Will of Benjamin Awty - 1799

This is the Last Will and Testament   of me Benjamin Awty of Daw Green in the Township of Dewsbury and County of York Blanket Maker made and published this Twenty fourth day of March in the year of our Lord One Thousand Seven Hundred and Ninety Nine First it is my Will and Mind that all my just Debts Funeral Expenses and charges of proving and Registering this my Will be paid and discharged by my Executors hereinafter named Also I Give and bequeath unto my Eldest Son Benjamin Awty the best pair of Looms I shall happen to die possessed off when and so soon as he arrives at the Age of Twenty One Years Also I give and Devise and bequeath all my Estates both real and personal whatsoever and wheresoever and of what nature or kind soever the same consists of within the parish of Dewsbury aforesaid or else where in the County of York unto my Dear and loving Wife Elizabeth my Brother in Law Jonathan Nowell of Daw Green aforesaid Mason my good friends Joseph Wilson of Daw Green aforesaid Miller and James Wilson of Daw Green aforesaid Clothier their Heirs and Assigns for ever Upon the several Trusts nevertheless and for such intents and purposes as are here in after mentioned and declared of and concerning the same that is to say, In the first place to pay and apply the Rents Issues and Profits of my said Real Estates and the interest of my Personal Estate for and towards the Maintenance of my said Wife and for and towards the Maintenance Education and Support of my Children to wit, Benjamin, Mary Ann, Charles and Susanna during and until my Eldest Son Benjamin shall attain his age of twenty one years and when and so soon as my said Eldest Son shall attain that age Then it is my Will and Mind and I do hereby Give and Devise All that Messuage Dwellinghouse or Tenement standing and being at Daw Green aforesaid with its Eights members and appurtenances wherein I and my Family do now inhabit and dwell And also all that Close of Land Meadow or Ground lying and being in Dewsbury aforesaid with the Appurtenances called the Acre and now also in my Possession unto my said Eldest Son Benjamin To hold to him his Heirs and Assigns forever he or they paying thereout unto my said Wife Elizabeth Jonathan Nowell Joseph Wilson and James Wilson or the survivors or survivor of them or their Heirs the Legacy or Sum of Twenty Pounds, within Six Months next after he arrives at his age of Twenty One Years.

(line inserted) and also the yearly Rent of Seven Pounds until he arrives at the age of Twenty Five Years

And I do hereby charge and subject the same premises with the payment thereof accordingly Then upon this further Trust that (when and so soon as my said Son Benjamin shall attain his age of Twenty One years) or at any time sooner (at their descression) They my said Wife Elizabeth, Jonathan Nowell, Joseph Wilson and James Wilson or the survivors or survivor of them or their Heirs shall and do absolutely and forever sell and Convey all or any and every part of the residue last

Witnesses:
John Kilburn
Joseph Chadwick
Jno Haigh

Benjamin X Awty his mark

And Remainder of my Real Estates situated at Daw Green in Dewsbury aforesaid or else where in the County of York in whose Possessions Tenures or Occupations the same may happen to be to one or more Purchaser or Purchasers for the best price or prices which can reasonably be had or gotten for the same And shall and do pay and divide the Monies arising by such sale And also the money arising by my Personal Estate And the said legacy or Sum of Twenty Pounds by me charged upon the Estate devised to my said Eldest Son, Unto and amongst my Younger Children
(line inserted) as follows, To my son Charles the Legacy or Sum of Ten Pounds afterwards to
Mary Ann, Charles and Susanna, or to such of them as shall be living in equal Shares and Proportions when and as they shall severally attain the age of Twenty One Years But in case any of my said Younger Children shall happen to die before attaining that age, and without leaving Lawfull Issue of his or her or their respective Bodies or Body Then it is my Will and Mind that the Legacy or Legacies of him her or them so dying shall be paid to and equally divided amongst the survivors of all my said Children as well my Eldest Son as my said Younger Children when and as they shall severally attain the said age of Twenty One Years And in case my said Eldest Son Benjamin shall happen to die before he shall attain the age of Twenty One Years And without leaving lawfull Issue of his Body whereby the Estates above devised to him and his Heirs as aforesaid shall and may descend unto my Younger Son Then it is my Will and Mind that such Younger son shall be excluded and debarred from any share right Title or Interest in or under this my Will And that his ffortune above bequeathed to him as one of my Younger Children shall be paid to and divided equally amongst my said other Younger Children when and as they shall attain the age of Twenty One Years. Provided and I will that all and every person and persons to whom my said Trustees or the Survivor of them or their Heirs shall make any Sale or Sales of all or any part of the said Hereditaments and premises hereinbefore mentioned to be to them devised in Trust as aforesaid and the Heirs and Assigns of such purchaser and purchasers respectively shall and may upon payment of his her or their respective purchase monies to the said Trustees or any of them or the Heirs of the Survivor of them have hold and enjoy the Hereditaments and premises so by the same purchaser or Purchasers respectively to be purchased freed and discharged of and from all Claims and demands of from or by any person or persons whomsoever for or on Account of or concerning such purchase Monies or any part thereof or all or any of the said Hereditaments and premises or any Interest therein under this my will And that any receipt or receipts of the said Trustees or the Survivor of them or their Heirs under their or any of their proper hands or hand respectively to be made or given shall at all times be good and effectual discharge and discharges to such purchaser or purchasers and his

