Will of John CUNDALL of Carlsmoor 1695

Masham Peculiar will
Transcribed by Carol Metcalfe

In the Name of god Amen this nineteenth day of January in the yeare of our Lord god one thousand six hundred ninety and fower I John Cundall of Carlsmoore wihin the County of York yeoman weake in Body but sound in Mind and perfect in Memory praised be Almighty god for the same and Callinge to mind the uncertaintie of this Transitorie Life ere on Earth and that all flesh must yield unto death when it shall please god to Call and Mindinge to set in order my worldly Estate and such things as it hath pleased god to bestow upon me in this world, doe make and ordaine this my Last will and Testament Revokeing and adnullinge by these presents, all will and wills, Testament and Testaments, by me formerly made Either by word or writeings and this onely to be taken for my Last Will and Testament and no other
Also first and principally I Commit my Soule to god my Maker, hopeinge to be saved by the precious Death and passion of Jesus Christ my onely Saviour and Redeemer and body to the Earth from whence it was taken to be buried in Christian Buriall and as for my worldly Estate I give and dispose the same as followeth
Imprimis I give and bequeath unto John Cundall my son and Heire, all my Lands and Tenements in Carlsemoore with appurtenances and to his executors administrators and assignes with all Buildings Barnes and Houses thereunto Belongeinge, to Enter to, and of Two full pts in three to be divided when he shall accomplish the age of Twenty one yeares, and the other third part at the death and decease of Mary my now wife, payinge out of the said Lands unto my Daughter Jane Cundall Twenty pounds when she shall be the age of Twenty one years. But if it shall hapen that my said son John Cundall shall die before he be the age of twenty one years, and Unmaried, and Leave noe Issue, Then I give my said Houses Lands and Tenements in Carlsmoore aforesaid unto my said Daughter Jane Cundall when she shall accomplish the age of one & Twenty years and to hir Executors administrators and assignes.
Item I give unto my said Daughter Jane Cundall Twenty pounds more out of my personall Estate and one Halfe of my Household Stuff when she shall be one and twenty years of age and if she dye before she be one and twenty years of age then I give the said Twenty pounds unto my said son John Cundall
Item I give unto Mary my wife, during hir Naturall Life, one third part of all my Lands Tements and Houses in Carlsmoore aforesaid, and also all the Rents Issues and profits of all and singular my Lands in Carlsmoore, towards the Bringing upp of my Said Children untill my said Son John Cundall attaine o the age of Twenty one years if she continue my wife soe Longe, But if the said Mary my wife happen to Marrie after my Death then I give unto John Coulthirst of Dalleygill and unto Timothy Banterey of Kirkbymalzeard my kinsmen two full pts in three to be divided of all the profits and Rents of my Lands and Tenements in Carlsmoore, towards the the Bringeinge upp of my Said Children, untill my said sonn shall be one and Twenty years of age, or otherwise be Married, to whome also I give the Tuission of my Children if Mary my wife happen to Marrie again my will ……………paper torn along 1 line ………….Leave noe Isue before they be Twenty one years of age, Then I give unto Robert Cundall, Son of George Cundall of Grewelthorp, after the death of Mary my now wife (if she Marrie not againe after my Death) All my Lands Houses and Tenements in Carlsmoor aforesaid and to his Executors administrators and assignes upon Condition that he pay unto his three Sisters, Every one of them five pounds apiece, when they shall accomplish the age of Twenty one years and to John Coulthirst son of John Coulthirst of Dalleygill, Jane Atkinson Daughter of Robert Atkinson of Dalleygill, Richard Dalley Son of John Dalley of Dalleygill, John Gibson Son of John Gibson of Swetton, Godfray Smith Son of Richard Smyth of Carlsmoore, Thomas Reed Son of Ralph Reed of Netherdale to Each of them Twenty Shillings apiece
As for all the rest of my goods and Chattells unbequeathed, both Moveable and Immoveable after my debts paid and funeral Expences discharged I doe hereby give and bequeath unto Mary my wife and to John Cundall my Son, whome I do hereby Nominate and appointe Joynt Executors of this my Last will and Testament, and I further Constitute and apointe the foresaid John Coulthirst of Dalleygill and Timothy Bantrey of Kirkbymalzeard, Supervissors and Trustees, to se that this my Will and Testament be Justly and Truely Executed according to the true Intents and Meaneinge here of appointing my Executors to give them suffitient pay and Rideinge Charges for what they doe about the Executeinge hereof.
In witness whereof I have hereunto Set my hand and Seale the day and yeare first above written
His marke and seale
John Cundall

Sealled Published and declayred
In the presence of us

Robart Atkinson [his mark] – his initials
John Ripley [signs]
Jos: Russell [signs]

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