pounds and seven shillings hereinbefore given and bequeathed to my Wife Ann for and during her natural life, And if I do not erect a dwellinghouse in the said Back or Chapel Garth I give and bequeath in lieu thereof unto my said daughter Mary the sum of sixty pounds to be paid out of my money on security when my youngest daughter attains her age of twenty one years but if I do erect a dwellinghouse thereon for my said daughter Mary then and in that case the said sum of sixty pounds will be forfeited and not payable. I give devise and bequeath unto my daughter Ann her heirs executors and administrators and assigns when her youngest sister Margaret attains her age of twenty one years All and singular the messuage or dwellinghouse now in the occupation of Widow Ann Ashby with a messuage or dwellinghouse now in the occupation of Henry Gill subject to my Wife’s interest therein with a stable underneath the house occupied by Jane Dallow together with two fields or closes of land with their appurtenances known by the names of Fore Close and High Car situate lying and being in Greygarth Dallowgill in the Parish of Kirkby Malzeard aforesaid subject nevertheless and chargeable with the payment or yearly annuity of three pounds hereinbefore given and bequeathed unto my Wife Ann.

And I give devise and bequeath all the rest residue and remainder of my lands messuages tenements hereditaments and premises situate at Greygarth in Dallowgill as aforesaid or elsewhere unto my youngest Daughter Margaret her heirs executors administrators and assigns subject nevertheless to my Wife’s interest and annuity therein (that is to say) I give devise and bequeath to my daughter Margaret her heirs executors administrators and assigns on attaining her age of twenty one years All and singular the messuage or dwellinghouse now in the occupation of Christopher Lofthouse with a messuage or dwellinghouse now in the occupation of Jane Dallow and two turf houses (subject to my Wife’s interest therein) also with half of the Barn and half of the cowhouse adjoining, together with three fields or closes of land with their appurtenances known by the names of Hill Close Low Sour and Low Car situate at Greygarth Dallowgill in the Parish of Kirkby Malzeard aforesaid subject nevertheless and chargeable with the payment of the annuity or yearly sum of three pounds seven shillings hereinbefore given and bequeathed unto my Wife Ann. But if any of my children shall die under the age of twenty one years without leaving lawful issue then and in that case I give devise and bequeath the aforesaid premises to the survivor or survivors a of my children equally and should all my children die without leaving lawful issue I then and in that case give and bequeath all the aforesaid premises unto my Wife Ann during the term of her natural life and in that case after her decease unto my Brothers and sisters and to their representatives equally amongst them. And I expressly order that not any part of my estate of housing and land shall be sold or mortgaged during the life of my Wife.

And lastly I hereby nominate constitute and appoint Richard Umpleby of Stockwath, Carpenter Cass Swales of Dallowgill, farmer and Michael Lofthouse of Dallowgill, Schoolmaster, Executors and Trustees of this my last Will and Testament (and my will and mind that each Trustee be answerable only for his own acts and deeds) they paying out of my personal estate all my just debts funeral and testamentary expenses and I hereby declare this to be my last Will and Testament contained in this sheet of paper.

In witness whereof I have herewith set my hand and seal this tenth day of May in the year of our Lord one thousand eight hundred and forty two – Anthony Ashby – his mark seal – signed sealed published and declared by the above testator Anthony Ashby 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 have hereunto subscribed our names as witnesses – Thomas ThirkillChristopher Lofthouse. Witnesses

The Reverend and worshipful Thomas Riddell Clerk Master of Arts Commissary or Official of the Peculiar and Special Jurisdiction of the Church late of the Prebend of Masham in the County of York lawfully constituted by these presents make known unto all men that on the second day of February in the Year of Our Lord God One thousand eight hundred and forty four before the Reverend Thomas Charles Wilson Clerk Bachelor of Arts our lawful Surrogate or Substitute the last Will and Testament of Anthony Ashby late of Dallowgill in the Parish of Kirkby Malzeard in the Peculiar and Special Jurisdiction aforesaid Yeoman deceased (a Copy whereof is hereunto annexed) was proved approved and registered and Administration of all and singular the Goods Chattels and Credits of the said deceased in the said Peculiar Special Jurisdiction aforesaid and any ways concerning the said Will was granted to Richard Umpleby of Stock Wath in the said Parish of Kirkby Malzeard Carpenter Cass Swales of Dallowgill aforesaid Farmer and Michael Lofthouse of Dallowgill aforesaid Schoolmaster the Executors in the said Will named being first Sworn upon the Holy Evangelists in due form of Law Saving the right of any other person Given at Masham under the Seal of our Office the day and year aforesaid John Calvert Registrar