This is a transcript of a will from the Probate records of the Diocese of York, which are preserved at the Borthwick Institute of Historical Research, York.
Copyright of this transcript remains with Dave King, and it must not be reproduced or republished without prior permission.

Will of Thomas Pybus of Knayton, Yorks.

Dated 17.8.1824, proved 1827 at York.

This is the last Will and testament of me Thomas Pybus of Knayton in the County of York, yeoman

First I order and direct my executor hereinafter named to pay all my just debts funeral and testamentary expenses I give and bequeath the following Legacies namely, To my servant John Parkinson now living with me the sum of Ten Pounds, To William Wood of Knayton aforesaid the sum of Five Pounds, To Sarah the wife of Samuel Wass of Sledmire in the said County Cartwright the sum of Two Guineas, To Dorothy Hauxwell now living servant with Mr Selby Bryanstone Street Portman Square London Wine Merchant the sum of Two Guineas, To Betty Hauxwell of Scarborough in the said County Spinster the sum of Two Guineas, To Nanny the wife of John Clarkson of Thirsk in the said County Boot and Shoe Maker the sum of Two Guineas,

To each of the three Daughters of the late Pybus Hamilton the sum of Three Pounds, To Elizabeth the Widow of the late Richard Hamilton the sum of Five Pounds, To Catherine the wife of Joseph Powlet of Togston in the County of Northumberland the sum of Fifteen Pounds, To Anthony Hamilton of Cawton near Richmond in the said County of York the sum of Fifteen Pounds, To Thomas Hamilton of Woodhill Field in the Parish of Thirsk aforesaid Farmer and one of my Executors the sum of Eighty Pounds, To Thomas Danby of Catterick in the said County of York Farmer the sum of One Hundred Pounds, To Thomas, Catherine, Richard, George, Mary, Jane, Dorothy, Elizabeth, James, Pybus, John and William the children of the said Thomas Hamilton the sum of Five Pounds each, To Thomas William Christopher Ruth Jane and Mary the children of the said Thomas Danby the sum of Five Pounds each

All which said several Legacies or Sums of money I direct shall be paid by my said Executors three months after my decease without any interest 

And I give and bequeath unto my Servant Mary Fairburn now living with me one Mahogany circular Tea Table, Sic chairs, Clock and case, small delf Rack in my Kitchen, and an oak corner cupboard in my parlour, And it is my Will and Mind and I do hereby direct that the said Thomas Hamilton his Executors and Administrators shall and will out of the monies which he shall receive by virtue of this my Will or the Interest thereof pay unto my said Servant Mary Fairburn and her Assigns during her life an Annuity or yearly sum of Six Pounds by equal half yearly payments from the time of my decease free from taxes and clear of all other deductions whatsoever and to her Executors and Administrators a proportionable part of the said Annuity to be computed to the day of her death from the then last preceding day of payment 

And I give and devise All my freehold copyhold and customary Messuages Lands Tenements and Hereditaments with their Appurtenances situate lying and being in the Township of Knayton and elsewhere in the said County of York unto Christopher Thompson of Thornborough in the County of York Farmer and John Lascelles of Dalton in the said County of York Farmer their Heirs and Assigns To and for the uses intents and purposes hereinafter mentioned, namely, To the use intent and purpose that they the said Thomas Danby and Mary his wife during their joint lives and that the Survivor of them during his or her life shall and may receive and take thereout a clear yearly rent or annual sum of Twenty Pounds of lawful English money to be issuing and payable out of the same Hereditaments by two equal half yearly payments on the twenty fourth day of June and the twenty fifth day of December in every year without any deduction or abatement out of the same the first half yearly payment thereof to be made on such one of the said days or times as shall happen next after my decease 

And to the further use intent and purpose that if the said yearly rent or annual sum of Twenty Pounds or any part thereof shall be behind or unpaid for the space of Twenty one days next after any of the said days or times whereon the same is hereby made payable then and as often the case shall happen it shall be lawful for the said Thomas Danby and Mary his wife and their Assigns and for the Survivor of them his or her assigns into and upon the said Messuages Lands and hereditaments or any part or parts thereof in the name of the whole to enter and distrain for the said yearly rent or annual sum or so much thereof as shall be then in arrears and also for such further sum or part thereof, if any, as shall become due during the possession under and by means of such entry and the distress and distresses then and there taken to impound and keep until the said yearly rent or annual sum of Twenty Pounds and all arrears thereof and the costs and expenses attending such distress and distresses shall be fully paid and satisfied And in default thereof in due time after such distress and distresses or otherwise to deal therewith according to Law in like manner as in the case of distresses of rent reserves by Lease on demise for the purpose of paying and satisfying the same 

And from and after the decease of the survivor of them the said Thomas Danby and Mary his Wife I do hereby direct that my said Trustees and the Survivor of them his Heirs or Assigns do and shall with all convenient speed by sale or mortgage of all or any part of the said Messuages Lands and Hereditaments or otherwise as to them shall seem meet levy and raise and pay to such of the children of the said Thomas Danby and Mary his Wife as shall be living at the time of the decease of the Survivor of them the sum of Fifty Pounds a piece and to their respective Executors Administrators and Assigns 

