John Fretwell (c1610-c1658)
The following is the
will of John Fretwell, some time of the Rectory of Maltby, and the son of Ralph
and his second wife Dorothy (née Justis).
As will be seen from the copy of the
original document, the transcription was a challenge!
Maltby Wills-John
Fretwell-1658
In the
name of God Amen this twelfth day of May in the year of our Lord one thousand
Six hundreds and fifty eight I John Fretwell of Maltby in the County of York
Gentleman sickly and weak in body but of good and perfect remembrance The Lord’s
name be therefore praised I ordain and constitute and declare this to be my will
and testament.
First and principally I give and bequeath my soul
into the hands of the Almighty God who hath xxx and redeemed me with the most
xxx xxx of his son Jesus Christ. And my body to be buried in the Church of
Maltby.
Next I ordain and constitute and make my brother
Roger Fretwell of Bramley Grange in the parish of Braywell [Braithwell] my sole
and full Executor of this my will and testament.
Item I give and bequeath by my will all my lands
in Maltby with the xxx to my brother Roger Fretwell and his heirs which was
lately purchased of Hugh Frankland and lately the lands and xxx of Ralph
Fretwell gentleman late deceased. And also all other lands that were purchased
of Robert Cooke of Lambcote grange. And also all other lands was purchased of
xxx Edward Stanhope. Also all other lands were exchanged with Thomas West Robert
Sanderson and William Misterton called by the name of Spittle Close with xxx
thereof purchased by Ralph Fretwell and given by me by my will to my brother
Roger Fretwell and his heirs.
Item I give and bequeath by my will unto my
brother William Fretwell of Bramley Grange in the Parish of Braywell in
consideration of two hundred pounds xxx him with the interest the xxx twenty
pounds per annum out of my lands Tickhill lately purchased of George French and
Alexander French by Ralph Fretwell lately deceased. The rest of my lands in
Tickhill purchased of Colton I give and bequeath unto my brother Roger Fretwell and
his heirs my sole Executor of my will and testament.
All my goods and chattels I give and bequeath unto
my brother Roger Fretwell xxx and paying my debts and xxx xxx xxx xxx xxx.
Item I give and bequeath unto John Sanderson son
of Bridget Sanderson forty pounds to be paid when he come at the age of one and
twenty years if he so long live only consideration to be paid out of that money
for the educating of him.
Item I give and bequeath to the poor of the Parish
of Maltby ten shillings. Also I give and bequeath to the poor of the parish of
Stainton ten shillings to be paid within a year of my decease.
Item I give and bequeath unto William Fretwell
Vicar of Stainton ten shillings.
Item I give and bequeath unto Catherine Fretwell
five shillings.
Item I give and bequeath to Bonville Fretwell and
his children five pounds.
In witness whereof to those present I have set my
hand and seal the day and year above written. John Fretwell Sealed and xxx in
the presence of William Fretwell, Thomas Dawson, Jo. Dawson.
This Will was proved at London before the Judge
for probate of wills and granting Administration lawfully and authorized this
nine and twentieth day of November in the year of our Lord God one thousand six
hundred and fifty eight by the oath of Roger Fretwell the natural and lawful
brother of the said deceased and sole executor therein named. To whom
Administration of all and singular the said deceased’s goods, chattels credits was
granted and committed to xxx xxx first xxx by virtue of a xxxx xxx xxx xxx to
administer the same.
Dorothy Fretwell
While Dorothy Fretwell made her last
will and testament in Barbados in 1699, quite how and even whether she fits
into the Maltby Fretwells has not been established but, pending further
information on her background, she is included in these Maltby wills.
For reference I have
included a copy of the original document.
Maltby Wills-Dorothy Fretwell-1699.
In the name of God Amen
This twentieth one day of April in the year of our Lord Christ One and thousand
Six hundred Ninety and nine I Dorothy Fretwell of the parish of St Thomas in the
Island of Barbados aforesaid widow being sick and weak of body but of a sound
disposing mind and memory praised be God for the same and considering the
uncertainty of the time of my decease am minded and do hereby make this my last
Will and Testament in writing as followeth.
Viz my body I commit to the Earth to be buried in such manner as hereinafter is
mentioned and for all my worldly estate whatsoever and whatsoever wherewith it
hath pleased Almighty God to bless me after payment of my Debts and Funeral
Expenses I give devise bequeath and dispose thereof as herein after is
expressed.
And first I give and bequeath to the poor of the parish of St Andrews Overhills
the sum of ten pounds current money of this Island.
Item I give and bequeath to the poor of the parish of St Thomas aforesaid the
sum of ten pounds of like money willing and desiring that the said two last
mentioned legacies be paid within one month after my decease.
Item I give and bequeath to my three friends Thomas Pilgrim Thomas Clarke and
George Taylor the sum [of] fifty pound like money.
Item my mind and will and desire is that my Negro man called or named Will
Quaker do and shall have his freedom and be set and made free immediately from
and after my decease. And if any just doubt xxx impediment or objection shall
happen to arise or be made after my decease against such his hereby willed and
intended freedom that then in such case my will intent and meaning is and my
ordained desire hereby is that my Executors in trust hereafter named do and
shall out of my Estate purchase or use their best and reasonable endeavours to
purchase the freedom of the said Negro man Will Quaker. And I do hereby give
devise and bequeath unto the said Negro man Will Quaker all that one acre of
land in St Andrews parish lately by me purchased and bought of and from Thomas
Cobham and is bounded on the lands of John Waite Wm Davis and the said Thomas
Cobham.
Item I give and bequeath unto my son Ralph Fretwell the sum of five shillings
sterling in full lieu and recompense of all titles claim and demand whatsoever
which he may or can pretend to have or make by from or out of all or any my
estate whatsoever or wheresoever.
Item I give devise and bequeath unto my Grandson Thomas Woodward when he shall
come to and attain the age of one and twenty years all those five new negroes by
me lately purchased and by me leased or letton to Col Abell Alleyn. And also I
give and bequeath unto my said Grandson Thomas Woodward when he shall come to
and attain his above said age my largest silver tankards my large silver basin
and silver salt and one dozen of silver spoons and further I give and bequeath
unto him my said Grandson Thomas Woodward the sum of two hundred pounds current
money of this Island to be paid unto to him by my Executors in trust hereafter
named when he shall attain the said age of one and twenty years. I give and
bequeath unto my Granddaughter Dorothy Woodward all the rest of my table plate
and other plate to be delivered to her by my said Executors in trust at her day
of marriage or age of one and twenty years which shall first happen.
Item all that my household stuff and household goods not herein and hereby
before by me given bequeathed or disposed I give and bequeath equalled to and
amongst my three Grandchildren Thomas Woodward Dorothy Woodward and Elizabeth Woodward.
