Will of Thomas Yewdal 1746

Cover note

Entred
Pontefract
Exon of the Will of Thomas Yewdal late of Thornton in the
Pish of Bradford deced was granted to Jeremiah Yewdal
Thomas Yewdal Abraham Grimshaw & Benjamin Sandal
Extors.
By[Bn?] Kennet 13th Septr. 1746. 2pl.
[looks like] KK [or RR ? but probably meant to be BK]

Printed form

[handwritten text is in red italics]

Know all Men, by these presents, That We Jeremiah Yewdall of Bradford in the County of York Clothier & Thomas Yewdall of Thornton in the Parish of Bradford & County of York Clothier and John Downs of Thornton afores:d in ye County afors:d Farmer and Abrm: Grimshaw of Rawden in the County of York Clothr: & Benj: Sandal of Idle in ye County Aforsd: Clothr: do stand and are firmly bounden and obliged unto the Worshipful WILLIAM WARD Doctor of Laws, Commissary - - - of the Exchequer - - - - - - Court of the most Reverend Father in God THOMAS by Divine Providence Lord Arch-Bishop of York Primate of England and Metropolitan lawfully constituted, in the Sum of one hundred - - Pounds of good and lawful Money of Great Britain to be paid to the said Commissary, or his true and lawful Attorney, Executors, Administrators or Assigns to the which Payment well and truly to be made We bind us and each of us, jointly and severally, for and in the whole, our and every of our Heirs, Executors and Administrators, and every of them firmly by these Presents Sealed with our Seals Dated the eleventh Day of the Month of August in the Year of our Lord One Thousand Seven Hundred and Forty Six

The Condition of this Obligation is such, That if the above bounden Jeremiah Yewdal and Thomas Yewdal Sons, and Abraham Grimshaw and Benjamin Sandal Kinsmen & Executors of the last Will and Testament of Thomas Yewdal late of Thornton and the Diocese of York deceased do well and truly execute and perform the Same -

And do pay his Debts and Legacies so far as his Goods will Extend and Law shall bind Them if also They do Exibit into the Exchequer - - Court at York a true and perfect Inventory of all and singular the Goods, Rights, Credits, Cattles, and Chattels of the said Deceased, and do make a true and just Account of the Same when They shall be thereunto lawfully called. And moreover, if need require enter into further Bond, with more sufficient Sureties for the Performance of the Premises as the Judge of the said Court, for the Time being shall think requisite and needful And lastly, do save, defend, and harmless keep the above named Judge, and all his Officers, and Ministers, against all Persons by reason of the Premisses Then this present Obligation to be void, and of none Effect or else to remain in full Force and Virtue.

Sealed and Delivered in the presence of

B. Kennet.
Jeremiah Yewdall
Thomas Yewdall
Abraham Grimshaw
John Downs [the surname initial looks much more like S to me, but Kennet has later entered it as a D]
Benjamin Sandall

[NB all except for Kennet?s signature have a seal beside them]

Back of Printed Form

Jeremiah Yewdal Thomas Yewdal Abraham Grimshaw and Benj: Sandal the Executors within named and John Downs One of ye Subscribing Witnesses were Sworn before Me
B. Kennet. Snr. [Probably Vicar of Bradford]
past 13th Septr. 1746. 2ps [pages]

The Will

I Thomas Yewdall of Thornton in the Parish of Bradford and County of York Broad: Clothier; Considering the Uncertainty of this Mortal Life, and being at Present very Weak in Body, but through Mercy, of Disposing Mind and memory, Praised be Almighty God for the Same, do Make and Publish this my last Will and Testament in Manner and form following.