And I hereby declare and direct that the receipt or receipts of them the said Trustees and the survivor of them his Heirs and asisgns shall be a good and sufficient discharge and good and sufficient discharges to the purchaser or purchasers mortgagee or mortgagees of the said Messuages Lands or Hereditaments or any part or parts thereof for such sum or sums of money as shall therein be acknowledged to be received And that no such purchaser or purchasers mortgagee or mortgagees or other person or persons who shall pay to the said Trustees or the survivor of them his Heirs or Assigns any purchase or mortgage money or any rents and profits of or for the said Messuages Lands tenements or Hereditaments in pursuance of any of the aforesaid Trusts shall be obliged to see to the application thereof or be answerable or accountable for the misapplication or nonapplication thereof or to enquire into the reason or necessity of any Sale mortgage or disposition of all or any part thereof 

And subject to the aforesaid Trusts I give and devise the same Messuages Lands Tenements and Hereditaments and the rents issues and profits thereof unto the said Thomas Hamilton and my natural Son Thomas Pybus otherwise Thomas Leng now residing with Mr Reid of Sandhutton in the said County of York their Heirs and Assigns as Tenants in Common 

And all the Rest residue and remainder of my money Securities for money Household Goods and Household Furniture Farming Live and dead Stock Crops of Corn Grain and Hay whether growing or otherwise Horses Cattle and implements in Husbandry and all other my personalty of every description I give and bequeath unto the said Thomas Hamilton and to my natural Son Thomas Pybus otherwise Thomas Leng and their Executors Administrators and assigns 

And I constitute and appoint the said Thomas Hamilton and Thomas Pybus otherwise Thomas Leng Executors of this my last Will and Testament 

And I do hereby declare that it shall and may be lawful to and for the said Christopher Thompson John Lascelles as Trustees as aforesaid and my said Executors and their respective Heirs Executors and Administrators by and out of all or any of the monies which shall come to their or any of their hands to deduct retain to and reimburse himself and themselves all such costs charges and expenses as they shall or may sustain expend or be put unto in or about the Execution of this my Will And also that they and their respective Executors and Administrators shall be charged and chargeable only every of them for and with his and their own respective receipts payments acts and wilful defaults and not otherwise and shall not be charged or chargeable with or for any sum or sums of money payments acts and wilful defaults and not otherwise and shall not be charged or chargeable with or for any sum or sums of money other than such as shall actually and respectively come to his and their hands by virtue of this my Will nor with or for any loss or damage which may happen in or about the execution thereof without his or their respective wilful defaults And revoking all former Wills I declare this only to be my last Will and Testament In Witness whereof I have to the three preceding sheets of paper of this my Will ( the whole of which is contained in four sheets of paper) subscribed my name and to this fourth and last sheet I have set my hand and seal the seventeenth Day of August In the year of our Lord One Thousand eight hundred and twenty four

signed selaed etc.........

Tho Swarbreck solr Thirsk
Wm Hunter
John Ripley



This is a Codicil to the last Will and Testament of me Thomas Pybus of Knayton in the County of York Yeoman which will bears the date the seventeenth day of August One thousand eight hundred and twenty four I give and bequeath the sum of thirty Pounds unto my natural Son Thomas Pybus otherwise Thomas Leng to be paid three months after my decease without Interest 

And I do hereby reduce to the sums of Three Guineas the Legacies or Sums of Five Pounds in and by my said Will bequeathed to each of the twelve children of Thomas Hamilton of Woodhill field in the Parish of Thirsk in the said County Farmer 

And I do hereby reduce to the sum of Fifteen Pounds the annuity or yearly sum of Twenty Pounds in and by my said Will directed to be paid to Thomas Danby and Mary his wife during their joint lives and the life of the Survivor 

And I give the sum of Seven Pounds to each of the three daughters of the late Pybus Hamilton over and above every other provision made for them in my said Will 

And I give the sum of Seven Pounds to Elizabeth the Widow of the late Richard Hamilton over and above the Legacy mentioned in my said Will 

And I give the sum of Fifteen Pounds a piece to Catherine the wife of Joseph Powlet and Anthony Hamilton over and above the provision made for them in my said Will 

And I do hereby direct that the said additional legacies to each of the three daughters of the late Pybus Hamilton, Elizabeth the widow of the late Richard Hamilton, Catherine Powlet and Anthony Hamilton shall be paid by the said Thomas Hamilton and Thomas Pybus otherwise Thomas Leng out of my real estate six months after my decease without Interest And in all respects I ratify and confirm my said Will so far as the same is not varied by this codicil In Witness whereof I have to this Codicil set my hand and seal the eighteenth day of February in the year of our Lord One thousand eight hundred and twenty four

The writing in this sheet of paper was signed and sealed by the said Thomas Pybus and by him published and declared as and for a codicil to his last Will and Testament in the presence of us who as Witness thereof have hereunto subscribed our names in his presence at his request and in the presence of each other

Tho Swarbreck
Thos Kirby
William Wise