Item over and besides the above mentioned sum of fifty pounds given and
bequeathed unto the said Thomas Pilgrim Thos Clarke and George Taylor I do
hereby give and bequeath unto each of them the said Thomas Pilgrim Thos Clarke
and George Taylor the further sum of ten pounds sterling. And of this my said
last Will and Testament I do hereby make nominate and constitute and appoint the
said Thos Pilgrim Thos Clarke and George Taylor Executors in Trust and also
Guardians of the Estate of my Grandchildren Dorothy Woodward and Elizabeth
Woodward hereby desiring them to take over them the burthen of the Guardianship
of them my said two last named Grandchildren Dorothy and Elizabeth.
And my will and desire is that my body be devoutly
interred in the garden adjoining to the house wherein I now live in the said
parish of St Thomas by my said Executors and friends called Quakers.
And moreover for all the rest residue and remainder
of my Estate and interest whatsoever and wheresoever over and besides what is
herein before me already given devised bequeathed and disposed of I do hereby
give devise and bequeath order and appoint the same in manner and form and upon
the conditions following (that is to say) all the rest residue and remainder of
my Estate and interest whatsoever and wheresoever I give devise and bequeath
equally unto my said Granddaughters Dorothy Woodward and Elizabeth Woodward when
they and each of them shall come to and attain the full age of one and twenty
years or be married which shall first happen and that then she so first coming
to and attaining such age or being married shall and may have receive take and
enjoy to her own proper use advantage benefit and behooft the one full moiety or
half or part of all the said rest residue and remainder of my said Estate and
interest whatsoever so given and bequeathed unto the same in two parts equally
to be divided and that for the other of my said Granddaughters so coming to and
attaining such age or being married shall and may have receive take and enjoy to
her own proper use advantage benefit and behooft the other moiety of half part
of all the said rest residue and remainder of my said Estate and interest
whatsoever. Provided nevertheless and it is my further will true intent and
meaning hereby that if they or either of them my two Granddaughters shall happen
to be married before their or either of their said age or ages of one and twenty
years without the xxx consent and approbation of my said Executors in trust and
Guardians aforesaid and the Survivors of Survivor of them first had that then
and in such case I will and do order and appoint that she so being married
without such consent and approbation aforesaid shall have and receive only out
of my said Estate the sum of five hundred pounds sterling or current money of
this Island and no more and that the other of my said Granddaughters being
married by and with the consent and approbation of my said Executors in trust
and Guardians aforesaid had and the Survivors and Survivor of them or coming to
her aforesaid age shall and may have take receive and enjoy the whole rest
residue and remainder of all my said Estate and interest. But if both my said
Granddaughters shall be married without such consent and approbation aforesaid
that she and they so being married shall have and receive only the sum of five
hundred pounds sterling or current money of this Island apiece out of my said
Estate and interest given and bequeathed to them as aforesaid and no more. And
then all the remainder of my Estate whatsoever so undisposed of I give and
bequeath to my Grandson Thomas Woodward to be paid him at the age of one and
twenty years by my said Executors or the Survivors of them but if any of my
said Granddaughters shall happen to depart this life before her said age of one
and twenty years or marriage with such consent or approbations as aforesaid that
then she surviving shall and may have take receive and enjoy all the said rest
residue and remainder of my said Estate and interest to be undivided and if both
my said Granddaughters Dorothy and Elizabeth shall happen to depart this life
before their said several ages of one and twenty years or being married with
such consent and approbation that then my said Grandson Thomas Woodward shall
have receive take and enjoy all the said rest residue and remainder of my said
Estate and interest.
Item it is my will and desire that the plantation which was formerly the
plantation of Samuel Woodward deceased and by me now rented to Col Abell Alleyn
be by him delivered up at the end of his term in as good order and condition as
it was when he entered upon it with the same quantity of negroes and stock. And
lastly I do hereby desire and empower my said Executors in trust and Guardians
aforesaid and the Survivors and Survivor of them with my said Estate or any part
thereof hereby given and bequeathed to my Granddaughters to use all lawfull ways
and means they can for the increasing and improving the same for the interest
benefit and advantage of my said Granddaughters and according to the
appointments conditions and purposes in this my said last will and testament
mentioned and intended without being accountable for any casual or accidental
losses and damage which shall or may happen for or by reason of the Executorship
in trust as aforesaid or in and about the Execution thereof and in this my said
last Will and Testament mentioned intended or appointed.
In witness whereof I the said Dorothy
Fretwell to this my last Will and Testament have set and put my hand and seal
the day and year first above written. Dorothea Fretwell signed sealed published
and declared by the above named Dorothy Fretwell to be her last Will and
Testament in the presence of us witnesses. John Eaton (or Eston?), Robert
Holmes.
Ralph Fretwell (c1631-1701)
Ralph Fretwell of
Hellaby was baptised at Sheffield on 23 June 1631. He married Mabel Saunderson,
and they had three children, all daughters - . Dorothy, Marafe (named from
a combination of the first letters of her parents' names and who died young),
and Mabel. Ralph spent some years far removed from his Maltby origins,
living and working in Barbados. During his time in the Barbados he embraced
Quakerism, which had a strong following among the colonials. Ralph did not live
long to enjoy the fruits of his time in the West Indies, and was dead some
shortly after August 1701 when he drew up his will.
Click here for further information on the family of Ralph Fretwell.
For reference I have
included a copy of the original document.
Maltby Wills-Ralph Fretwell-1701.
In the name of God Amen
I Ralph Fretwell now resident in the Island of
Barbadoes being sick and weak in body but of sound mind and memory praised be
God for the same do hereby make this my last will and testament in manner
following.
Imprimis I bequeath my soul to God and my body to
the Earth to be devoutly buried according to the discretion of my Executors
hereafter named.
Item my will and desire is that all my just debts
be honestly paid and satisfied.
Item I give and bequeath unto my daughter Dorothy
the sum of five thousand pounds sterling and to my daughter Mabell I also give
the sum of five thousand pounds sterling to be paid unto them in the kingdom of
England immediately after my decease.
Item I give and bequeath to both of y two cozens
Ralph Fretwel and Margarett Fretwell the sum of two hundred pound sterling to be
paid unto them in the Kingdom of England immediately after my decease. And as to
what other Estate either real of personal that I shall have at the time of my
decease in the Kingdom of England or any other parts of the World I give the
same equally between my two said daughters Dorothy and Mabell and their heirs
for ever except what I here give unto my Executors hereafter named.
And lastly I do hereby nominate and appoint my
loving friends Thomas Aldam and John Stacy of the County of York in the Kingdom
of England and Robert Egerton and Robert Richards of the Island of Barbados
Executors of this my Will and of their care and trouble I give unto each of them
the sum of one hundred pounds sterling. In testimony whereof I have hereunto set
my hand and seal this ninth day of August 1701.
