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John Harrison
THIS IS THE LAST WILL
And testament if John Harrison of Masham in the County of York Esquire made of this twenty eighth day of December in the year of our lord one thousand eight hundred and seven. First I give devise and bequeath unto the Reverend Joseph Burrill of Masham, Clerk and William Morton of Shaws in the parish of Masham aforesaid Gentleman their Heirs, executors, administrators and assigns all my real and personal estate whatsoever and whosoever upon this special trust and confidence . That is to say that they my said trustees or the survivors of them or the executors or administrators of such survivors do and shall as soon as convenient after my death sell dispose and reinvest the same into money and thereout pay the expense of my funeral ( which I submit to the discretion of my sister Mary Pierson and my trustees all the debts I shall owe at my burial thereout to provide for the annuities and legacies hereinafter given and also any other pecuniary legacy or legacies which by any codicil or other writing signed or written with my own hand. I shall give an appoint to whether such codicil be attested by any witness or not and to pay assign or transfer the ultimate residue as I shall hereinafter hereinafter direct
I give and bequeath to my sister Mary the wife of Thomas Pierson of York and her assigns for and during the term of her natural life one then annuity or yearly sum of three hundred pounds to be paid and payable half yearly in two equal portions which said annuity I hereby order and direct to be sourced by my trustees as soon after my death as possible in their own names on Government Security namely in the three percent consolidated annuities and it is my will that the first half year payment of the said annuity shall be payable on the first day that the half years' dividend of the said three percent stock borrowed but that shall happen next after my demise. It is also my will and mind that the said annuity shall be paid to the proper hands of my said sister Mary Pierson or to such person or persons and for such purposes as she shall by any writing appoint to the intent that the same may be for her separate and peculiar use and benefit and I do hereby direct that receipts given by her not withstanding her covenant for the payment of the said annuity shall be sufficient discharges to my trustees and from and immediately after the demise of my said sister I order and direct that the principal stock which was secured for the payment of the said annuity or yearly sum of three hundred pounds shall sink into and be considered as part of my ultimate residue except five hundred pounds sterling part thereof which I hereby order my Trustees or Survivors of them or Executors or Administrators of such Survivor to pay to such person or persons and at such time or times as she my said sister may by her last will and testament make notwithstanding her covenant or by any writing she may execute in the presence of two readable witnesses order and direct but in default of such will or writing being so made and executed it is my mind that the sum of five hundred pounds shall also sink into and be taken as part of the Residue of my efforts I give and bequeath to Margaret Martindale widow of my late cousin Thomas Martindale and her assigns for and during the term of her natural life one then annuity or yearly sum of fifty pounds to be paid and payable half yearly the first payment whereof to begin and be made at the end of six calendar months next after my death the said annuity to be secured either on or with
Government security or such other security as my trustees and the said Margaret Martindale may agree upon and think proper I give to Elizabeth the wife of Francis Smith of Street Hanover Square London for and during the term of her natural life the interest arising from five hundred pounds sterling to be paid to her own hands whose receipts notwithstanding her covenant shall be sufficient discharges to my trustees and from and immediately after the death of the said Elizabeth Smith I give the said sum of five hundred pounds to be equally divided amongst such children of the said Elizabeth Smith as she shall leave surviving to be paid to them as they respectively attain the age of twenty one years but if any of the children of the said Elizabeth Smith should die in the lifetime of their mother leaving lawful issue them I will that the said issue shall have the parent’s share equally divided amongst them and I hereby order that my trustees may share the said five hundred pounds out on such Security and at what rate interest as they think proper and if on Government Security that they shall not be answerable for any loss that may happen by the fall in the price of the sterling value of the stock at the time of payment. I give to my servant William Smith the sum of fifty pounds I give to my servant Ann Dickson the sum of thirty pounds to be paid to them respectively (whether they be in my service or not at my death) at the end of six months after my demise. I give to John Humbley the sum of ten pounds to be paid one month after my demise. I give to the poor residing in the township of Masham aforesaid the sum of fifty pounds to be distributed within one calendar month next after my demise at the discretion of my trustees in which distribution their wants and merits shall only be considered without any distinction being made on account of their religious persuasions or professions all which aforesaid annuities and legacies I order and direct to be paid in full and clear of legacy duty except the duty on the five hundred pounds legacy bequeathed to be paid to Elizabeth Smith’s children all the rest and residue of my estate and effects of what mature of kind secure not hereinbefore disposed of. Also all such sum or sums, annuity or annuities that may lapse cease or discontinue under this my will I order and direct my trustees to pay assign or transfer
To Grace Martindale of Masham, spinster her executors, administrators or assigns which said residue and provisionary interests shall be a vested interest in her the said Grace Martindale at the time of my death and I order and direct that they my said trustees whom I hereby also nominate and appoint joint executors of this my will shall not be answerable or accountable the one for the other of them and by no means for involuntary loss and that they respectively shall and may in the first place by and out of the said trust monies deduct and retain all such logs, costs, charges and expenses as they or either of them shall respectively sustain, expend or be put to by reason of the trusts hereby in them imposed or the execution before or performance thereof . In witness whereof I have to this my last will and testament contained in this and the two preceding sheets of paper hereto annexed set my hand and seal (to wit) my hand to the bottom of each of the said preceding sheets my hand and seal to this last sheet and my seal at the top of the first of the said preceding sheets whom all the said sheets are fixed together on the day and year first within written ~ John Harrison ~
The writing contained in this and the two preceding sheets of paper hereto annexed was signed and sealed by John Harrison of Masham in the county of York, Esquire and by him published and declared as and for his last will and testament in the presence of u who as witnesses thereto have hereunto subscribed our names in his presence at his request and in the presence of each other
John Lightfoot, Masham, Innkeeper
Henry Metcalf of Masham, Groom
Mary Sadler, Masham, widow
Whereas I John Harrison of Masham have made and duly executed my last will and testament in writing bearing date the twenty eighth day of November one thousand eight hundred and seven and hereby given and bequeathed the sum of fifty pounds to my servant William Smith and of thirty pounds to my servant Ann Dickson now I so hereby revoke and make void the said legacies given and bequeathed by my said will unto the said William Smith and Ann Dickson and do ordain and declare this present writing to be a codicil to my said will and that the same shall be annexed thereto and taken as part thereof and so confirm my said will in every particular thereof that is not hereby revoked. In witness whereof I have to this codicil set my hand and seal the twenty third day of May in the year of our lord one thousand eight hundred and eight ~ John Harrison ~
Signed, sealed, declared and published by the said John Harrison as and for a codicil to be annexed to his last will and testament and to be taken as part thereof in the presence of Henry Metcalf ~ Mary Siddall her mark +
This will was proved at London with a codicil on the twenty second day of July in the year of our lord one thousand eight hundred and eight before the right honourable Sir William Wynne Knight of Laws Master Keeper of Commissary of the perogative Court of Canterbury lawfully constituted by the oaths of the Reverend Joseph Burrill, clerk and William Morton the executors named in the said will to whom administration was granted of all and singular the goods, chattels and credits of the deceased, they having been first sworn by commission duly to administer.
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