The following is transcribed by Sheila K Douglas from the
Making of Mashamshire’s Edmundson and Gowland papers
This is the last Will and Testament of me Joseph Richmond late of
Laverton Intack in the Parish of Kirkby Malzeard in the West Riding of the
County of York, Farmer and now of Kirkby Malzeard aforesaid, Yeoman.
I appoint my only son David Richmond sole Executor of this my Will and
I give and devise to him and his heirs All estates vested in me upon any trust
or by way of mortgage upon the trusts and subject to the equities affecting the
same respectively.
I direct the payments of all my just debts funeral and testamentary expenses
to be made by my said Executor as soon as conveniently may be after my decease.
I give and bequeath to my dear Wife Ann Richmond a Legacy of fifteen pounds sterling (to be paid to her immediately after my decease) and also all my wines
liqueurs fuel and other consumable household stores and provisions and all my wearing apparel for her own absolute use.
I give and bequeath to my said Wife the use and enjoyment during her life of all my household furniture and utensils beds bedding plate linen china glass books pictures
prints and other articles of like nature. And after her decease
I give and bequeath one equal half part thereof to my Daughter Mary Richmond
and I give and bequeath the other equal half part thereof to my said son
David Richmond and my Daughter Martha Pearson in equal shares, and if any dispute shall arise concerning the division of the said furniture and other effects such division shall be made by my friend John Lumley of Grantley in the Parish of
Ripon in the said County Auctioneer or, in case of his death or refusal to act, then by some competent person to be appointed by any two of them my said Son and Daughters, and the determination of the said John Lumley or such person to be appointed as aforesaid, as the case may be, shall be final and conclusive.
I give and bequeath all my money and securities for money and all the residue of my personal estate to my said Son David Richmond for his own absolute use.
I devise to my said Wife the messuage or dwellinghouse in which I now reside
situate at Kirkby Malzeard aforesaid and also all the several pieces or parcels of
and or ground and premises situate at or near to Kirkby Malzeard aforesaid
which I received in exchange with the Right Honourable the
Earl de Grey and Earl of Ripon. To hold the same with the appurtenances to
my said wife and her assigns during the term of her natural life without
impeachment of waste. And on her decease I devise the same messuage or dwellinghouse pieces or parcels of land or ground hereditaments and premises
unto and to the use of my said Daughter Mary Richmond her heirs and
assigns for ever charged with the payment of the sum of nineteen pounds
and nineteen shillings to each of the children of my said Daughter
Martha Pearson who shall live to attain the age of twenty one years to be
paid to them at the expiration of six calender months from the decease of
my said wife
I devise to my said wife a yearly Rent Charge of twenty two pounds sterling for her life to be charged upon and issuing out of my freehold messuage land and hereditaments situate at Laverton Intack aforesaid now in the occupation of my said Son
David Richmond and to be payable half yearly without deduction the first payment of the said Rent Charge to be made at the end of six calender months computed from my decease and a proportionate part thereof to be paid to the day of the death of my said wife.
I devise to my said Daughter Mary Richmond All that my cottage or tenement with the outbuildings and gardens to the same belonging situate at Kirkby Malzeard aforesaid and now in the occupation of Robert Jaques as tenant To hold the same with the appurtenances to my said Daughter Mary Richmond her heirs and assigns for ever
I devise to my said Daughter Martha Pearson all that my cottage or tenement with the outbuildings and gardens to the same belonging situate at Kirkby Malzeard aforesaid and now in the occupation of John Dobby as tenant To hold the same to my said Daughter Martha Pearson her heirs and assigns for ever.
I devise all that my allotment or parcel of land called Newland Allotment containing twelve acres or there abouts situate in the township of Kirkby Malzeard aforesaid and now in the occupation of William Calvert with the appurtenances unto my said Daughter Martha Pearson for her life without impeachment of waste for her sole and separate use free from marital control and engagements and without power for her to anticipate the growing payments thereof And on her decease to the child if only one or the children if more than one of my said Daughter Martha Pearson in fee simple, such children if more than one to take as tenants in common in equal shares
And if any of such children should die under the age of twenty one years without leaving issue at his her or their death or respective deaths then as to as well the share hereinbefore limited to each child so dying as the share or shares limited to such child by the executory limitation To the other if only one or the others if more than one of the children of my said Daughter Martha Pearson in fee simple and if more than one to take as aforesaid But in case no child of my said Daughter Martha Pearson shall attain the age of twenty one years or die under that age and leave issue living at his or her death.
I devise the same allotment or parcel of land hereditaments and premises. As to one moiety thereof To the use of my said Son David Richmond his heirs and assigns for ever. And as to the other moiety thereof To the use of my said Daughter
Mary Richmond her heirs and assigns for ever.