Ra Frettwell sealed published and declared by the
said Ralph Frettwell as his last Will and Testament in the presence of John
Legay John Mariott Joan Parsons.
Item I give and bequeath unto my loving friend
Joan Parsons of the Town of St Michaels the sum of twenty pounds sterling to be
paid unto her immediately after my decease. And it is my will and desire that
this codicil may be part of this my Will in testimony whereof I have unto set my
hand and seal the day and year above said. Ralph Fretwell sealed and published
and delivered in the presents of John Legay John Mariott Joan Parsons.
Barbados : By his Excellency
John Legay gent one of the witnesses to the within
Will and Codicil personally appeared before me and made oath on the Holy
Evangelists of Almighty God that he was the within named Ralph Frettwell now
deceased sign seal publish and declare the same to be his last Will and
Testament and that at the executing thereof he was of sound and disposing mind
and memory according to the best of this deponent’s judgement and belief and
likewise saw the said Fretwell sign seal and publish the within Codicil as part
of his said Will the aid Fretwell being then of sound mind and memory according
to his judgement and belief given under my hand this ? of day of September 1701
: R Grey.
Item : Copy attested this 8th October 1701. ? A
Skene Seery.
James Snr lived from c. 1674, and died on 5th February 1743,
aged about 69. His will was dated 15 June, 1736, witnessed by his brother
Richard Fretwell, Anne Middlebrook who was related through marriage, and
Anne Wasteneys, sister of his brother-in-law John Wasteneys. The appointed
Executors were sons James and William, and the Will was proved at York on 31
May, 1744.
Extract from the Will
1736, June 15.--Notes from the Will of JAMES
FRETWELL of Thorpe in Balne, in the parish of Barnby super Dun, Co. York,
yeoman-to my loving wife Mary F. 201. per annum out of lands after
given to my son James Fretwell, in Norton—also to her the choice of one room
in the house wherein I now dwell, and so many of the household goods and
furniture she shall make choice of—to my son James Fretwell, his heirs and
assigns, messuages &c in Norton, Smeaton, &c; one horse, the bed
wherein he lodges, and the one half of all the household furniture—to my son
William Fretwell all my right to my dwelling-house in Thorp wherein I now
dwell, and four acres of land which I hold by lease, six acres of wood called
the Hudshaw in Bramwith Co. York—to my daughter Elizabeth Fretwell 2001. to
be paid within twelve months after my decease, and the further sum of 1001.
to be paid within two years after my decease, the bed in the plaister chamber,
and one half the goods which came from Norton—to my grandson John Routh at
seven years of age—residue to sons James and William Fretwell and they
executors—Witnesses Richd. Fretwell—Ann Middlebrooke —Anne Wasteneys.
Proved at York 31st May 1744.
James Fretwell ‘The Diarist’
(1699-1772)
James was born on 22 November 1699 and died, aged 72, on 6
July 1772. With no direct heirs to benefit from his will, James divided the bulk
of his estate between his siblings and their families. His concern for the
religious upbringing of the young is reflected in his detailed instructions for
the bestowing of Bibles to the deserving youth of the parish.
Click here for further information on James the
Diarist.
This copy of the will is taken from the parish register of
Barnby Don. It was dated 31 December 1751 and witnessed by his sister Mary Routh,
and the Johns Bower Senior and Junior (most likely cousins by marriage of
his aunt Elizabeth Fretwell to John Bowers). As sole Executor, James appointed
his brother William.
IN THE NAME OF GOD, AMEN. I, JAMES FRETWELL,
late of Thorp in Balne, in the parish of Barmby upon Dunn, in the county of
York, (but now resident in Pontefract, in the said county,) yeoman, being in
perfect health of body, and of sound and perfect memory, (thanks be to God for
the same,) and calling to mind the uncertainty of this life, judge proper to
settle my temporal affairs while I have an opportunity of doing it, knowing
assuredly that there is no work, nor device, nor knowledge, nor wisdom in the
grave, whither I am going. And therefore I do make, ordain, and declare this
my last will and testament in manner and form following (that is to say).
First and principally I commend my soul into the hands of Almighty God, hoping
through the merits, death, and passion of my Saviour Jesus Christ to have full
and free pardon and forgiveness of all my sins (of which I desire, and will by
God's grace now endeavour, sincerely to repent) and inherit eternal life, and
my body I commit unto the earth, whence it was taken, desiring it may be
decently interred in the church-yard of Barmby upon Dunn aforesaid. And as
touching the disposal of my temporal estate (after returning my sincere thanks
to Almighty god, my good and bountifull Benefactor, Who blessed me with it) I
give and dispose thereof as follows: Imprimis, I will that all my just debts
be fully paid and satisfyed.
Item, I give and bequeath unto my loving
brothers Thomas Routh of Pontefract, grocer, and Michael Woodhouse of
Stubs-Walden, in the parish of Womersley, tanner, my loving kinsman, Robert
Atkinson of Hatfield-Woodhouse, in the parish of Hatfield, gentleman, all of
them in the county of York, and the constable of Thorp in Balne aforesaid, and
to their successors (to be chosen as is hereinafter directed) for ever, the
yearly annuity of five pounds of current money of Great Britain, to be paid
out of my lands in Norton, in the parish of Campsal, in the county of York, by
four equal quarterly payments, that is to say, one pound five shillings upon
the twenty fifth day of March yearly, one pound five shillings upon the twenty
fourth day of June yearly, one pound five shillings upon the twenty-ninth day
of September yearly, and one pound five shillings upon the twenty fifth day of
December yearly, without any deduction for or in respect of taxes or
assessments charged by authority of parliament, or otherwise, upon any of my
said lands in Norton aforesaid now in the tenure or occupation of Thomas
Willson or his assigns, the first payment to be made on the second of those
days which shall happen next after my decease; and if any of the said
quarterly payments shall be behind or unpaid by the space of thirty days next
after the several days appointed for payment thereof (being lawfully demanded
at the house in Norton wherein the said Thomas Willson now dwells, or in any
other place, of the person in possession) then I will that my said trustees or
their successors, or any three of them shall have full power to enter into all
or any part of the premises charged with the said annuity, and make a distress
for the said quarterly payment of one pound five shillings, or any arrears
that shall be behind or unpaid at the time of making such distress, and also
for the charges of such distress, in the same manner as the law shall direct
and allow for landlords to do in case of rent, which said annuity of five
pounds I will that my trustees before mentioned and their successors for ever
shall dispose of as is herein after directed and appointed, and to no other
use whatever. First, upon condition that the minister of the parish church of
Barmby upon Dunn aforesaid (for the time being) do yearly and every year upon
the first Lord's Day in the month of May, in the afternoon of the same day
(and without omitting the usual forenoon sermon) preach a sermon in the said
parish church upon the subject of Sanctifying the Lord's Day; and also yearly
and every year upon the first Lord's Day in June, in the afternoon of the same
day (and without omitting the usual forenoon sermon) preach a sermon in the
said parish church upon the subject of Family Religion, and particularly upon
Family Prayer.