Witnesses:
John Kilburn
Joseph Chadwick
Jno Haigh

Benjamin X Awty his mark

Her and their respective Heirs Executors Administrators and Assigns against all person and persons for so much of the respective purchase Monies for which such receipt or receipts shall be given respectively And that after the giving of such receipt or receipts such purchaser or purchasers and his and their respective heirs Executors Administrators and Assigns shall be and he she and they is and are hereby acquitted and discharged of and from the same Monies respectively so as not to be answerable or accountable for any Loss Nonapplication or Misapplication thereof or of any part thereof Provided also and I will and declare that my said Trustees and the Survivor of them and their Heirs shall be paid and allowed all and for all Charges Expenses, Monies Labour Loss Costs Damages and Trouble which they and every or any of them shall and may sustain be put unto or have or cause to be paid or had in respect of in or about the Execution of the Trusts hereby in them reposed And that none of my said Trustees or his her or their respective Heirs Executors or Administrators shall be answerable or Accountable for any other or others of them or for the Receipts Acts or Defaults of any of them But every of the said Trustees and his her or their Heirs Executors and Administrators for himself, herself and themselves and his her and their own Acts and defaults only And Lastly I do hereby make Nominate Constitute and appoint my said Dear Wife Elizabeth and the said Jonathan Nowell, Joseph Wilson and James Wilson joint Executors of this my Last Will and Testament hereby revoking and making void all former wills by me at any time heretofore made In Testimony whereof I have to this my Last Will and Testament contained on three Sheets of Paper set my hand and Seal to wit, my hand to the bottom of the first and Second Sheets of Paper and my hand and Seal to this third and last Sheet of Paper the day and year first above written

Benjamin X Awty his mark (and seal)

Signed Sealed Published and declared by the said Benjamin
Awty (the Testator) as and for his last Will and Testament, in the
presence of Us, who in his presence, and at his request, and in
the presence of each other, have Subscribed our Names as Witnesses
the Interlineations and Erazuers in the first and second sheet being first made

John Kilburn
Joseph Chadwick
Jno Haigh

(On a separate sheet and in a different hand is the following)
Jonathan Nowell, of Daw Green in the Township of Dewsbury, in the County of York, Mason; Brother in Law of the Testator; Joseph Wilson, of the same place, Miller; and James Wilson also of the same place, Clothier; three of the four Executors within named, were duly sworn before me

John Taylor : Surrogate
Horbury Grange 26 Augst 1799
Passed 7th Sept 1799
Exchequer Dec und 100

(On a separate sheet and in a different hand is the following)
A Declaration instead of an Inventory of all and singular the Goods Chattels and Credits of Benjamin Awty late of Daw Green in the County of York Blanket Maker deceased, made by Jonathan Nowell Joseph Wilson and James Wilson three of the four Executors named in the Last Will and Testament of the said deceased

The said Executors declare that to the best of their knowledge and belief the said deceased?s Personal Effects at the time of his Death did not amount to the sum of --------------------------
(NB. no amount inserted on page)
Witness their Hands the 26th August 1799
Jonathan Nowell
Joseph Wilson
James Wilson