Will of John Newton

of Boldron, Yorkshire attested 07 Dec 1837

West Yorkshire Archive Service Archdeaconry of Richmond Probate Court RD/AP1/185/74/1

27 April 1838
Newton John
late of Boldron
Will

This is the last Will and Testament of me John Newton of Boldron in the County of York Gentleman made this seventh day of December one thousand eight hundred and thirty seven I give and bequeath unto my Son Jonathan Newton all my Estate and interest in the House in Barnard Castle in the County of Durham which I rent under His Grace the Duke of Cleveland

I give and bequeath unto my dear wife Ann Newton all my Household furniture plate linen Books China and the provisions that may be in my Dwellinghouse at the time of my decease for her sole use freed and exempt from the payment of any Debts Except my two Desks one of which I give to my son Jonathan Newton and the other to my son John Newton

I give devise and bequeath unto my dear wife Ann Newton the annuity or clear yearly sum of forty pounds during the term of her natural life to be paid her by two equal payments on the twelfth day of May and the twenty second day of November in Every year the first payment thereof to commence and be made on the first of the said days which shall happen after my decease And I direct that ten pounds part of the said annuity shall be charged upon and paid out of the Lands and premises hereinafter devised to my son Jonathan Newton and that thirty pounds he remainder of the said annuity shall be charged upon and payable out of the lands and premises hereinafter devised to my son Jeremiah Newton the said annuity to be paid free from all deductions whatsoever and my mind and will is that in case and said sons Jonathan Newton and Jeremiah Newton their respective heirs and assigns shall make default in payment of the said annuity in the proportions hereinbefore mentioned and the same or any part thereof shall be in arrear and unpaid by the space of fifteen days next after any of the days of payment then and so often as the same shall happen it shall and may be lawful to and for my said wife Ann Newton and her assigns to enter upon all or any part of the said hereditaments and premises charged with the payment of the said annuity in the proportions aforesaid and to distrain for the respective proportions of the same or for so much thereof as shall be so in arrear and all costs and charges occasioned by the nonpayment thereof and such distress to sell in like manner as for rent reserved by lease or common demise

I give unto my son Jonathan Newton all that the East part of my Dwellinghouse situate at Boldron aforesaid wherein I now live comprizing the east Kitchen and all the premises East of the east Gable of my Middle Kitchen and also the new building behind the East Kitchen and so much of the Garden behind as his to the East of a line to be drawn straight from the North West Corner of the said new building and in a line with the West Wall of the said new building to the north side of the said Garden And also the East part of the Garden in front of my said Dwellinghouse and including the present front entrance to my said Dwellinghouse And also the Garth on the Eastside of and adjoining my said Dwellinghouse And also the large Stable and Cowhouse with the loft over them and also the cart house situate on the West of the Large Stable and Cowhouse and adjoining the Town street of Boldron aforesaid (but) it is my mind and will that the back door out of the newbuilding situate on the backside of my dwellinghouse shall be walled up and not used by the said Jonathan Newton his heirs and assigns And also the following closes or parcels of land following (that is to say) All that close called Backcroft adjoining the Garden and Garth and containing three acres or thereabouts All that close called Floors Close adjoining the Backcroft containing five acres or thereabouts All that close also called backcroft situate at the bottom of the Town and containing one acre and two roods or thereabouts And also all that parcel of Ground called the Park now divided into two closes and containing fourteen acres or thereabouts To hold the said East part of my Dwellinghouse Gardens buildings closes of land and premises unto and to the use of my son Jonathan Newton his heirs and assigns for ever Subject and charged and chargeable nevertheless with the annual payment of ten pounds part of the annuity of forty pounds to my said wife Ann Newton and her assigns during her life as before mentioned

I give and devise unto my son John Newton all that parcel of Ground and Blacksmith's Shop situate in the Township of Boldron aforesaid called Westentowns now divided into two closes containing seven acres or thereabouts To hold the same unto and to use of my said son John Newton his heirs and assigns for ever

I give and bequeath unto my Daughter Martha Coates Wife of Henry Coates the Legacy of Two hundred pounds to be paid to her six months after the decease of my said wife Ann Newton but without Interest in the meantime