Then I will that my trustees and their successors shall and do
yearly and every year for ever pay unto the minister of Barmby upon Dunn
aforesaid (for the time being) the sum of thirteen shillings and fourpence;
but, if the minister of Barmby upon Dunn aforesaid, for the time being, shall
refuse, neglect, or omit to preach the said two sermons, or either of them
upon the days before appointed for preaching the same, or shall not preach
upon the subjects before appointed, or shall omit the fore noon sermon on
either of those days, then I will that the said sum of thirteen shillings and
fourpence shall not be paid to the said minister of Barmby upon Dunn
aforesaid, so often as such refusal, neglect, omission, or non conformity to
this my said will shall happen, but that it shall be disposed of as is herein
after directed. Item, I will upon condition that the minister of
Campsal in the county of York (for the time being) do yearly and every year
upon the first Lord's Day in the month of September, in the afternoon of the
same day (and without omitting the usual forenoon sermon) preach a sermon in
the said parish church upon the Sanctifying the Lord's Day, and also yearly
and every year upon the first Lord's Day in the month of October, in the
afternoon of the same day, (and without omitting the usual forenoon sermon)
preach a sermon in the said parish church upon the subject of Family Religion,
and particularly Family Prayer, then I will that my trustees and their
successors shall and do yearly and every year for ever pay unto the minister
of Campsal aforesaid (for the time being) the sum of thirteen shillings and
fourpence; but if the minister of Campsal aforesaid (for the time being) shall
refuse, neglect, or omit to preach the said two sermons, or either of them,
upon the days before appointed for preaching the same, or shall not preach
upon the subjects before appointed, or omit the forenoon sermon on either of
those days, then I will that the said sum of thirteen shillings and fourpence
shall not be paid to the said minister of Campsal aforesaid, so often as such
refusal, neglect, omission, or non conformity to this my said will shall
happen, but that it shall be disposed of as hereinafter directed. And my will
is that the first of those sermons in either of the churches before mentioned
shall be preached upon the first of those days before appointed for preaching
the same which shall happen next after the day on which the first quarterly
payment shall become due to my trustees as above directed.
Item, I will
that my trustees and their successors for ever shall provide two bibles
yearly, of an octavo size, containing all the canonical books of the Old and
New Testament (and nothing more) which they shall give on the twentieth day of
June yearly to two poor children (of my poor relations, if any such apply for
them, or, if none such appear, then to two poor children) living in Thorp
aforesaid (whether legally settled or not) who are of the full age of twelve
years, and can read, and can also repeat or say, without book, these parts of
Scripture following (that is to say) the fifteenth, the one hundred and first,
and the one hundred and forty fifth psalms in prose, of the last translation
in the bible, the thirteenth chapter of Saint Paul's Epistle to the Romans,
and the thirteenth chapter of his first Epistle to the Corinthians, and the
third chapter of his Epistle to the Colossians, and the first chapter of the
general Epistle of Saint James. And my will and meaning is that if only one
child qualifyed as above mentioned shall apply to my said trustees for a
bible, it shall be given to such child; but if either one or both of the said
bibles be not disposed of as aforesaid for want of a child or children,
qualifyed as above directed, presenting themselves, that then such bible or
bibles shall be reserved untill the next year, and so from year to year untill
they shall be disposed of on the terms before mentioned. But my will is that
if one child shall receive more than one bible, if they should present
themselves at any other time afterwards. Item, all the remainder of the
said five pounds annuity, after having paid the several sums before mentioned,
upon the conditions before appointed, I will that my trustees and their
successors for ever shall apply to and for the teaching of poor children to
read English, and to instruct them in the principles of the Christian
Protestant Religion; and, in the choice of the said children I will that if
any of my poor relations offer themselves, that they shall have the preference
of any others, but if no such present themselves, then any children residing
in Thorp, whether legally settled or not; and my will is that no child shall
be taught who is under six years of age, nor shall continue to be taught above
three years: and as the children are to be chosen by my said trustees and
their successors, so I will that they may be removed by them before the
expiration of three years (if they shall see good reason for so doing) and
others put in their stead. And if the ministers before mentioned, or either of
them, do not perform the condition before mentioned to entitle them to the
said sums mentioned to be paid unto them, or if there be not bibles bought
yearly as aforesaid, then I will that all such sums remaining in the hands of
my said trustees, or their successor shall be applyed to and for the teaching
of poor children to read English as is before appointed. And, to the end that
all persons concerned may be satisfyed how the before bequeathed annuity
disposed of, I will that the constable of Thorp in Balne aforesaid for the
time being, who is one of my trustees, shall keep or cause a account to be
kept in the town's book how the said annuity of five pounds is disposed of; or
what children have been put to school, the time when, and also when dismissed,
what bibles have been bought and to whom given, and the time when: whether the
minister before mentioned, or either of them, have performed the conditions by
which they are entitled to the sums before mentioned, and have been paid
accordingly, or else have been applyed to the use before mentioned. And my
will further is that upon the death of any of my trustees as before mentioned,
or their successors, or in case of their refusing to act therein (except it be
the constable of Thorp in Balne aforesaid) the surviving trustees shall choose
another in the stead or place of such person so dead or refusing to act as
aforesaid. And lastly, I desire that this paragraph of my last will and
testament relating to the several charitable bequests before mentioned may be
transcribed into the town's book of Thorp aforesaid, and also into the parish
register of Barmby upon Dunn aforesaid. And as it was from a principle of
Christian love that I have made this small provision for the benefit of my
poor Christian brethren, so I desire and hope that my trustees and their
successors will, from the said benevolent principles, see that it be employed
to the uses designed by me: and, for their encouragement in so doing, they
have the best assurance of being requited by Him from whom every man shall
receive his own reward, according to his own labour: and I pray God to give a
blessing to this small beginning, and to raise up benefactors to this poor
village who are of abilities and dispositions to do more than is in my power
to do for it.
Item, I give and bequeath unto my sister Mary Routh the
sum of three hundred pounds, to be paid by three equal payments, the first
whereof to be made within twelve months after my decease, the second within
two years, and the third within three years after my decease.
Item, I
give and bequeath unto my sister Elizabeth Woodhouse the sum of two hundred
pounds, to be paid within two years after my decease.