I give and devise unto my said Son David Richmond his heirs and assigns the free and exclusive right (which was devised to me by my late Father) of getting and taking for his and their own use all the stone to be had or gotten from one half acre of land out of a certain allotment of land called Franklands Allotment situate on
Kirkby Malzeard Low Moor and now occupied by ———- Holdsworth on condition
that he my said Son David Richmond maintains a sufficient gate in the said allotment as directed by the Will of my said late Father. I give and devise all the residue of my messuages lands and hereditaments and premises of which I shall be seized or to which I shall be entitled at the time of my decease and which I have not hereinbefore disposed of with their respective actual and reputed appurtenances to my said Son David Richmond and his assigns during the term of his natural life without impeachment of waste.
And on his decease To the child if only one or the children if more than one of
my said Son in fee simple such children if more than one to take as tenants in
common in equal shares. And if any such children shall die under the age of twenty one years without leaving issue at his her or their death or respective deaths, then
as to as well the share hereinbefore limited to each child so dying as the share or shares limited to such child by this executory limitation. To the other if only one or
the others if more than one of the children of my said Son in fee simple and if more than one to take as aforesaid. But in case there shall not be any child of my said
Son or not any such child who shall attain the age of twenty one years or die under that age and leave issue living at his or her death I devise the same messuages
lands hereditaments and premises As to one moiety thereof To the use of my said Daughter Mary Richmond her heirs and assigns for ever. And as to the other
moiety thereof To the use of my said Daughter Martha Pearson her heirs and
assigns for ever.
I revoke all former Wills and declare this only to be my last Will and Testament.
In witness whereof I have to this my last Will and Testament set my hand this fourth day of June in the year of our Lord one thousand eight hundred and seventy.
Joseph Richmond
Signed and acknowledged by the said Joseph Richmond as and for his last
Will and Testament in the presence of us, present at the same time who at his
request in his presence and in the presence of each other have hereunto
subscribed our names as witnesses,
Henry Calvert, Solicitor, Masham
David Bew? his Clerk.
This is a Codicil to the last Will and Testament of me Joseph Richmond of
Kirkby Malzeard in the County of York, Yeoman. I revoke the bequest contained in my said Will of one moiety of my household furniture and utensils beds bedding
plate linen china glass books pictures prints and other articles of a like nature to my Son David Richmond and my Daughter Martha Pearson after my wifes’ death.
And on the death of my said wife I bequeath the whole of my said household furniture and utensils beds bedding plate linen china glass books pictures prints and other articles of a like nature to my Daughter Mary Richmond for her own absolute use.
I confirm my said Will in all other respects.
In witness whereof I have hereunto set my hand this fourth day of June one thousand eight hundred and seventy, Joseph Richmond
Signed by the said Joseph Richmond in the presence of us, present at the
same time who at his request in his presence and in the presence of each
other have hereunto subscribed our names as witnesses,
Henry Calvert
David Bew?
This is a second Codicil to the last Will and Testament of me Joseph Richmond
of Kirkby Malzeard in the County of York, Yeoman which Will bears date the
fourth day of June in the year of our Lord one thousand eight hundred and seventy.
I bequeath to my Daughter Mary Richmond an immediate Legacy of fifteen pounds and I devise to her a yearly Rent Charge of twenty pounds sterling during the life of my wife Ann Richmond in case my said Daughter Mary Richmond shall so long live,
to be charged upon and payable out of my freehold messuage land and hereditaments situate at Laverton Intack in the Parish of Kirkby Malzeard aforesaid and now in the occupation of my Son David Richmond and I direct that the said Rent Charge shall be payable half yearly without deduction the first payment to be made at the expiration of six calender months computed from my decease and I direct that the said Rent Charge shall be in addition to the devises and bequests contained in my said Will and the first Codicil thereto in favour of my said Daughter Mary Richmond but I declare that the said Rent Charge shall cease and determine on the death of my said wife or the death of my said Daughter Mary Richmond which event may first happen.
In all other respects I confirm my said Will and the first Codicil thereto.
In witness whereof I have hereunto set my hand this fifth day of June in the year of our Lord one thousand eight hundred and seventy two,
Joseph Richmond
Signed and acknowledged by the said Joseph Richmond in the sight and
presence of us both present at the same time who in his sight and presence at
his request and in the presence of each other have hereunto subscribed our
names as attesting witnesses and we certify that the said Joseph Richmond
declared to us that the foregoing writing had been duly read over to him by
*Henry Calvert *and that he had full knowledge of and approved of the contents
hereof the words “I devise to” having been first struck through with a pen and the words “I bequeath to” and “an immediate Legacy of fifteen pounds and I devise to” having been first interlined.
Henry Calvert
Christopher Dobson
Died 21st June 1872
Will proved Principal Registry 16th June 1873