- ffirst I do Recommend my Soul into the Hands of Almighty God my Creator, hopeing for Eternal Redemption Through Jesus Christ my Saviour, and my Body to the Earth to be decently Buried Amongst my ffriends with whome I have Walked in Society, by my Executors whome I shall herein after Nominate;

And as Touching that Small Worldly Substance wherewith Providence has Pleased to favour me, Dispose thereof as followeth;

ffirst it is my Will- and mind that out of my Small Personal Estate, all my Just Debts, funeral Expences, and Charges about the Probate hereof, be first Paid and discharged, in Convenient time after my decease, by Jeremiah Yewdall and Thomas Yewdall my Sons, and Abraham Grimshaw of Rawden, and Benjamin Sandall of Idle my kinsmen Whome I do Nominate Constitute and hereby Appoint Joynt Executors, of this my last Will and Testament, and in Order they may be Qualified, and Enabled, Duly and ffaithfully to pay the Several Legacies and Sums of Money, and perform my Will and Mind in every respect, as is herein Mentioned and Expressed, According to the true Intent and Meaning thereof,

I give and Bequeath unto them the Said; Jeremiah Yewdall, Thomas Yewdall; Abraham Grimshaw and Benjamin Sandall, - all my Whole Personal Estate of Goods, Chattel, Chattels, Rights, Debts and Credits whatsoever, of Intent and Purpose,

And in the first Place it is my Will and Mind that they shall make an Inventory of all Such Goods, Chattels, Rights, Debts, and Credits as I may have and Leave at After my Decease and Burial (- Excepting such Goods as I hereafter Set of and Appoint for my Wife and my Daughter Alice, to have), and Also my Wearing Apparrel which I Desire my Wife to Divide Amongst my Children as Eaqually as she well can, or as she may think best)

And that they Sell and Turn the same Into ready Money as Soon after my Decease and Burial as they Conveniently may,

And I do Order and Appoint my Said Executors to Pay unto Grace Yewdall my Wife the Sum of five Pounds at the End of Two Months at after my Decease, and the further Sum of fifteen Pounds of Lawful Money of Great Brittain at the End of Twelve Months after my decease,

And I do also order them to give Unto her the Close[?] Bed Standing in the Parlour together with the Beding thereon, or Commonly therewith and also one Squab[a thick cushion] in the said parlour and one Silver Pint Used, and one Chest and a Chaire at her own Choice,

And I do order and Appoint my Said Executors to pay Unto Alice Yewdall my Daughter the Sum of five Pounds at the End of Two Months After my decease, and the further Sum of fifteen pounds of Lawful Money as aforesaid, at the End of Twelve- Months after my decease,

And I do also order them to give Unto her the Chaire in which She Usually Sits, and the Bed Stocks, Beding and Hingers there to belonging in the Parlour in which she Usually lyeth,

But if it shall happen my Said Wife Dye at After me and before the said Sum or Sums of Money become due and Payable to her as aforesaid, that then what as may remain thereof when the Charges of her Sickness Attendance and funeral Expences is reducted; and taken off, then it is my will and mind that the remainder if any be be [sic] Eaqually divided Amongst my three Daughters Namely Mary Dewhirst Wife of Thomas Dewhirst, Ellen Learoid Wife of Amos Learoid, and Alice Yewdall, or their Legall representatives if any Such be,

And Likewise if it shall happen my Said Daughter Alice Yewdall Dye at after me and before her Legacies aforesaid become due and payable [tear] my Will and [tear] that what [tear]ay remain thereof when the Charges of her Mantanance, Sickness, And funeral Expences, is reducted and taken off, be Eaqually Divided between my two Daughters Namely Mary Dewhirst and Ellen Learoid, or their Legall Representatives,

And it is my Will and Mind that my Said Executors at the End of Twelve Months After my decease do put out to Interest as Securely as they well can the Sum of five pounds of Lawful Money of Great Britain,

And that they do give the Said five pounds and the Interest thereby and therefrom Arising to Mary Yewdall the Eldest Daughter of my Son Jeremiah Yewdall; when she Shall Attain to the Age of One and Twenty Years, if she be then Living, but if she happen to Dye before she Attain to that Age, then it is my Mind that it be paid to my Son Jeremiah her ffather, and if he be not then Living to be Divided Eaqually Amongst the rest of his Children then Living;

