John BURRILL of Colthouse 1759

Last Will and Testament of John BURRILL dated 25th day of October 1759
Transcribed by Sheila K Douglas

In the name of God Amen I John Burrill of Colthouse in Netherdale in the Parish of Kirkby Malzeard in the County of York Yeoman being with Health of Body and of sound perfect and Disposing mind and memory praised be Almighty God, but Considering the uncertainty of this life, do make and Publish this my last Will and Testament in manner and form following (that is to say)

first and principally I recommend my Soul which is immortal and dieth not into the hands of Almighty God that Gave it me trusting and assuredly believing through the Incritorious Death and Passion of my Blessed Saviour and Redeemer Jesus Christ to receive full pardon and remission for all my Sins and transgressions And my body to the Earth be buried in Such Decent manner as my Executor and Executrix hereinafter named shall think fit and as touching the Distribution of Such Temporal or Worldly Estate as it hath pleased Almighty God to bless me with all I give and Dispose of the same as followeth (that is to say)

First my Will and Great Desire is that all my Just Debts, Legacies and funeral Expenses shall be paid and Discharged And Whereas I have made over unto Elisabeth Burrill my now wife one half of my Lands (or thereabouts) adjoining to the Messuage House and other my Lands Situate and lying at Swetton in the said Parish During her natural Life Also I hereby Give and Devise unto John Burrill my Son all that other moiety or half part of my Lands at Swetton aforesaid adjoining on the House wherein John Burrill my Son now dwell or nigh thereto Commonly called or known by the names of Little Ing, and Croft, Middle Ing and Horsepark, high Close, Rye Close (the wood thereon Growing and to grow Excepted) Pasture and the Wood And to him my Said Son his heirs and assigns for ever And after the Decease of Elisabeth Burrill my now wife I give and Devise that other Moiety or half part which she enjoyed of all these Closes and parcels of Land forementioned to John Burrill my Son aforesaid his heirs and assigns for ever Nevertheless my Will and mind is that John Burrill my Son aforesaid shall be subject to pay out of the aforesaid Lands and premises Heretofore Given and Devised to that Infant After the Decease of my said Wife the Several Legacies following (that is to say)

to Joseph Burrill my Son the Sum of Twenty Pounds Also, I give to Richard Burrill my Son the sum of Forty pounds Also I give to Elisabeth Burrill my Daughter the Sum of Sixty Pounds Also I give to Sarah Burrill my Daughter Sixty Pounds Also I give to Ann Burrill my Daughter Sixty Pounds

And further my will and mind is that if Joseph Burrill, Richard Burrill, Elisabeth Burrill, Sarah Burrill and Ann Burrill them or any of them Die before her him or them So Dying ?????? their respective Legacies above mentioned that then in Such Case if any of them Dye before the said Legacie becomes due and leaves Issue then the share of Legacies above mentioned Shall go to their own issue and if any of the above said Legatees Dye leaving no issue then the share of them So Dying Shall go Equally amongst the Survivors of them, share and share alike. And for Default and payment of all or Any of the forementioned Legacies when the same becomes due and ought to be paid (which is within six months after the Decease of Elisabeth Burrill my now wife) that then it shall and may be lawful for the above said Legatees them and all or one of them or their issue if any be to Enter upon any part of the forementioned Closes and premises and the same hold, Detain and keep to her him or their own properties? and behoofe until the said Legacies be paid and discharged together with all cost thereby Occasioned.

Also I give and Devise to Leonard Burrill my Son all these Several Closes with the Houseing and Barns thereon Erected and built within Swetton aforesaid Commonly called and known by the names of Highfield, Riddings and Vicar Pasture now into Several Closes Divided And to him and his heirs and assigns for ever to Enter upon at my Decease Nevertheless my will and mind is that Leonard Burrill my Son his heirs or assigns shall pay out of the same to Joseph Burrill my Son the sum of forty Pounds, and to Richard Burrill my Son the sum of Sixty pounds, And Also to Mary Beck my Daughter the Sum of forty Pounds which said Legacies last given to Joseph Burrill, Richard Burrill and Mary Beck to be paid out of the Lands before Devised to Leonard Burrill my Son within one whole year next after my Decease

