John BURRILL of Swetton 1821, Will

Made 19 June 1820 Proved 11 August 1821
Transcribed by Carol Metcalfe from original documents available at the WYAS

In the name of God, I John Burrill of Swetton in the parish of Kirkby Malzeard in the county of York, yeoman do make and publish my last will and testament as follows.

I give and bequeath unto my brother Peter Burrill all my dairy utensils and all ranges ovens fixed iron pots boilers and articles of that description about my dwelling house.

I give and bequeath unto my sister Elizabeth all the household furniture which was the property of my late Uncle John Burrill.

And I give and bequeath all the rest of my household furniture implements and articles of household unto my dear wife Margaret and I also give and bequeath unto my said dear wife the sum of twenty pounds to be paid to her by my executor one month after my decease.

I give and bequeath further unto my said dear wife Margaret and her assigns one annuity or clear yearly rent charge or sum of fifty pounds to be issuing and payable out of my lands tenements hereditaments and estate at Swetton aforesaid to my said wife and her assigns for her life by two equal half yearly payments on the thirteenth day of May and the twenty third day of November in each and every year of her life. The first payment thereof to begin and be made on such of these days as shall next happen after my decease. And if the said annuity or any part thereof shall be behind or unpaid by the space of twenty days next over or after any half yearly day of payment then and in every such instance I authorise and empower my said wife or her assigns to enter into and upon all or any part of my said estate at Swetton aforesaid and to distrain for the same and to sell the goods distrained according to Law or otherwise to receive and recover the rents and profits of the same estate at her election from the tenant or tenants thereof until she shall from time to time be fully satisfied and paid the said annuity and all arrears thereof and all her costs charges and expences attending the before prescribed mode of recovery.

I give and bequeath unto my sister Elizabeth the wife of William Peacock the sum of five hundred pounds sterling to be avested interest immediately on my decease but to be paid and payable only at the times herein after mentioned that is to say one half part thereof six months next after my said wife’s decease. And I charge and make chargeable my said estate at Swetton with the payment of the said sum of five hundred pounds.

I give devise and bequeath unto my said brother Peter Burrill his heirs executors administrators and assigns respectively all and every my messuages farms lands tenements hereditaments and real estate situate lying and being at Swetton aforesaid or elsewhere in the county of York And also all my money, securities for money, farming stock, crops and husbandry utensils goods chattels and personal estate property and effects of every description not herein before specifically disposed of, to hold the same estates and premises unto and to the use of my said brother Peter Burrill his heirs, executors, administrators and assigns respectively for ever or for such estate and interest as I have or enjoy therein subject nevertheless to and expressly charged and chargeable with all the debts which I shall owe or am engaged or bound to pay and all my funeral and testamentary charges and expences and the before mentioned annuity and legacies.

And I appoint and constitute my said brother Peter Burrill sole executor of this my last will and testament hereby revoking all others which I have made, provided always and it is my will that the provision hereby made for my said wife is intended to be in lieu and ???? of her dower and thirds at Common Law and will that if she claim any dower or thirds out of my estates she shall take nothing by this my will.

In witness whereof I the above named testator, John Burrill have hereunto set my hand and seal this nineteenth day of June in the year of our Lord one thousand eight hundred and twenty.

John Burrill [signed]

Signed sealed published and declared by John Burrill the testator as and for his last will and testament in our presence who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses

Mary Spence
Joseph Burrill
Jos: Burrill Jun
[all signed]

This John Burrill [1769-1821] was the son of Leonard Burrill and the nephew of John Burrill of Swetton [1724-1819].

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