Item, I give and
bequeath unto my brother William Fretwell his heirs and assigns for ever, all
my houses, lands, tenements, and hereditaments whatsoever, lying and being in
the township of Norton aforesaid, and in the township of Kirk-Smeaton, in the
county of York, lie and they paying the annuity of five pounds per annum
before charged upon my estate in Norton, according to the true design and
intent of this my last will and testament. All the rest and residue of my
personal estate, goods, and chattles whatsoever I do give and bequeath unto my
loving brother William Fretwell, whom I do hereby constitute full and sole
executor of this my last will and testament. And I do hereby revoke, disannul,
and make void all former wills and testament by me heretofore made. In witness
whereof I the said James Fretwell to this my last will and testament, being
contained in three sheets of paper, have set my hand at the foot or bottom of
the two former sheets, and to this have put my hand and seal, this
thirty-first day of December, in the twenty-fifth year of the reign of our
Sovereign Lord George the Second, by the Grace of God King of Great Britain,
France, and Ireland, Defender of the Faith, and so forth, and in the year of
our Lord One thousand seven hundred and fifty-one.
JAMES FRETWELL (L.S.)
Signed, sealed, published and declared by
the testator to be his last will and testament, in whose presence and at whose
request we have hereunto subscribed our names as witnesses to the execution
hereof.
JOHN BOWER
MARY ROUTH
JOHN BOWER, junr
William Hoyle (c1742-1807)
William Hoyle was
baptised on 22nd August 1742, a son of Nathan and Judith Hoyle (née Fearnley).
At the age of 25, on the 8th January 1767 William Hoyle married Barbara
Redfearne at Saint Peter’s Cathedral, Sheffield. Barbara, who had been baptised
in the same Cathedral on 26th February 1746, was a daughter of John Redfearne
and his wife Barbara (née Fretwell). The Redfearne family lived at Netherthorpe
House, Meadow Street, Sheffield, and John, an Attorney, had established a
successful practice. Perhaps it was with the Redfearne legal firm that William
Hoyle acquired his training, because he too was to become a highly regarded
solicitor, including in his ‘portfolio’ his appointment as clerk to the Cutlers
Company in Sheffield.
Five children were
born to William and Barbara, of whom the first, Elizabeth, did not reach her
first birthday. Following the death of Barbara, William married Sarah
Cutforthay, widow of Robert Cutforthay. There were no children from his second
marriage. (Click here for
further information on William Hoyle and his descendents).
In 1806 William
Hoyle had drawn up his last Will and Testament. I am having some difficulty in
transcribing the document and, while more deciphering work needs to be done
(denoted by the frequent use of the letter X), I have included the
transcription in its current state as it reveals much of William’s business
dealings, his real estate holdings and personal property, and his intentions as
to how the sole Executor, his son William Hoyle, was to administer the estate
and the bequests to various family members.
To get a sense of
the approximate value of William Hoyle’s estate, £1 in 1810 would have had the
same spending worth as £33.96 in 2010 terms. To assist with making sense of the
document I have divided the transcription into paragraphs.
For reference I have included a
copy of the original document.
Maltby
Wills-William Hoyle-1806.
This is the last Will and Testament of Mr William Hoyle late of Sheffield in
the County of York but now of Aughton in the parish of Aston in the said County
Gentleman made this thirtieth day of January in the year of our Lord one
thousand eight hundred and six in manner following.
That is to say
I do give and devise unto my Son William Hoyle and to my Friend Thomas Evans
the younger of Dore House in the parish of Handsworth in the county of York
Gentleman their heirs and assigns all and every my Messuages Mills(?) Farms
Lands Tenements XXX and appurtenances situate and being at Hooton Levet in the
parish of Maltby in the county of York and also my copyhold close or parcel(?)
of land situate and being within the Manor of Slade Hooton in the parish of
Laughton in Le Morthen in the said county of York to hold(?) to them the said
William Hoyle and Thomas Ward their heirs and assigns for ever in trust
nonetheless as(?) to the Estate of the said Thomas Ward and his Heirs to and
for the use and behoof of my said Son William Hoyle his heirs and assigns
forever.
Also I do give and devise unto my son John Hoyle and the said Thomas Ward the
younger their heirs and assigns forever all my Messuages and Lands called
Kitson’s Lands otherwise Netherthorpe situate and being within the Township of
Sheffield aforesaid late in the occupation of myself Mr George Newton John XXX
and John Finningley and also the Close and Lands there lately purchased by me
of the trustees of XXX the Duke of Norfolk with their and every of their
apperts (appurtenances?) and also all the Land and Grounds in Sheffield
aforesaid which I purchased of William WallXXX with all the buildings XXX
thereon and all the Rents XXX made payable out of the same now set out into
streets and called Marton(?) Street and Well Street and also that part of the
said(?) Land which I purchased of Samuel Glossop with all the houses and
buildings which have been made thereon and also all that Messuage or dwelling
house with all the workshops Buildings vacant Ground and appurtenances
thereunto belonging situate opposite the Angel Inn in Sheffield aforesaid
lately rented and held(?) of me by Mr George XXX and his XXX copartners and now
in the occupation of Mr John Onslow(?) to hold to them the said John Hoyle and
Thomas Ward their heirs or assigns for ever in Trust nevertheless as to the
Estate of said Thomas Ward his Heirs or assigns to and for the use and behoof
of my said son John Hoyle his heirs and assignees for ever.
Also I do give and bequeath to my said son John Hoyle his Executors and Admons
my two pews in the Church or Chapel of St James in Sheffield for all my term
and Interest therein.
Also I give and bequeath to my said sons William Hoyle and John Hoyle their
Executors and Admons the sum of seven thousand Capital Stock now vested in me
in the XXX XXX Consolidated annuities transferrable out(?) the Bank of England
which produce dividends payable half yearly to the amount of two hundred and
ten pounds per annum in Trust to XXX the said Dividends from time to time as
they should become due and to pay one moiety or half part of them into the
hands of my Daughter Barbara the wife of Samuel Fisher for and during the term
of her natural life for her own sole and separate use not subject to the
control or direction of her husband nor liable to the payment of his Debts or
engagements and her receipt alone not withstanding her coverture shall be a
good discharge for the same and from and after her decease to sell and dispose
of one moiety or half part of the said Stock (viz) three thousand five hundred
pounds thereof and divide the money arising therefrom amongst all the children
of my said daughter Barbara which shall be then living share and share alike
provided such children shall have attained the age of twenty one years but if
not of that age then in Trust to pay and apply the Dividends of the said moiety
or to make sale of so much of the said moiety of Stock as they my said Sons or
the Survivor of them his Executors or Admons shall think fit and apply the
money thereby arising in and about the maintenance education and putting out
apprentice or otherwise for the benefit of the said children and all the
residue of the money to arise from the sale of the remainder of the said moiety
to pay to such of the said children as shall live to attain the said age but in
case all the said children shall happen to die before they attain the said age
then I direct my said Sons to retain and keep the Residue of the said moiety of
the said Stock to their own use on further Trust that they my said Sons their
Executors and Admons do and shall pay the other moiety or half part of the
said Dividends of the said Seven Thousand pounds Capital Stock into the hands
of my daughter Hannah the wife of John Bullock for and during the term of her
natural life for her own and sole and separate use not subject to the control
or direction of her husband nor liable to the payment of any of his debts or
engagements and her receipt alone not withstanding her Coverture shall be a
good discharge for the same from and after the decease of my said daughter
Hannah to sell and dispose of the said other moiety or half part of the said
Stock and divide the money arising therefrom among all the children of my said
Daughter Hannah which shall be then living share and share alike provided such
children shall have attained the age of twenty one years but if not of that age
then in Trust to pay and apply the Dividends of the said last mentioned moiety
or to make sale of so much of the said moiety of Stock as they my said Sons or
the Survivor of them his Executors or Admons shall think fit and apply the
money thereby arising in and about the maintenance and education and putting
out apprentice or otherwise for the benefit of the said children and all the
Residue of the money to arise from the sale of the Remainder of the said Moiety
to pay to such of the said children as shall live to attain the said age but in
case all the said children shall happen to die before they attain the said age
then I direct my said sons to retain and keep the Residue of the said moiety of
the said Stock to their own use and I so will and direct that no part of the
said moiety of the Dividends of the said Stock shall be paid to my said
Daughter Hannah or her children until her husband the said John Bullock shall
have XXX with and paid to my Executor or given him satisfactory Security for
the sum of one thousand pounds now owing from the said John Bullock from rent
on his Bond and Mortgage XXX one half of all the interest arrear(?) and due for
the same .
