In the Name of God Amen. I Joseph Midgley of East Keswick in the County of York Farmer being of sound and disposing mind memory and understanding Do this second day of July in the Year of our Lord one thousand eight hundred and seven make publish and declare my last will and testament in manner following /that is to say/ I Give and Devise unto my son John Midgley all that my messuage or homestead called the Upper House situate and being in East Keswick aforesaid with the homestead barns and other outbuildings and orchard belonging thereto containing by estimation one acre one rood and twenty-five perches (be the same more or less) and also all those several closes pieces or parcels of arable meadow and pasture land or ground situate and being at East Keswick aforesaid or within the Liberties Precincts or Territories thereof commonly called or known by the several names and containing the several quantities hereinafter mentioned the same respectively more or less (that is to say) The Long Close and Little Close six acres and thirty nine perches the cleve closes nine acres and three roods, the Elliker and Bankhead Closes Five acres and sixteen perches the West Field Close four acres two roods and twenty five perches and Five acres and three perches of land ground lying and being on the common of East Keswick aforesaid on the Upper side of the Road leading from East Keswick aforesaid towards Harewood in the said County of by what other name or names soever be any of them now are or at any time heretofore have been commonly called or known and now in the occupation of my said son John To hold the said messuage or tenement outbuildings orchard several closes pieces or parcels of land or ground with the hereditaments and appurtenances to the same respectively belonging or appertaining unto the said John Midgley his heirs and assigns for ever Subject nevertheless to and I do hereby accordingly charge and make chargeable the said estates hereditaments and premises hereuntofore devised unto my said son John and also my said son John to and with the payment of the several legacies and annuity hereinafter given unto my sons Joseph and Robert and my daughter Margaret the wife of William Marston and my wife Mary (that is to say) I Give and Bequeath unto my said son Joseph Two hundred pounds Unto my said son Robert Two hundred pounds and unto my said daughter Margaret One hundred and twenty pounds to be paid unto them respectively by my said son John within twelve months after my decease and I also give devise and bequeath unto my said wife and her assigns during the term of her natural life one annuity yearly rent charge or sum of twelve pounds to be paid unto her by my said son John by two equal half yearly payments on or at the days or times hereinafter mentioned (that is to say) the twenty fifth day of March and the twentyninth day of September free from all sorts or kind of deductions whatsoever the first half yearly payment of the said annual sum of Twelve pounds to be made on such of those days which shall happen next after my decease But if it shall happen that the said yearly rent or annual sum of twelve pounds or any part thereof shall be in arrear and unpaid for the space of twenty one days next after any of the said days or times whereon the same ought to be paid then and at any time or times thereafter when and as often as the same shall happen it may and shall be lawful to and for my said wife into and upon the said messuage lands tenements and hereditaments out of which the said yearly rent or annual sum of twelve pounds is to be issuing and payable as aforesaid or into or upon any part or parts thereof to enter distrain(?) for the said annual sum of twelve pounds or so much thereof as shall be in arrear and unpaid and the distress and distresses then and there found to lead drive carry away and impound and in pound to detain and keep until the said annual sum of Twelve pounds and all arrears thereof together with all costs and expenses relating to or attending the said distress or distresses shall be fully satisfied and paid and in default thereof in due time after such distress or distresses shall be so taken to sell and dispose of the same or otherwise to act therein according to Law in like manner as in distresses taken for rent reserved by Lease or common dimise to the end that she my said wife may be fully paid and satisfied the said annual sum of Twelve pounds and all arrears together with all costs and charges relating to or attending the recovering or obtaining payment of the same I give and devise unto my son William Midgley All that my messuage or tenement with the outbuildings thereto belonging or appertaining called the Lower Homestead situate in East Keswick aforesaid with one undivided property? or equal half part of the Foldstead and Garth adjoining and belonging thereto on the north side of the said fold and also all those several closes pieces or parcels of arable meadow and pasture land or ground situate and being at East Keswick aforesaid or within the Liberties Precincts or Territories thereof commonly called or distinguished by the several names and containing the several quantities hereinafter mentioned (be the same respectively more or less) that is to say) The close called the Bank containing three acres three roods and twenty one perches The Little Beck Close and the larger Beck close containing four acres and two roods The Maw Close four acres and ten perches Thursday Close three acres three roods and seventeen perches An allotment of land in Burn-lays containing three acres one rood and twenty five perches and An Allotment of land on the Common containing eight acres or by what other name or names the same may have been known or respectively distinguished and now occupied by the said William Midgley To hold the said messuage or tenement outbuildings undivided garth several closes pieces or parcels of land or ground with the hereditaments and appurtenances to the same respectively belonging unto the said William Midgley his heirs and assigns for ever subject nevertheless to and I do hereby accordingly charge and make chargeable the said estates hereditaments and premises hereintofore devised unto my said son William and also my said son William to and with the payment of the several legacies and annuity hereinafter given unto my sons James and Jonathan and my grandsons Robert and William Brommit and my said wife Mary / that is to say I give and bequeath unto my said son James Two hundred pounds, unto my said son Jonathan Two hundred pounds to be paid unto them respectively by my said son William within twelve months after my decease Unto each of my said Grandsons Robert and William Brommit I Give and Bequeath the sum of Sixty pounds apiece to be paid unto them by my said Son William when or as they shall respectively reach the age of twenty one years and in the meantime and until my said Grandsons shall attain the age of twenty one years I direct my said son to pay unto my said Grandsons lawful interest for the said Legacies of sixty pounds each but it is my will that the payment of such Interest shall not commence until twelve months next after my decease