Will made 1833, proved 1839
Transcribed by Carol Metcalfe
In the Name of God I Robert Fryer of Ringbeck in the parish of Kirkby Malzeard in the county of York Yeoman Do this twentieth day of December in the year one thousand eight hundred and thirty three make and publish my last Will and Testament as follows.
I give and devise unto and To hold unto my Brother William Fryer of Grantley in the said county yeoman his Heirs and Assigns for ever All my Buildings Lands Estate and Hereditaments with the Appurtenances situate at or called Greygrith in the Township of Laverton in the said parish of Kirkby Malzeard containing by estimate twenty six acres more or less now in the occupation of John Cundall and purchased by me of George Cooper of Tanfield Subject to and charged with a legacy or Sum of Fifty pounds which I give to my Nephew Thomas Allison Another legacy or sum of Fifty pounds which I give to my niece Mary Buck, both to be paid six months after my death and another legacy or sum of Twenty pounds which I give to Mary Metcalfe the daughter of my late Niece Elizabeth Metcalfe to be paid when she attains the age of twenty one years and for which my said Brother William Fryer his heirs or assigns shall pay sixteen shillings a year as Interest for or towards the maintenance or education of the said Mary Metcalfe during her minority and if she die under the Age of twenty one, then the said legacy of twenty pounds shall merge in the freehold of the said estate charged therewith
And further subject to and charged with a legacy or sum of Fifty pounds which I give to my Nephew Thomas Fryer another legacy or Sum of Fifty pounds which I give to my nephew Robert Fryer and a legacy or sum of Thirty pounds which I give to my niece Elizabeth the wife of Thomas Procter all to be paid six months after my death And I do declare that the due and regular payments of the said several Legacies are the Condition upon which I have devised the fee simple of my said Estate at Greygrith in Laverton to my said Brother William Fryer
I give and devise unto my adopted and beloved Daughter Hannah Lambert now residing with me her Heirs and Assigns All those my three several Tenements or Dwellinghouses with the Barn buildings Garth orchard and garden ground to the same belonging and all other the Appurtenances to the same All which last mentioned premises are situate in the Village of Kirkby Malzeard aforesaid were purchased by me of Charles Gill and are now in the occupation of my Tenants Thomas Lye Richard Garbutt and Tibby Hudson To hold the same premises with the Appurtenances unto and for the absolute use and benefit of the said Hannah Lambert her heirs and assigns for ever
I give and bequeath to the said Hannah Lambert all my Household Furniture Linen plate China Beds Bedding and other Implements of the Household which shall be in my present dwellinghouse and Dairy at the time of my death (but not any Fixing to the Freehold which shall belong to my brother John Fryer the devisee thereof afternamed) To hold and have the same Household Furniture and other things, with the exception of the Fixing, unto and for the benefit of the said Hannah Lambert as her own property.
I also give and devise unto my said adopted and beloved daughter Hannah Lambert All that my Allotment Close or parcel of Land called Quarry Allotment by estimation five acres more or less lying in Ringbeck aforesaid now in my own occupation and which I purchased of William Musgrove To hold the same with the Appurtanences unto and to the use of the said Hannah Lambert her heirs and assignes forever.
I further give and bequeath to the said Hannah Lambert the legacy or Sum of Thirty pounds to be paid to her by my Brother William Fryer six months next after my Death and charge and make chargeable with the payment thereof All the said Estate and Hereditaments at Greygrith in Laverton devised to him as aforesaid
And I declare it to be my earnest wish and desire that my said daughter Hannah Lambert do and shall advise and consult with my friend Mr Anthony Lumley in all matters which concern her rights and interests and that he will have the kindness to give her his advice and assistance on all needful occasions, which I hope She will be always thankful for
I give and devise unto my Brother John Fryer his heirs and Assigns All and singular my Messuage Buildings Lands Tenements and Hereditaments (except the before mentioned Quarry Allotment) with the Appurtenances situate in Ringbeck aforesaid or in the Township of Kirkby Malzeard aforesaid as the same are now in the occupation of myself and my said Brother John Fryer And all other my Real Estate and hereditaments whatsoever and wheresoever And all the rest residue and remainder of my Goods Money and personal estate not hereinbefore otherwise disposed of To Hold all the same Messuage buildings Lands tenements Hereditaments real and personal Estates and premises unto my said brother John Fryer his heirs executors administrators and Assigns respectively Subject to and charged with the payment of all my just debts funeral and testementary charges And further subject to and charged with all the Annuities and legacies hereinafter mentioned and by me given or bequeathed and to and with all legal and equitable remedies for recovery of the same, that is to say, I give and bequeath unto my Sister Ann Thackwray the wife of Richard Thackwray one Annuity or clear yearly sum of Nine pounds
And to my Sister Rebecca Cundall the wife and now the Widow of John Cundall one other annuity of clear sum of nine pounds for and during the term of their respective natural life in every year the first payment of both to be made one year next after my death and so forward on the same day in every year so long as they shall severally live but not any proportion thereof for less than a year
And it is my Will that the said Annuity to my Sister Ann Thackwray shall be always paid unto her own hands for her separate Use and upon her own Receipt And that whenever the said Annuity or either of them shall be in arrear or unpaid for the space of thirty days next after any yearly day of payment the same being first lawfully demanded it shall and may be lawful for the said Annuitants respectively to enter and distrain upon the said Estate and premises charged therewith and proceed to Sale in the Same manner as Landlords can lawfully do with respect to Tenants making defaults in payment of rent or otherwise to recover possession and the rents of the premises by Ejectment or otherwise and retain and receive the same respectively until the said Annuities and all expences incident to the recovery thereof shall be fully paid and satisfied
I give and bequeath the sum of Two hundred pounds to be paid to and equally divided amongst Thomas, Richard, John, William, James and Ann the six children of my said Sister Ann Thackwray at the expiration of six months next after their mother’s death
I give and bequeath the sum of Two hundred pounds to be paid to and equally divided amongst Sarah, Rebecca, James, John, Thomas and William the six children of my said Sister Rebecca Cundall at the expiration of six months next after their mother’s decease
All the said Annuities and Legacies so be charged and chargeable upon the Real and personal Estates devised to my Brother John Fryer as aforesaid
I give and devise all Estate Hereditaments and property whatsoever vested in me by way of Trust or otherwise unto my said Brother John Fryer and his heirs to enable him to release the same for all needful purposes And I nominate and appoint my said Brother John Fryer sole Executor of this my will hereby revoking all former Wills which I have made
In witness whereof I the said Robert Fryer the Testator have to this my Will and Testament set my Hand and Seal the day and year first before written
Robert Fryer [signs]
Signed sealed published and declared by the Testator Robert Fryer 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 subscribed our names as witnessing the words “Mother’s death” in one place being first written on Erasure and “mothers” in another place being first interlined
M Coates [signs]
Mary Coates [signs]
Sarah Dawson [signs]
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