And I so authorise and direct my said Sons their Executors and Admons to deduct
and retain out of the money arising from the sale of the said Stock and the
Dividends thereof all such Costs Charges and Expenses as they or either of them
shall from time to time be put to in or about the Execution of the Trust hereby
XXX in them and in any wise concerning the same and that they shall not be
answerable one for the other nor for any loss or losses without their wilful
default.
And whereas on or about the fourth day of February in the year of our Lord one
thousand eight hundred and two I married and took to wife Sarah Cutforthay of
Aughton aforesaid widow and previous to our marriage I did settle a messuage
and lands by me then lately purchased situate in Aughton aforesaid for the use
of myself for life then to her my said wife for her jointure and in lieu of
Dower out of all my Estate with Remainder to my right heirs and she did also
settle and convey a Messuage and Lands and all her Estate in Aughton aforesaid
to the use of me for my life and then for her life with Remainder to my right
heirs and she did also transfer to me and my Heirs two of the one hundred and
fifty shares in the undertaking of the Navigation of the River Dun above and
below XXX XXX to me and my Heirs in Trust for her until the solemnization of
our marriage and from and after the solemnization thereof to the use of me and
my Heirs for ever.
And I did covenant and agree that in case she survived me my Heirs Executors
and Admons should pay and allow to her during her natural life all the
Dividends and profits which after my decease should arise from the said two
shares and I did also agree that I or my Heirs and Executors should pay such
sum or sums of Money not exceeding in the whole the sum of five hundred pounds
unto such person and persons and in such parts shares and proportions as she
should by her Will direct appoint give or bequeath the same to be paid at the
end of six months next after my decease provided that She my said Wife should
die in my life time.
Now I the said William Hoyle do hereby Confirm the settlement so made on my
said wife and I do give and bequeath to her my said wife the sum of one hundred
pounds to be paid to her within one month after my decease also her gold watch
and the jewels or ornaments of her person and all the wine and other liquors in
my House at Aughton at the time of my decease
And I do give and bequeath to my said Son William Hoyle his Executors and
Admons the Household Goods Furniture China plate and Book Cases in the Library
Linen Farming Utensils Cattle and Sheep at Aughton and all the Corn and Hay and
growing Crop upon the farm there in Trust to permit my said wife to have the
use of the same (except that China plate and Furniture which I brought from
Sheffield and my Desks Books and Book Cases with Deeds XXX which I intend my
said son to take immediately) for and during the time of her natural life if
she XXX continue the possession of the House and Farm at Aughton She leaving
the same of equal value at the time of her decease and at her decease I direct
my Son William to give and deliver to my Son John the Silver plate and China I
brought from Sheffield.
And subject to the life(?) estate of my said wife and the Legacies Charged on
the Land given to her by the Will of the late Mr Cutforthay I so give and
devise to my said Son William Hoyle his Heirs and Assigns for ever all and
every my Messuages Lands Tenements and Hereditaments situate in Aughton and the
parish of Aston aforesaid with the three pews in the Church of Aston and all
other the appurtenances belonging to the same XXX my said Son William paying
the said five hundred pounds or so much thereof as my said wife shall by her
will dispose of six months after her decease.
And I do give and devise to my said Son William Hoyle his Heirs and Assigns for
ever one of the one hundred and fifty of the undertaking of the navigation of
the River Dun he paying the Dividends and Profits thereof as the same shall be
received to my said wife during her natural life And I so give and devise to my
said Son John Hoyle his Heirs and Assigns for ever my other of the one hundred
and fifty shares of the said undertaking of the navigation of the River Dun he
also paying the Dividends and Profits thereof as the same shall be received to
my said wife during her natural life and in case my said Sons shall neglect to
pay the said Dividends within fourteen days after receiving the same I do
empower my wife to receive the same from the Treasurer of the said Navigation
in future during her natural life.
And I so will and direct my said Son William Hoyle His Executors or Admons to
pay to my said wife the Interest of two thousand and eight hundred pounds owing
to me from Mr William Wasteneys of Rotherham on mortgage of his Estate there
during her natural life and the same shall be received from him or from any
other Security for that Money if necessary to be called in and placed(?) out again
and that that money of the Legacies then payable by the will of the late Mr
Robert Cutforthay and that the Remainder be made up by my said Son William out
of the Residue of my personal Estate but in case my said wife shall not conform
to and confirm this my Will in every respect then I do revoke the Direction for
payment of five hundred pounds or so much thereof as she shall dispose of by
her Will at the end of six months after her decease and also the Direction for
payment of the Interest to her of the said two thousand and eight hundred
pounds owing to me on Mr Wasteney’s Mortgage during her life and I will and
direct that those Directions shall become null and void and my said Son William
shall apply the said five hundred pounds and the Interest of the said two
thousand and eight hundred pounds in making good any deficiency or loss my
Legatees(?) or any of them may sustain by or through the Interest or XXX of my
wife or her refusal or neglect to confirm my intentions.
Also I do give and bequeath to my Son John Hoyle the sum of nine hundred and
fifty pounds principal and interest owing to me upon Mortgage and Bond from
John Lewis(?) of Sheffield aforesaid Cutler and all the Interest in arrear
thereon and direct my Executor to take all necessary steps for recovery thereof.
