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Will of Reverend John Adamthwaite of Winton (died 1839)

John ADAMTHWAITE, Doctor of Divinity, was born in Winton, Westmoreland and christened on 28 Jan 1783.  His parents were Thomas ADAMTHWAITE, husbandman of Winton and Mary (Pearson).  He was ordained as a Clergyman and ran a school in Winton (you can read more about him in the article ‘Seven Reverends Adamthwaite’ in the Miscellany section.

Reverend John died on 5 Jun 1839 at the age of 56 years – on his Death Certificate his occupation is given as ‘Magistrate’.  The death was reported by his sister Hannah Burrell.

This is the last Will and Testament of me John Adamthwaite of Winton in the County of Westmorland Doctor of divinity whereby I dispose of all my Estate and effects in manner and plan following.  In the first place I direct that all my just Debts Funeral and Testamentary expenses by duly paid and satisfied by my Executors hereinafter named and for that purpose and for payment of the legacies hereinafter bequeathed I Will and Direct that my Executors shall as soon as my be after my decease, sell and convert into money such part of my Personal Estate as shall not consist of money and which is not specifically bequeathed by this my Will and also do and shall call in any compel payment of all such parts of my Personal Estate and effects as shall consist of money out at Interest or otherwise and also collect and get in all Book and other debts which shall be owing to me at the time of my decease in such manner as they shall think fit and I do hereby authorise and empower them my said Executors and the survivor of them his Executors and Administrators to compromise or compound for any Debt or Debts owing to me and to give and allow such reasonable time by way of indulgence for the payment of the same and in the meantime to take and accept such security for payment thereof as they or he shall think fit and the receipt or receipts of them or him for all money paid or securities given under or by virtue of this my Will shall in all cases be a sufficient and effective discharge and discharges for such sum or sums of money as shall therein respectively be expressed or acknowledged to have been received or given and it is my Will (and …

I do hereby direct that my said Executors and the survivors of them and the Executors and Administrators of such Survivors shall stand  possessed of the monies to arise and be gotten in aforesaid.  In trust in the first place to pay thereof all my just Debts Funeral and Testamentory Expenses and next towards payment of the Legacies hereinafter bequeathed so far as the same will extend.  

 

I give and bequeath unto my niece Mrs Elizabeth Smith wife of John Smith and Daughter of my late Brother Joseph the sum of one Hundred Pounds

I give and bequeath to my Brother Edmund Adamthwaite the sum of Two hundred pounds.

I also give and bequeath to each of my Nephews and Nieces the children of my said Brother Edmund namely Ann, John, William, Mary, Christopher, Joseph and Jane the sum of one Hundred pounds each.

I give and bequeath to my Brother William Adamthwaite the sum of Two Hundred pounds.

I give and bequeath to my niece Emma Adamthwaite daughter of my Brother William Adamthwaite the sum of Three Hundred Pounds. I also give and bequeath to her the said Emma Adamthwaite my best bedstead with the bed bedding and hangings belonging thereto also my best dining table, best Looking Glass and all my plate.

I give and bequeath to my Nephew Edwin Adamthwaite son of my said Brother William Adamthwaite the sum of One Hundred Pounds.

I give and bequeath to my Sister Mary Lord wife of Joseph Lord the sum of Two hundred pounds.

I give and bequeath unto my Nephews and Nieces John Adamthwaite Lord, Mary Ann Lord and William Lord children of my said Sister Mary the sum of One Hundred Pounds each.

I give and bequeath to my Sister Hannah Burrell the sum of Two Hundred Pounds

I give and bequeath unto each of the children of my said sister Hannah namely John Mary Joseph William Anne and Sarah the sum of One Hundred Pounds.

I give and bequeath unto Emma Deans Bell, John Bell, John Hugh Percy Bell and Anne Bell the children of John Bell of West Bretton Dumfriesshire the sum of Two Hundred Pounds each.

I give and devise unto Mrs Barbara Bell wife of the said John Bell of West Bretton aforesaid the sum of Ten pounds and Ten shillings.

I give and bequeath unto my Housekeeper Hannah Ratson the sum of one Hundred Pounds.