And further it is my Will and Mind that if it happen I Dye before the Expiration of the Term of my present Lease whereby I hold my farm, That my Wife and my Daughter Alice if they or Either of them Desire it shall have the Parlour wherein the Beds before Mentioned Stands to Live in and also the Closet Adjoyning it During the Continuance of my said Lease if they or Either of them so long live, or during their Pleasure they paying Yearly and Every Year for the Same the Sum of Ten Shillings,

and I desire my Executors to Take care and pay for a Door Stead breaking out and a Door hinging on the West Side of the parlour where there has been an Oval Window; If my Wife or Daughter Alice have a mind to live there;

And it is my Will and Mind if I happen to dye before the Expiration of my Lease as aforesaid, that my Said Sons Jeremiah and Thomas Yewdall chuse Either of them a Suitable Man not Concerned in the Law, to View, Consider and Adjudge; what that part of the farm which I now Occupy (otherwise than what I have already disposed of to my Son Thomas) is worth in ready Money; over and besides paying the Yearly Rent Assesments and so forth for the then remainder of my Time or Term in it, and that my Son Thomas Shall pay Unto my Son Jeremiah within the Space of Six Months So much Money as the persons so Chosen shall Adjuge or deem the Benifit or Advantage thereof to be, and if the said Persons so Chosen- happen not to agree in their Verdicte, thereupon within the space of fourteen days after a Mutual Nomination, then the aforesaid Abraham Grimshaw and Benjamin Sandall shall Set down Determine and Deside the Matter, and their Determination to be finall herein; and when the said Thomas Yewdall have paid such Sum of Money as may be so deemed for him to pay, he shall and may at the Expiration of the Year in which I shall happen- to dye Enter to and Enjoy that part of the farm which I now Occupy with the Appurtenances, Excepting the Parlour upon the Yearly Rent as above- Mentioned;

but if it happen that my Son Thomas Dye before me, then my Son Jeremiah shall Enter to Occupy and Enjoy that part of the farm which I now Occupy as aforesaid dureing the time therein Unexpired, at the End of the Year in which I shall happen to Dye,

And further it is my Will and Mind that my Executors aforesaid, at after they have paid my Debts, funeral Expences, Charges of the probate hereof, and the Legacies or Several Sums of Money as aforesaid, and have Necessary and reasonable pay for themselves for the time Expences and Charges they may be at or put to in and about the Management of my Affairs relating hereto, Shall Eaqually Divide the remainder of the Money in their hands, Amongst my five Children, Namely Jeremiah, Mary, Thomas, Ellen and Alice, or to their Legall representatives if any such be:

And it is my Will and Mind that my Said Executors shall Each of them Sepperately be Answerable and Accountable for all the Money, Goods or Chattel, or any thing or things they receive, or which may come to their hands, belonging or in any wise Appertaining to my Said Personall Estate Untill Such times as all the Legacies Sum or Sums of Money as aforesaid be paid and Discharged, And not the one of [lost in fold or tear] Answerable or Accountable for the other;

And Now I do hereby revoke, make Void and Disanul all other Will, Wills or Testaments by me heretofore made or Caused to be made;

In Wittness Whereof I have hereunto Set my hand and Seal this Twenty fifth day of December in the Year of our Lord God According to the English Account One Thousand Seven Hundred and forty five-

Thomas X Yewdall his mark and seal

Sealed Signed and Publickly Declared by the Above Named Thomas Yewdall to be his Last Will and Testament in the Presence of us who have hereunto Subscribed our Names in the Presence of the Testator - - - -
John Downs
William Proctor
John Dewhurst

Source: findmypast - Prerogative & Exchequer Courts of York Probate Index, 1688-1858 Transcription Document reference: vol.90, f.31