And whereas I am entitled in right of my said wife to six Shares in the Dearn and
Dove Canal Navigation and two Shares in the Stainforth and Keadby Canal
Navigation to which I have paid a great sum of money towards the making of the
said navigation and I do intend to transfer the said Shares to my said Son
William Hoyle to hold to him his Executors and Admons in Trust for me or as I
shall direct but in case I should omit to make the said Transfers I do hereby
desire and direct my said wife to make the same after my decease as soon as
possible so that they may go as follows viz
I do give and bequeath two Shares No 193, 194 in the said Dearn and Dove Canal
navigation to my said Son William Hoyle his Executors and Admons for his own
use two other Shares No 195, 528 in the same Canal to my Son John Hoyle his
Executors and Admons one Share No 529 in the same Canal to my said Son William
Hoyle his Executors and Administrators in Trust for the sole use and benefit of
my Daughter Barbara and the Share No 530 in the same Canal to my said Son
William his Executors and Admons in Trust for the sole use and benefit of my
Daughter Hannah the profit to be paid them respectively for life and the Shares
at their decease transferred as they shall by their respective Wills direct and
the said Shares in the Stainforth and Keadby Canal one Share No 64 shall be
vested in my said Son William in Trust for my Grandson Samuel Fisher his
Executors and Admons to be transferred to him when of age and one other Share
No 65 shall be vested in my said son William in Trust for my Grandson John
Swan[n] Bullock his Executors and Admons to be transferred to him when of age.
Also I do give and devise unto my Sister Nancy Fisher of the City of York Widow
her Heirs and Assigns for ever all my part and share of the Manor of Guiseley
in the County of York and all my Messuages Lands and Hereditaments there
situate with each and every of their appurtenances to hold for her my said
Sister her Heirs and Assigns for ever not doubting that in the disposal thereof
she will pay regard and attention to her Daughter late Mary Fisher now the wife
of Matthew Blenkarn.
Also I do so give and bequeath to my Daughters Barbara and Hannah the sum of
twenty pounds each for their own sole and separate use to be paid into their
hands by my Executors within one month after my decease and their own use to
XXX XXX a good discharge for the same.
Also I do give and bequeath to the children of my Daughter Barbara (except
Samuel to whom I have given a share of the Stainforth and Keadby Canal) the sum
of fifty pounds each when and as they shall severally attain their respective
ages of twenty one years and to the children of my Daughter Hannah (except for
John Swan[n] the Eldest to whom I have given also a share of the Stainforth and
Keadby Canal) the sum of fifty pounds each when and as they shall severally
attain their respective ages of twenty one years but in case any of the said
children shall happen to die before he or she shall attain the said age I so
direct that the Legacy of him her or them so dying shall merge and sink into my
personal Estate and not be payable.
Also I do give to my said Sister Nancy Fisher ten Guineas for XXX for herself
and her Daughter.
Also I do give and bequeath to my late wife’s Sister Elizabeth Doughty and her
Daughters Margaret and Barbara the sum of twenty pounds each to be paid within
twelve months after my decease.
Also I do so give to my friend Mr Thomas Ward the younger two guineas for a
Ring.
Also I do give and bequeath to the Trustees of the General Infirmary in
Sheffield the Sum of ten pounds to the Trustees of the Charity School for poor
boys in Sheffield ten pounds and the like sum of ten pounds to the Trustees of
the Charity School for poor Girls in Sheffield to be paid to the respective
Treasurers for the benefit of the said several Charities.
All the Rest Residue and Remainder of my Goods Chattels Money out at Interest
and all other my personal Estate and Effects whatsoever and wheresoever after
payment of my Just Debts Legacies and Funeral Expenses and the expenses of
proving and registering this my Will I do give and bequeath to my Son William
Hoyle his Executors and Admons for his and their own use and do hereby make
ordain constitute and appoint him my said Son William Hoyle Sole Executor of
this my Will hereby revoking all former Wills by me made.
In witness whereof I the said William Hoyle the Testator have to this my Will
contained in seven sheets of paper put my hand and Seal (that is to say) my
hand to the bottom of the first six sheets thereof and my hand and Seal to the
seventh or last Sheet thereof the day and year first within written – W Hoyle
(XX) – Signed Sealed Published and Declared by the said William Hoyle the
Testator as and for his last Will and Testament In the presence of us who have
hereunto subscribed our names as witnesses at his request in his presence and
in the presence of each other – Henry Watkins Thos Wright John Batty junr.
THIS WILL was proved at London the seventh day of October in the year of our
Lord one thousand eight hundred and seven before the Right Honorable Sir
William Wynne Knight Doctor of Laws Master Keeper or Commissary of the
prerogative Court of Canterbury lawfully so constituted by the Oath of William
Hoyle the Son of the deceased and the sole Executor named in the said Will to
whom administration of all and Singular the Goods Chattels and Credits of the
said deceased was granted he having been first sworn (by Commission) duly to
administer.
William Hoyle (1773-1847)
William, the elder son of William Hoyle and his first wife Barbara (née
Redfearn) was born on 11th July 1773. As the then Attorney and Gent, and
later to be ‘of Hooton Levitt and Aughton Hall’, at the age of 26 William
married Mary Johnson, daughter of George Johnson of Retford,
Nottinghamshire, on 16th August 1798, at Sutton by East Retford, Nottingham.
Within twelve years they had produced six children - 3 daughters and 3 sons
- all of whom were baptised at Maltby, Rotherham. Catherine, the eldest
daughter who married Francis Parker, and Nathan, the youngest son, predeceased their father William who
died at the age of 74 on 8th December 1847. His last Will and Testament,
drawn up on 2nd March 1847, and proved in London on 9th September 1848,
makes for interesting reading.
Click here for further information on William Hoyle and his descendents.
For reference I have included a
copy of the original document.
Maltby Wills-William Hoyle-1848
This is the last Will and Testament of me,
William Hoyle of Hooton Levet in the parish of Maltby in the County
of York, Gentleman, made this second day of March one thousand eight hundred
and forty seven.
I give and devise my messuages, tenancies, lands and real estate called
Hooton Levet, situate in the
Parishes of Maltby and Aughton-en-le-Morthen in that said county, and also
my pews in Maltby Church with
the rights and appurtenances therein to belonging, unto my son William
Fretwell Hoyle, his heirs and
assignees for ever.
I also give, devise and bequeath unto my said son William Fretwell Hoyle,
his heirs, administrators and
assignees, one of my shares in the River Dun Navigation and my two shares
numbered 167 and 168 in the
Dearne and Dove Canal Navigation.
And I give, devise and bequeath unto my son Robert Cutforthay Hoyle, his
heirs, executors, administrators
and assignees, one other share in the River Dun Navigation and two shares
numbered 193 and 194 in the
Dearne and Dove Navigation, and also the sum of five thousand pounds to be
paid to him by my executors
hereinafter named at the expiration of twelve months after my decease.