I give and bequeath unto my late servant Sarah Graves who is now living at an Inn in Southport Lancashire the sum of Fifty pounds  

 

and I do hereby direct that the said Two last mentioned Legacies of One Hundred Pounds and Fifty Pounds shall be paid by my Executors to the respective Legatees without deducting the legacy duty which will become due thereon and that my Executors shall pay such duty out of  the Property coming to their hands under this my Will all which said Legacies I direct shall be paid by my Executors and Trustees hereinafter named out of my real and personal Estate devised to them at the end of Twelve months next after my decease to such of the said Legatees as shall then have attained the age of Twenty Four years.  And as to the Legacies of such of the said Legatees respectively who shall not then have attained that age I direct that the said Legacies so given to them respectively shall be paid to them respectively upon their severally and respectively attaining their respective age or ages of Twenty four years after the expiration of Twelve months next after my decease.  And in case the payment of the several Legacies hereinbefore given to such of the Legatees as shall be entitled to receive the same at the end of Twelve Months after my decease be deferred beyond that period then and in such case or cases I do hereby direct and declare that my said Trustees and Executors shall and do pay and allow unto such Legatee and Legatees Interest after the rate of Four Pounds per Centum per Annum from and after the expiration of Twelve months after my Decease until the times when such Legacies shall be paid and shall pay the said Interest to the Parent of such respective Legatees if living and after the death of such parents shall pay the said interest to the said Legatees in manner hereinafter directed.  And I do further order declare and direct that Interest after the rate aforesaid shall be paid by my said Trustees and Executors from the time of my Death for and towards the maintenance education and support of such Legatees respectively who shall be under the age of Twenty Four years at the end of Twelve months after my Decease in such manner and proportions and at such times in such way and by such means and to such persons nevertheless after the death of the parents of such Legatees as my said Executors and Trustees shall think proper until such time as such Legatees respectively shall be entitled to receive their respective Legacies or until such Legacies shall be paid.  And I do hereby expressly charge all my real Estate whatsoever with the payment of the said several Legacies

hereinbefore bequeathed by this my Will.  And I do also further declare and direct that in case any of the before named Legatees shall die in my lifetime then the Legacies given to them shall fall into and become part of the residue of my Estate and effects but in case any of the said Legatees shall died after me and before becoming entitled to receive their respective Legacies then I declare and direct that such Legacies given to them so dying shall not lapse.  And I do hereby further declare and direct and it is my Will and mind that my said Trustees shall and may from time to time and at any times after my decease when and so often as they shall think proper pay apply or advance unto the respective Legatees hereinbefore named or ot any other person or persons for his her or their preferment in life or advancement in the world in such manner as he or they the said Trustees or Trustee shall deem advisable or expedient all or any part of the Legacy or Legacies hereinbefore given and bequeathed to him or them respectively.  And in case any part or parts or the whole of such respective Legacies shall be so paid and applied for in the maintenance and education or advancement of any of the said respective Legatees the receipt or other acquittance of the parent guardian or other person or persons to whom the same shall be paid shall be a good and effectual discharge to the said Trustees and Trustee for such part of the respective Legacies so paid and they or either of them shall not thereinafter be accountable for the same or be anywise bound to see to the proper application thereof or any part thereof.  

 

I give and bequeath unto my nephew John Burrell all my books.

I give and bequeath unto Mary Adamthwaite… daughter of my Brother Edmund Adamthwaite all my household goods and furniture, beds, bedding, linen and China (except such as are hereinbefore bequeathed to my niece Emma Adamthwaite)

I give and bequeath unto Edmund Adamthwaite, son of my brother Edmund Adamthwaite all my stock as ………………………………..Dairy Utensils

I give and devise unto my aforesaid Brother the Reverend William Adamthwaite of West Stockwith in the County of Nottingham and my Nephew John Burrell son of my said sister Hannah Burrell their Heirs and Assigns All that Messuage and Tenement situate in the Village of Winton aforesaid commonly called and known by the name of Burns House consisting of a Dwelling House stable CartHouse Barn Byer and other outbuildings with the Garth Garden and Croft adjoining thereto and now in the several occupation of myself Margaret Blacklin and Joseph Snowden (?) Upon Trust that they shall and from after my decease permit my said Housekeeper Hannah Ratson to occupy the same during her natural life should she so long continue unmarried or upon the like condition in the event of her wishing to live elsewhere that they my said Trustees shall let the premises for the best Rent that they can obtain for the same and pay over the Amount of such rent to the said Hannah Ratson and from and after the death or marriage of the said Hannah Ratson I hereby direct that they my said Trustees or the survivor of them and the Heirs of such Survivor shall sell and dispose of the said hereditaments either by Public Auction or Private Contract.  And also make execute and perfect all necessary or proper Deeds Writings Conveyances Surrenders and Assurances for the purpose of vesting the same in any purchaser or purchasers thereof.