I give and bequeath unto the children of my late Daughter Mary Benson wife of George Benson the Legacy of one hundred pounds in equal shares and proportions to be paid them six months after the decease of my said wife Ann Newton but without interest in the meantime and if only one such child to such only child but not to take vested interests until they attain the age of twenty one years or day of marriage

And in case my Daughter Ann Benson the wife of Anthony Benson shall survive my wife Ann Newton then I give and bequeath unto my said Daughter Ann Benson the Interest and yearly proceeds of four hundred pounds during the term of her natural life but such Interest not to accrue or become payable until the decease of my said Wife

And upon the decease of my said Wife Ann Newton and daughter Ann Benson and the survivor of them I give and bequeath unto my Granddaughters Ann Coates and Margaret Benson the Legacy of Four hundred pounds in Equal shares and proportions to be paid them six months after the decease of the survivor of them my said wife and Daughter Ann Benson and it is my mind and will that my said Granddaughters Ann Coates and Margaret Benson shall take vested interests as tenants in common in the said Legacy immediately upon my decease

I give and bequeath unto my wife Ann Newton and to my son Jeremiah Newton All my farming stock crops implements of Husbandry and all the rest of my personal estate not hereinbefore specifically disposed of upon trust to call in and convert the same into money and thereout to pay all my just Debts funeral and testamentary expenses and pecuniary legacies hereinbefore given or so far as the same will extend

I give and devise unto my son Jeremiah Newton All that the West part of my Dwellinghouse at Boldron aforesaid wherein I now live comprizing the parlour Middle Kitchen and all the premises Westward of the East Gable of my middle kitchen and the yard and buildings behind on the West side of the newbuilding behind and also all that part of the Garden behind my Dwellinghouse which lies on the west side of a line to be drawn straight from the north west corner of the said new building and in a line with the west wall thereof to the north side of the said Garden and also the Garden to the west of the present front entrance to my said Dwellinghouse Gardens outhouses and premises situate on the west side of my present Dwellinghouse now in the occupation of John Hurworth and John Shaw And also all those two Dwellinghouses Gardens outbuildings and premises situate on the north side of the Town of Boldron aforesaid now in the occupation of William Hurworth and George Story and also all those several closes or parcels of land situate in the Township of Boldron aforesaid containing the several quantities and known by the names following that is to say all that close called East Flatt containing four acres or thereabouts All that close called Hay House Flatt containing four acres All That close called west Flatt containing four acres and two roods All that close called Sun Croft containing two acres and twenty perches And all that parcel of ground containing twelve acres and two roods now divided into three fields situate on Boldron Moor with the Barn Cowhouse and stack garth thereon and all that parcel of ground thereto adjoining containing seven acres now divided into two fields and also situate on Boldron Moor on the north side of Thornberry Lane And all other my real Estate not hereinbefore specifically disposed of to hold the same unto and to the use of my son Jeremiah Newton his heirs and assigns forever Subject nevertheless and charged and chargeable with the payment of the annual sum of thirty pounds part of the said annuity of forty pounds to my said wife Ann Newton and her assigns during her life as aforesaid And also charged and chargeable with the payment of such of my debts and legacies as my said personal estate shall not be sufficient to pay And also with the payment of the interest of the said sum of four hundred pounds so given to my Daughter Ann Benson for life in case she shall survive my said wife as before mentioned

I appoint my said wife Ann Newton and my son Jeremiah Newton Executrix and Executor of this my will hereby revoking all former wills and declare this to be my last Will and Testament contained in this and the three preceding sheets of paper hereunto annexed set my hand and seal to wit my hand at the bottom of each of the preceding sheets my hand and seal to this last sheet and my seal at the top where all the said sheets are affixed together the day and year first within written
John Newton
The writing contained in this and the three preceding sheets of paper was signed sealed published and declared by John Newton of Boldron in the County of York Gentleman as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses

Thomas Wilkinson Shoemaker
Catharine Wilkinson
Thompson Richardson
Solicitor
Barnard Castle


Rokeby April 27th 1838
On which day appeared personally before me the within-named Executor, and, reserving to Ann Newton the right to administer, was sworn well and truly to administer the Goods, Chattels and Credits of the within-named Testator And also that at the time of his Decease the whole of such goods did not amount in value to the Sum of Two Hundred and Ninety Eight Pounds within the Archdeaconry of Richmond
George Bowness
Surrogate

Proven: 27 Apr 1838 at Richmond

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