John Ellis – transcript of his will

Here is the transcript of the will of John Ellis.

Transcription notes:

  1. [square brackets] indicate unclear or unfamiliar words
  2. Paragraphs and punctuation have been inserted for ease of reading
  3. Note that the Executors have made “a sincere and solemn declaration or affirmation”. They are Quakers (Members of the Society of Friends) and will not make an oath.

Extracted from the Registry of the Exchequer Court of York

I John Ellis of Gildersome in the parish of Batley in the County of York, Schoolmaster, being of sound and disposing mind and memory do make my last will and testament in manner and form following:

First it is in my will and mind that all my just debts; funeral, etc, expenses; and the expenses of proving and registering this my will; and all such other expenses as shall be incident to the trusts hereby reposed with my Trustees; be paid by my friends John Snowden of Bradford in the parish of Bradford and County aforesaid, Woolstapler; John King of [Brighouse] in the parish of Halifax and the County aforesaid; and my Nephew John Ellis of the parish of Mansfield in the parish of Mansfield and the County of Nottingham; and after the payment thereof:

I give, bequeath and devise all my real and personal Estate and Effects of what nature or kind soever the same may be, unto my friends John Snowden and John King and my Nephew John Ellis beforementioned, forever to have and to hold to them, the said John Snowden, John King and John Ellis.

In trust nevertheless that they, my said Trustees, do and shall permit and suffer my beloved wife Mary Ellis to have and enjoy for her own use and benefit all the houses, gardens, fields, stables and all other my real Estate now in my own occupation or in the occupation of Benjamin Sobley the younger and Mary Balderson, and also all my plate, linen, china, household goods and furniture for and during the term of her natural life if she so long continue my Widow but not otherwise.

And also that they my Trustees shall put out to interest upon such good security as they shall think most desirable, sufficient and enough of my personal Estate to produce the clear yearly Sum of fifty pounds; which sum it is my Will that they my Trustees shall receive and pay to my Wife in half yearly payments for and during the term of her natural life if she so long continue my Widow but not otherwise.

It is my Will and mind that all the rest, residue and remainder of my personal Estate and Effects not hereinbefore disposed of to my Wife or otherwise (and also all such sums of money as I shall have lent to any of my children upon Security or otherwise, which Sums I direct to be paid to my trustees, or otherwise be deducted by my trustees out of the monies to be paid to my Children respectively) be equally divided by my Trustees unto and amongst my Children Mary, George, William, Thomas, Sarah and Elizabeth share and share alike.

And from and immediately after the decease or marriage again of my Wife, which shall first happen, it is my Will and mind and I do hereby order and direct that my Trustees herein before mentioned, or the survivor of them, or the Executors and Administrators of such survivor, do and shall sell and absolutely [convey] and [assure] all my houses, gardens, fields, stables and all other my real Estate now in my own occupation or the occupation of Benjamin Sobley the younger, Mary Balderson, Elizabeth Billow and William Pyrah or their undertenants, with all the appurtenances thereunto belonging for ever, to the best purchaser or purchasers, and for the best price or prices that [can] or may be had or gotten for the same and it is my Will that the receipts or [acquitures] of my said Trustees to be given to such purchaser or purchasers for his, her or their purchase money shall be good and sufficient discharges in law to such purchaser or purchasers without such purchaser or purchasers being [accountable] for the application or being answerable for the misapplication of such purchase money or any part thereof.

And it is my Will and mind that my Trustees do and shall apply such Money so to be raised by such sale or sales and all the interest or product thereof and also all the rest, residue and remainder of my personal estate and Effects of what nature or kind soever the same may be, unto and amongst my Children Mary, George, William, Thomas, Sarah and Elizabeth to be divided amongst them equally share and share alike.

If any of my Children beforementioned shall die before they have received what is hereinbefore bequeathed to them leaving issue then it is my will that the share of him or her so dying shall go to and be equally shared amongst his or her children share and share alike and I hereby give and bequeath it to them accordingly.

But if any of my Children shall die before they have received what is hereinbefore bequeathed to them leaving no issue then and in that case it is my mind and will that the share of him or her so dying shall be divided equally amongst his or her brothers and sisters share and share alike: a deceased’s child or children (if any) to take his, her or their father’s or mother’s part or share. And I hereby give and bequeath it to them accordingly.

And I do hereby nominate, constitute and appoint my friends John Snowden and John King and my Nephew John Ellis before mentioned joint Executors and Trustees of this my last Will and Testament and I do hereby revoke and make void all former and other Wills by me heretofore made and so publish and declare this to be my last Will and Testament.

In witness whereof I have hereunto set my hand and seal this twenty second day of the eighth Month called August in the year of Our Lord One thousand eight hundred and twenty two.

John Ellis

Signed sealed published and declared by the abovenamed John Ellis the Testator as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our Names as Witnesses thereto.

Richard Lindsey                 John Beaumont                Thomas Greenwood

Proved at London 29th December 1828 before the Judge by John Snowden, John King and John Ellis the Nephew, the Executors to whom admor was granted they having first made a sincere and solemn declaration or affirmation according to Act of Parliament by Council duly to administer.

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