and I Give Devise and Bequeath unto my said wife and her assigns during the term of her natural life One Annuity yearly rent charge or sum of Twelve pounds to be paid unto her by my said son William by two equal half yearly payments on or at the days or times hereinafter mentioned (that is to say) the twenty fifth day of March and the twenty ninth day of September free from all sorts or kind of deductions whatsoever the first half yearly payment of the said Annual sum of Twelve pounds to be made on such of those days which shall happen next after my decease But if is shall happen that the said yearly rent or annual sum of Twelve pounds or any part thereof shall be in arrear and unpaid for the space of twenty one days next after any of the said days or time whereon the same ought to be paid Then and at any time or times thereafter when and as often as the case shall so happen it may and shall be lawful for my said wife into and upon the said messuage lands tenements and hereditaments out of which the said yearly rent or annual sum of Twelve pounds is to be issuing and payable as aforesaid or into or upon any part or parts thereof to enter and distrain for the said annual sum of Twelve pounds or so much thereof as shall be in arrear and unpaid and the distress and distresses then and there found to lead drive and carry away and impound and in pound to detain and keep until the said annual sum of Twelve pounds and all arrears thereof together with all costs and expenses relating to or attending the said distress or distresses shall be fully satisfied and paid and in default thereof in due time after such distress or distresses shall be so taken to sell and dispose of the same or otherwise to act therein according to Law in like manner as in distresses taken for rent reserved by Lease or Common Demise to the end that she my said wife may be fully paid and satisfied the said annual sum of Twelve pounds and all arrears together with all costs and charges relating to or attending the recovering or obtaining payment of the same I Give and Bequeath unto my said wife all the household goods and furniture which she possessed and did belong to her at the time of my intermarriage with her to and for her own sole use and disposal And it is my will and I do hereby direct my said son William to permit and suffer my said wife to occupy use and enjoy during her Life free from expense One Room in my Lower Homestead devised to him aforesaid And it my will and I do hereby direct that the said annuity or legacies so given and bequeathed unto my said wife are so given and devised to her in lieu satisfaction and discharge of all dower right and litte (?) to dower and thirds which she might claim or otherwise be entitled to out of all or any part of my said estates hereditaments and premises And I do hereby direct my said wife to make and execute all and every such Releases that either or both my said sons John and William shall require for the purposes before mentioned I also Give and Bequeath unto my said son William a feather bed and bedding all the rest residue and remainder of my household goods furniture farming stock implements of husbandry money securities for money together with the said securities and all other my personal Estate and Effects of what nature the same may be or consist of and which I shall in any manner be possessed of or entitled to at the time of my decease (subject to the payment of my just debts funeral expenses and the charges of proving and registring this my will) I Give and Bequeath unto my said sons John and William Joseph Robert James and Jonathan and my daughter Margaret equally between them share and share alike I appoint my said sons John and William joint Executors of this my will and Lastly I publish and declare this to be my last Will and Testament and do hereby renounce and declare all others by me heretofore made Null and void and In Witness whereof I the said Joseph Midgley the Testator have hereunto set my hand and seal in manner following (that is to say) My will being contained on five sheets to the four first thereof I have put my name only and to this the fifth and last sheet thereof my hand and seal the day and year on the first sheet written
Joseph Midgley
Signed sealed published and declared by the said Joseph Midgley the Testator as and for his last Will and Testament in the presence of us who inn his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses thereto - the interxxxxx (?) between the two last lines of the fourth sheet and at the top of this the fifth sheet being first made
T. H. Granger Atty Leeds
George Parker
John Benson
This is a Codicil to be added to and taken as part of the last Will and Testament of me Joseph Midgley bearing date the second day of July One thousand eight hundred and seven Whereby I have charged and made chargeable my son John Midgley and the Estates Hereditaments and premises in my said will to him given with payment of the sum of Two hundred pounds to my son Robert and whereas my son Robert having since the making of my said will departed this life I do hereby will and direct that my said son John shall and do instead of paying the said legacy of Two hundred pounds given to my said son Robert, pay unto my son James the sum of One hundred pounds and to my sons Joseph and Jonathan and to my daughter Margaret Marston the sum of Thirty three pounds six shillings and eight pence apiece to be paid unto them respectively within twelve months after my decease and I hereby charge and make chargeable my said son John and the estate hereditaments and premises in my said will given to my sons John and William are each made subject and liable to the payment of one annuity yearly rent charge of Twelve pounds to my wife Mary And whereas my said wife hath since the making of my said will also departed this life Now I hereby will and direct that my said son John shall and do instead of paying the said Annuity of twelve pounds a year unto my said wife, pay unto my said son Jonathan the sum of Twenty pounds and to my said daughter Margaret Marston the sum of Ten pounds within twelve months next after my decease and I hereby further will and direct that my said son William shall and do instead of paying the said annuity of twelve pounds a year to my said wife, pay the sum of Twenty pounds to my said son James and the sum of Ten pounds to my said daughter Margaret Marston within twelve months next after my decease and I herby charge and make chargeable the Estates hereditaments and premises in my said will to my said sons John and William respectively given subject to and liable to the payment of the same and I hereby ratify and confirm my said will in all other respects In witness whereof I have hereunto set my hand and seal this eleventh day of March one thousand eight hundred and eleven
Joseph Midgley
Signed sealed published and delivered by the said Joseph Midgley the Testator and for a Codicil to his last will and testament and to be taken as part thereof in the presence of us who in his presence at his request and in each other's presence have hereunto subscribed our names as witnesses thereto
?? Dunning
Wm Hodgson
George Parker