Also I give to William Burrill my Son the Sum of Sixty Pounds to be paid also by Leonard Burrill my Son out of the Lands aforesaid within one whole year next after the Decease of my Wife And for default in payment of all or any of the said Legacies when the same becomes due and ought to be paid. Then my will and mind is that they the said Joseph Burrill, Richard Burrill, Mary Beck and William Burrill shall and lawfully may enter into and upon the Closes Lands and premises here Devised to Leonard Burrill my Son and the Same held occupy possess and enjoy until full payment be made of Each respective Legacie to them the Said Legatees or their Heirs with all Costs thereby Occasioned

And as for the rest of my Personale Estate hitherto not Disposed of my will and mind is that the same be Justly appraised and the Overplus, Besides paying my funeral Expenses and Court fees be equally Divided Among my Children following (that is to say) John Burrill, Leonard Burrill, Joseph Burrill, William Burrill, Richard Burrill, Elisabeth Burrill, Sarah Burrill and Ann Burrill and Also Elisabeth Burrill my wife Share and Share alike And as for my household Goods which is my intent shall not go with nor belong my personal Estate above mentioned but shall be divided betwixt Elisabeth Burrill my now Wife and my Three Youngest Daughters (that is to say) Elisabeth Burrill, Sarah Burrill and Ann Burrill Equally among them Share and Share alike

Also I Give and devise to Leonard Burrill my Son his heirs and assigns for ever all the woods and underwoods Growing and to grow yearly for Ever on that Close or parcel of Ground Called Rye Close Before given and devised to John Burrill my Son with this Exception With Liberty to go with Cart or Carriage to and from the Said Wood in the said Rye Close Over these closes Called Pasture and the high close Betwixt the Eleventh day of November and and the Twenty fifth day of March in every Year if need require Doing as little damage as may be and my will and mind is that Leonard Burrill my Son his heirs or Assigns Shall make or cause to be made Yearly for ever all the out fence belonging the said Wood or otherwise Upon Default of upholding the said fence in (and neglecting to keep the same up in Sufficient) repare My will and mind is that Leonard Burrill my Son shall be utterly Debarred his heirs or assigns for ever from having any right or claime thereto

and I do hereby nominate and appoint John Burrill my Son and Elisabeth Burrill my Loving Wife Joynt Executor and Executrix of this my Last Will and Testament And I appoint Daniel Raynard the Younger and John Pickersgill Supervisors and Trustees to Se this my will performed whome I desire to be aiding and assisting herein with my Son and wife

In Witness whereof I John Burrill have hereunto Set my hand and Seal this Twenty fifth day of October in the year of our Lord one thousand Seven hundred fifty nine

John (Seal) Burrill

Signed, Sealed, published and Declared }
by the within named John Burrill as his Last Will }
and Testament the words (receive, his heirs and assigns }
for ever and Seal being first interlined – in the presence of }
us and Witnessed by us in his presence and at his request }

Dorothy (her mark) Cundall
Mary (her mark) Richinson
John Topham

Know all Men, by these presents that we John Burrill of Swetton in the Parish of Kirkby Malzeard, in the County of York, Yeoman and John Pickersgill of Dallowgill in the said Parish, Yeoman are Bound and firmly Obliged to the Reverend Edward Place Clerk Master of Arts Commissary or Official of the Peculiar and Special Jurisdiction of the Church late of the Prebend of Masham in the said County lawfull recieved? Constituted in the Sum of Five hundred Pounds of good and lawful Money of Great Britain to be paid to him the said Edward Place or to his certain Atorney Executors Administrators or Assigns; For the Payment whereof well and truly to be made, We oblige ourselves and both of us by ourselves, for the Whole and the Full, our Heirs Executors and Administrators firmly by these Presents. Sealed with our Seals, Given the Twenty Eighth Day of the Month of May in the Year of our Lord One Thousand Seven Hundred and Sixty One

The Condition of this Obligation is such, That, if the above Bound one John Burrill one of the Executors of the Last Will and Testament of John Burrill late of Colthouse in Netherdale in the said Parish of Kirkby Malzeard Yeoman, his late father deceased do well and truly execute and perform the said Last Will and Testament 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 said Peculiar Court at Masham a true and perfect Inventory of all and singular the Goods, Rights, Credits, Cattles, and Chattels 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 Premises 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.

John Burrill

Sealed and Delivered }
in the presence of }

John Pickersgill
Tho: Raper
Wm: Raper