 

And I hereby declare and direct that the Receipt or Receipts of my said Trustees or Trustee or of the Acting or only acting Trustees or trustee of this my Will for the time being should be a good valid and sufficient acquittance to the purchaser or purchasers of the said Hereditaments and that no such Purchaser or Purchasers after paying his or their purchase money to the said Trustee or to his or their order shall be answerable for the misapplication or non application thereof and shall after making such sale of the said Hereditaments divide the proceeds thereof after paying thereout all expenses attending the same equally between and amongst such of the children of the aforesaid John Bell of West Bretton as are hereinbefore named in this my Will and who may be living at the time of the death or marriage of the said Hannah Ratson and who shall then have attained the Age of twenty one years and I further direct that Interest at the rate of Four pounds per cent upon the respective shares of such of them as shall not have attained that age shall be paid to them by my said Trustees until they become entitled to their share of such purchase money and as to and concerning all and singular other my Messuages Lands Tenements and real Estate whatsoever and wheresoever and of what nature or tenure soever the same may be whether Freehold Copyhold Customary hold or of any other tenure and also all other my personal Estate whatsoever and wheresoever and all other Property over which I have a disposing power at the time of my decease I give devise and bequeath the same unto my aforesaid Brother the Reverend William Adamthwaite and my said Nephew John Burrell their Heirs Executors and Administrators accruing to the natures and tenures of the said Estates and Property respectively.  Upon the several Trusts and to and for the several ends intents and purposes hereinafter declared concerning the same that is to say Upon Trust that they the said William Adamthwaite and John Burrell and the survivor of them and the Heirs Executors and Administrators of such survivors shall and do from time to time and when and so often as occasion requires after my decease sell and dispose of so much of my Real Estate as may be necessary for the purpose of paying off and discharging my Debts and the several legacies hereinbefore given by this my Will either by Public Auction or by Private Contract and either together or in several lots and either at one or several times as they or he my said Trustees or Trustee shall think best.  And also make execute and perfect all necessary or proper Deeds Writings conveyances Surrenders and Assurances for the purpose of vesting the same in any purchaser or purchasers thereof.  And I hereby declare and direct that the receipt or receipts of my said Trustees or Trustee or of the Acting or only Acting Trustees or Trustee of this my will for the time being shall bea good value and sufficient acquittance and discharge a good valid and sufficient acquittances and discharges to the Purchaser or Purchasers of the same Estates or of any part thereof for all or any part of the money which shall be by them or him paid for the same or so much thereof as in such receipt or receiptsshall be acknowledged to be received and that no such Purchaser or Purchasers after paying his her or their sale purchase money to the said Trustees or Trustee

…… two illegible lines …

In any respect accountable for or by reason of the misapplication or non application of the same or any part thereof.  And that after such payment such purchaser and purchasers shall hold the lands and hereditaments so purchased freed and discharged from the same debts and legacies hereinbefore given and charges therein.  And I do further Will and direct that they the said William Adamthwaite and John Burrell and the survivor of them and the Executors and Administrators of the survivor do and shall stand possessed of the money to arise by every or any such sale or sales Upon Trust in the first place to pay and discharge all my just debts funeral and testamentary expenses and the several legacies hereinbefore given and bequeathed by this my Will.  And after payment thereof then out of all the rest residue and remainder of the monies raised by such sales and sale are as to all the rest residue and remainder of my Real Estate (if any) remaining unsold after payment of the several legacies given by this my Will and fulfilling the Tursts aforesaid I give devise and bequeath the same unto and equally between by said Brother William Adamthwait and my said Nephew John Burrell their respective Executors Administrators and Assigns as Tenants in Common and not as joint Tenants.  And lastly I hereby nominate constitute and appoint my said brother Will Adamthwaite and my said nephew John Burrell Executors of this my Last Will and Testament and hereby revoking all former Will and Wills by me made I do declare this tobe my Last Will and Testament.  In Witness whereof I have to the ….. several illegible lines…..

Set my hand this twenty … day of November in the year of Our Lord one thousand eight hundred and thirty eight.

                                                                                  John Adamthwaite

 

The final page is very faint and difficult to make out but the Will appears to have been witnessed by Middleton Hewitson, solicitor of Kirkby Stephan and his clerk Robert Owen.

 

It was proved 27 June 1839 by William Adamthwaite and John Burrell, joint Executors

Effects under £450


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