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.
This is the last Will and Testament of me Christopher Preswick
of Whitby in the County of York Merchant I give and bequeath All my
Leasehold messuages Lands and Tenements situate within the Town
Township or parish of Whitby aforesaid unto
Jacob Longbotham of Guisbrough in the said County of York Common Brewer John Brignell of Whitby aforesaid Whitesmith and
John Pattison of Lanchester in the County of Durham Merchant
their executors Administrators and Assigns for and during all my Estate
Term and Interest therein In Trust to sell and convert the same into
ready money and apply the same money and the Rents and annual profits
of the same premises in manner hereinafter mentioned
I give and bequeath to the said Jacob Longbotham John Brignell and John Pattison their Executors Administrators and Assigns All my ready money, securities for money, and other my personal Estate of what Nature so ever and wheresoever In Trust to sell call in, or otherwise convert the same into ready money, and thereout to pay my funeral Expences and just Debts And I declare that the said Jacob Longbotham John Brignell and John Pattison and the Survivors and Survivor of them his Executors and Administrators shall stand possessed of the money to arise by sale of or otherwise from my said Estates and of the Rents or other annual profits thereof until such Sale, and after payment thereout of my just debts and funeral Expences In Trust to invest and place out at Interest the said monies as they shall from time to time come in and be received in the public Funds or upon Government or real securities and call in and place the same out again upon the like Securities as often as need may require and apply the Interest thereof annually in the maintenance and Education of John Bennet Preswick (who now resides with the Reverend Mr. Hale of Kirby Hill in the said County of York) until the said John Bennet Preswick attains his age of twenty one years (which age will appear by the Register of Baptisms kept for the parish or Township of Chester le Street in the said County of Durham where the said John Bennet Preswick was baptized) And to pay the principal Sums so directed to be placed out at Interest to the said John Bennet Preswick when he shall attain his said Age of twenty one years
And I declare that in Case the said John Bennet Preswick shall die under the age of twenty one years the said Jacob Longbotham John Brignell and John Pattison their Executors Administrators upon the Death of the said John Bennet Preswick shall stand possessed of the said monies so to be placed out at Interest and Interest for the same or so much thereof as shall be unapplyed for the purposes hereinbefore or hereinafter mentioned Upon the Trusts hereinafter mentioned declared or expressed concerning the same ,
that is to say, In Trust in the first place to pay thereout to the said Jacob Longbotham John Brignell and John Pattison the Sum of thirty Pounds apiece And In Trust to pay the surplus of the same monies to the following persons or such of them as shall be living at the Death of the said John Bennet Preswick in equal proportions, that is to say, Oliver Preswick the younger Elizabeth Bird and Mary wife Saml Cockarell of Wapping London (Children of my late Uncle Oliver Preswick) George Chapman the Elder of Upleatham in the said County of York William Chapman of Marsk in the same County and Grace their Sister
And I declare that the Receipt or Receipts of the said Jacob Longbotham John Brignell and John Pattison or any of them or the Executors Administrators or Assigns of the Survivor of them shall from time to time effectually discharge the respective purchasor or purchasors of my said Leasehold Premises And that such purchasor or purchasors shall not afterwards be answerable or accountable for the Loss misapplication or Nonapplication of the purchase money mentioned in and for which such Receipt or Receipts shall be given
And I appoint the said Jacob Longbotham John Brignell
and John Pattison Executors of this my Will And I declare
that they or their Executors Administrators or Assigns shall not be
answerable or accountable for any more of the said Trust Estates than
they respectively shall actually receive nor with or for any
involuntary Loss, nor any one of them for the Acts Deeds Receipts or
Disbursement of the other or others of them but each for his own Acts
Deeds Receipts or Disbursements only and that they respectively shall
and may retain to and reimburse themselves all such Loss Costs Charges
Damages and Expences as they respectively shall or may suffer sustain
expend or be liable to or charged with in or about or on account of the
execution of the Trusts hereby vested or reposed in them And lastly I
declare that it shall be lawful for my said Trustees and Executors or
the Survivors and Survivor of them his Executors Administrators and
assigns and he and they are hereby authorized and required to give any
Sum of Money part of the said Trust money not exceeding the Sum of
Fifty pounds as an apprentice or Clerks Fee with the said
John Bennet Preswick during his infancy to any person or
persons in any Trade or Profession he may chuse any thing hereinbefore
contained to the contrary notwithstanding Witness my hand and Seal this
twenty ninth Day of July in the year of our
Lord one thousand seven hundred and seventy six.
Signed sealed published etc.....
John Carter
Robt Clarke
When the above will was made I was a Singleman, but since being Marryed
it becomes highly proper to provide for my Wife for which Reason I give
& bequeath to my dear Wife
Grace Preswick the Sum of Twelve Hundred pounds to be pd her
Twelve Callander Months after my Decease out of my Personall Estate as
also all the Linin in the house we now dwell in & women wearing
apparrell whatever (but not my own apparrell) as witness my hand this
Nineteenth day of Decem'r one thousand seven Hundred and Seventy Eight
1778
C Preswick
Whereas since my making the above Will I have intermarried with Grace Waynman
of Whitby in the County of York Spinster. Now I do hereby give
unto my my said dearly beloved Wife Grace and to her Executors
Administrators and Assigns the sum of Twelve hundred pounds to be paid
her twelve months next after my decease and all my Household Goods
Household Stuff plate linnen and other furniture thereunto belonging
And also I give unto my said dearly beloved Wife one full equal fourth
part or share of all that good Ship or Vessel called the Eagle of
Whitby with the like part of all the profitts that is or will be due
unto me at the time of my decease Also I give unto my said Wife all
that my Messuage or Tenement wherein I now dwell To hold to her and her
assigns during the term of her natural life And Lastly it is my desire
that this present writing be made part of my said Will In Witness
whereof I the said
Christopher Preswick have hereunto set my hand and Seal the fifth day of July one thousand seven hundred and eighty two
C Preswick
This writing was signed sealed and published by the above named
Christopher Preswick as a Codicil to the above Will in the presence of
us and in his presence and at his request we have set our hands
Grace Waynman
...........(unreadable)
Elizabeth Young
PROBATE
John Brignell and
John Pattison two of the Executors within named were duly Sworn before me Rich'd Robinson, Surrogate
......Past 26th Sep'r 1782.......
transcript
Dave King, published 27.07.2002