Will of Matthias Hanby

Will of Matthias Hanby of Eastwood Hall Attested: 8 Dec 1727
Archdeaconry of Richmond Proved: 24 Feb 1728
Reference: RD AP1 119 84

In the name of God Amen I Matthias Hanby of Eastwood in the Parish of Barningham in the County of York Yeoman being indisposed in body, but of sound and perfect mind & memory Praised be God, Doe Make Publish and Declare this my last will & Testament in Manner & form following first & Principally I Commend my soul into the Hands of Almighty God my Creatour Hoping through the meritorious Death & Passion of my blessed Saviour to receive remission of all my sins, & my body I Commitnto the Earth from Whence it was taken, to be buried in such decent manner as to my Executors shall be thought fitt then as touching the temporal Estate Wherewith it hath Pleased God to less me I give devise and bequeath the same as followeth (that is to say)
Inprs I Give and bequeath to Thomas Hanby son of my Cousin Will[ia]m Hanby of Melsonby the sum[m]e of one Hundred and fifty Pounds to be Pay[e]d in manner following that is whereas I have verbally sold to my said Cousen William Hanby & Thomas Hanby all my Lands in the Parish of Melsonby in the County of York for the Sum[m]e of five hundred pounds Designed towards Paying my Debts & Legacyes that is when they the said William & Thomas Hanby shall Pay to my Executors hereafter named the Sum[m]e of three hundred & fifty Pounds & the said hundred & fifty Pounds which I Give to the foresaid Thomas Hanby which makes the said sum[m]e of five hundred pounds I hereby oblige the foresaid Executors to Confirm the said Bargain to them the said William & Thomas Hanby, but if the said Thomas Hanby happen to Dye without Issue his Heires or Executors shall be oblig[e]d to repay fifty Pounds of the said Hundred and fifty Pounds to be Divided amongst the Children of my nephew John Hanby of Eastwood that shall be then Living
Item I give to the three Children of Mrs Elizabeth Smales my Wifes Niece Each three guineas.
Item I give to the Children of my Wife's Nephew Mr William Eden Each of them the like sum[m]e of three guineas
Item I Give to the Children of my Wifes Niece Anne Salton three guineas each
Item I give to my Wifes Niece Katharine Fenwicks Children Each three guineas
Item I give to my Wifes Nephew Mr John Eden the sum[m]e of twenty & five Pounds
Item I Give to my God Daughter Mary the Daughter of Mr Ralph Eden my Wifes Nephew the sum[m]e of twenty Pounds to be Pay[e]d att the Day of her Marrage or att the Age of twenty & one years which shall first happen & in the Intrim My Executors to Pay a Legall Intrest for the said sum[m]e of twenty Pounds towards her Education & to the rest of the Chidren of the said Mr Ralph Eden a guinea each
Item I Give to John Johnson son of Matthew Johnson of Newsham My Wifes Cousen German the sum[m]e of five Pounds to be Pay[e]d when he is loose of his Apprentiship
Item Mr Francis Smales of Brignall is to have his bill in Which I had for my title to the houses in Appleby
Item I Give & bequeath to my Dearly beloved Brother Joseph Hanby & to my Dearly beloved Nephew John Hanby & to the longer living of them all my Lands Whatsoever within the Lordship of Bows & Parish of Bows and Startford to divide the mean Profits arising from the same Equally betwixt them for their own use, Charged with my funerall Expences Debts & Legacyes (if What I have already appointed shall fall short) & to the male Heires of the said John Hanby of his own body lawfully to be begotten their Heires and Assignes for Ever, but in Case the said John Hanby Dyes without male Heires or his Wife be not with Child of a Male Heir, then I Give and bequeath the said Estate to the male Heir of the said Thomas Hanby of his own Body lawfully to be begotten in Case he have one, but in Case but in Case the male heir of the said Thomas Hanby dye before before he come att the Age of twenty & one years then the foresaid Estate to return to the Right heires of the said Matthew Hanby but (notwithstanding all the foresaid settlements) in Case the foresaid John Hanby Leave a Widow behind him She the said Widow shall enjoy her dower or thirds of the foresaid lands as if their were noe settlement att all further my desire is that if my Nephew John Hanby having noe male heires will in lieu of the said Lands in the Lordship of Bows & three Hundred Pounds to be Pay[e]d by the Male heires of the said Thomas Hanby Settle his Lands att Eastwood upon the Male heir of the said Thomas Hanby then the said John Hanby shall have full Pwer to sell & dispose of the said Lands in the Lordship or Parish of Bows & Parish of Startford and the said three hundred pounds to the use of his Daughters as he shall think fit
Item I give to my niece Christan Hanby my houshold stuf & Plate
Item I give to the Poor of Barningham four Pounds to the Poor of Brignal two Pounds & to the Poor of Bolron two Pounds to be distributed at the discretion of my Executors
I doe hereby Constitute & Appoint my Dearly bloved Brother Joseph Hanby & my Dearly beloved nephew John Hanby Joynt Executors of this my Last Will and Testament In Witness whereof I have hereunto set my hand & seal this eighth day of December in the first year of our Soveraigne Lord King George the second Anno Dy 1727
Matthi Hanby

Signed Sealed Published and Declared in the Presence of us who have subscribed in the Presence of the testator (the several words of the said three Hundred Pounds being first Enterlined in the Presence of
Isaac Willson
Anne Pearson her Mark
William Head WH his mark