I also give and bequeath unto my daughter Judith, the wife of John Hall of
Kiveton Park, and to her
executors, administrators and assignees, to and for her own absolute use and
disposal, one share numbered
370 in the Dearne and Dove Canal. I also forgive to the said John Hall the
principal sum of one thousand and
five hundred pounds, which he stands indebted to me, and do hereby direct
the trustees of this my will at his
requests, costs and charges to release to him the securities which I hold
for that sum.
I also give, devise and bequeath unto my daughter Mary, her heirs,
executors, administrators and assignees,
my one other share in the River Dun Navigation and the share numbered 371 in
the Dearne and Dove Canal.
I also give and bequeath all my household furniture, linen, china, cattle,
crops and farming utensils in and
upon my premises at Hooton Levet unto my said son William Fretwell Hoyle,
his executors and
administrators.
And as to all my moneys, securities for money, and other my real and
personal estate and effects,
whatsoever and wheresoever belonging to me at the time of my decease, I give
and bequeath the same unto
my said son William Fretwell Hoyle and John Clarke of Hellaby Hall, farmer,
their heirs, executors,
administrators and assignees, according to the nature thereof respectively,
upon trust to sell, dispose of and
convert into money such part of my estate and effects as shall not consist
of money, and to call in and
compel payment of all securities and monies owing to me, and to pay
thereout, at the expiration of twelve
months after my decease, to my son in law, Francis Parker, the sum of one
hundred pounds, and to the said
John Clarke the sum of one hundred pounds, and then to lay out and invest
the sum of three thousand six
hundred and fifty pounds, with full power to vary and change that security,
whereon the same may be
invested as and when they or the survivor of them shall deem requisite, and
pay the interest and accrual
income thereof to my daughter Judith during the term of her natural life,
for her own use and so that the
same shall not be subject to the debts or control of her present or any
future husband, and so that she may
not assign or anticipate the accruing payment thereof, and that her receipt
alone, notwithstanding her
coverture, shall be sufficient discharge for the same, and from and after
the decease of my said daughter
Judith upon further trust, and I give and bequeath the said sum of three
thousand six hundred and fifty
pounds unto all and every, or such one or so many, the children of my said
daughter Judith, and in such
parts and proportions as my said daughter shall, by any deed or writing or
by her last Will and Testament
legally executed, direct or appoint the same.
And, in default of such direction or appointment, unto all and every of the
children of my said daughter Judith,
who shall live to attain the age of twenty one years, share and share alike,
such shares to be paid to them on
attaining that age, and the interest thereof, after the decease of my said
daughter, to accumulate till
payment, and then to lay out and invest the further sum of two thousand six
hundred and fifty pounds, upon
the like terms and subject to the like provisions, in favor of my said
daughter Mary and her children and, in
default of children, to such person or persons, and in such parts, shares
and proportions as my said daughter
Mary shall by her last Will and Testament direct.
And, subject to such legacies, and payment of my just debts and funeral
expenses, I give, devise and
bequeath the residue of my said trust monies, estate and effects unto my
said son William Fretwell Hoyle, his
heirs, executors, administrators and assignees for his own use and benefit.
And in case any of my said children shall die in my lifetime, leaving lawful
issue, such issue shall be entitled
to the portion of share and other the estate and interest devised and
bequeathed to his, her or their
deceased parent or parents.
And I devise all estates vested in me as mortgaged to the said William
Fretwell Hoyle and John Clarke, and
the survivor of them, and the heirs and assignees of such survivor, subject
to the trusts and equities affecting
the same.
I nominate, constitute and appoint my said son William Fretwell Hoyle and
the said John Clarke joint trustees
and executors of this my will and hereby declare that the receipt of them,
or either of them, shall be an
effectual discharge to all persons whomsoever for any money payable to them
under this my will, and shall
exonerate the person or persons to whom the same shall be given from all
responsibility as to the application
of the money thereby expressed to be received, and also that the receipts of
my said daughters Judith and
Mary shall, notwithstanding their covertures, be an effectual discharge to
my said trustees for all monies
payable to them under this my will.
Also that my said trustees shall and may, out of the said trust estate, pay
and discharge all such costs,
charges and expenses as they shall severally expend, or be put unto, and all
reasonable charges for loss of
time employed in or about the execution of the trusts hereby in them
reposed.
And I authorize and empower my said trustees, in their discretion, to
advance and apply any part of the said
trust monies, or the interest thereof, to which any of my grandchildren
shall, during his or her minority be
presumptively entitled, for and towards his or her or their maintenance,
education, putting out apprenticeship
or marriage portion as my said trustees may think advisable.
And also that my said trustees and executors shall be charged and
rechargable only with such money as
they shall severally actually receive, and shall not be answerable for
involuntary losses, or for the acts or
defaults of each other, but each of them for his own acts deeds and defaults
only.
And I hereby declare that if either of them, the said William Fretwell Hoyle
or John Clarke, or any Trustee to
be appointed under this clause, shall depart this life, or be unwilling to
execute the trusts of this my Will, it
shall be lawful for the surviving or continuing trustee, or the executors or
administrators of such surviving or
continuing trustee, with the concurrence of my said daughters, or such of
them as shall be then living, to
substitute by any writing under their hands or hand any person or persons,
in whom, alone or as the case
may be jointly, with my surviving or continuing trustee my trust estate
shall be vested upon the trusts herein
expressed.
And I revoke all other wills by me heretofore made. In witness whereof I
have to the three first sheets of this
my last Will and Testament contained in four sheets of paper set my hand and
to this fourth and last sheet
thereof my hand and seal – W Hoyle – (L F) Signed, sealed, published and
declared by the said Testator
William Hoyle as and for his last Will and Testament in the presence of us,
who present at the same time at
his request, and in the presence of each other, have hereunto subscribed our
names as witnesses - Chas
Tinsley of Rotherham – Hy Cattle of Rotherham – Thos Sharpe d[itt]o.
The Will of William Hoyle late of Hooton Levet in the parish of Maltby in
the County of York Gentleman
deceased was proved at York the twenty eighth day of March in the year of
our Lord one thousand eight
hundred and forty eight before the Reverend Richard Bosley(?) Clerk
Surrogate of the Right Worshipful
Granville Harcourt Vernon Master of Arts, Commissary and Keeper General of
the Exchequer and
Prerogative Court of York lawfully constituted by the oaths of William
Fretwell Hoyle, the son, and John
Clarke the joint executors therein named to whom Administration was granted
of all and singular the goods,
chattels and credits of the said William Hoyle deceased they having been first
sworn only to administer. Joseph
Buckle Deputy Registrar.
PROVED at London 9th Sept 1848 before the Judge by oath of William Fretwell
Hoyle the son out of the
executors to whom Admon was granted having been first sworn by Comon duly to
administer power reserved
of making, the like grant to John Clarke the other executor when he shall
apply for the same.
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