Last Will and Testament of

 

Last Will and Testament of Sylvester Petyt

(dated 23rd May 1719)

In the name of God Amen. I, SILVESTER PETYT, of Barnardís Inn London, Gentlemen, being, praised be God, of sound mind and good health, Revoking, Disclaiming, and making void all and every the Will and Wills and Testaments by me at any time heretofore made, do make publish and declare this for and as my last Will and Testament in manner following (that is to say) I give my Soul into the hands of God, Relying wholly upon his free Grace and Mercy for the pardon of all my sins and for the fruition of Everlasting peace and Blessedness, through Jesus Christ my only Saviour; My Body I Comend to decent Christian Buriall, to be buried if I dye in London or within 20 miles thereof in the church yard of St. Andrew Holborne on the Back side of the Church there ten foot deep at the least. But if I dye above 20 miles from London, then to be buried in the church yard of the Parish where I shall so dye. And as touching the disposall of such Estate wherewith it hath pleased God to Bless me, my debts funeral charges and charges of the probate of this my Will being thereout first paid and discharged, I Give Bequeath and devise the same as follows.

IMPRIMIS, whereas my Brother Wm. Petyt Esqre. deceased, in and by his last Will and Testament as for and concerning the Manuscripts and printed Books of Law, History, Antiquity, and Parliamentary proceedings, which cost him many years pains and study and stood him in much charge in collecting, he did give and devise to Joseph Offley Esqre., Richd. Webb Esqre., Humphry Hethrington Esqre., John Anstis Esqre., John Chamberlaine Esqre., and myself his Trustees. In trust and to the intent and purpose in his said last Will and Testament mentioned

And he did earnestly desire his said trustees that such speciall care may be taken by them of the Manuscripts Collections and Tracts as they or the major part of them or the survivors or survivor of them would, in convenient time after his decease (in justice to Truth and his Memory) procure such of his Manuscripts as they should think fit to be printed to remain for publick use to posterity. And for that end and purpose he did give and consign out of his Estate £400 to be laid out by me in and about the perusing printing and publishing of them, if less would not do, though he hoped they would pay for printing themselves. And by his Will desired me to take care of securing the said sum in case of my own death. And the benefit of such printing and publishing to go to myself. Now my will is, and if I shall not in my lifetime procure such printing and publishing as aforesaid, Then I do hereby desire such of the said Trustees, who will be pleased to take the trouble upon them, to peruse the Manuscripts Collections and Tracts of my said Brother Wm. Petyt, and thereout cause such Transcripts to be made of the matters and things therein contained as they shall think fit to be printed. And after such Transcripts made and put in order for the press I desire and direct the same to be printed and published, so as the whole charge ofí transcribing printing and publishing thereof doth not exceed the said £400 given as aforesaid. And if any advantage shall be made by such printing and publishing, Then I will that the same shall be taken as part of my personal estate. And I do give to such of the said trustees, who shall be pleased to take the trouble upon them, 3 Guineas each. The Transcripts to be made shall be at my charge And shall be paid by my executors out of my Estate.

ITEM, I do forgive unto my Nephew Stephen Catterson all such sum and sums of money which he now doth or shall owe unto me at the time of my death. And I do give him £300 to be paid him within two years next after my decease. And I do order and direct that his Bond entered into by him unto me be delivered to him to be cancelled. And I do give £700 to be equally divided amongst his Children, which shall be living at the time of my death, to be paid unto him the said Stephen Catterson within 2 years next after my decease for their respective uses or use. And if but one child then to such child. And the receipt and receipts of the said Stephen Catterson for what he shall so receive shall be a sufficient discharge to my executors for the same. And if the said Stephen Catterson shall happen to dye before such Legacy or Legacys shall he paid, Then the Receipt or Receipts of the respective Guardians and Guardian of such children or child, in case of minority of such children or child, to receive his her or their respective Legacys or Legacy, shall be a sufficient discharge to my executors for what such Guardians or Guardian shall so receive. And I do also give unto the said Stephen Catterson and his wife £10 apiece for to buy them
mourning.

ITEM, I do forgive unto my Neice Eliz. now the wife of Richard Wright, and to the said Richard Wright, all such sum and sums of money which now is or shall be due and owing by and from them, or either of them, unto me at the time of my death either by or upon Bill, Bond, Account or otherwise howsoever. And I do order and direct that all the Bonds entered into by the said Richd. Wright unto me be delivered unto him to be cancelled. And I do also order and direct that all such Notes Acknowledgments and other writings, which the said Eliz. hath given or subscribed, whereby it doth appear that she is indebted to my said Brother and myself together, or to myself alone, shall be delivered to her to be cancelled. And I do give unto my said Neice Eliz..Wright £300 to be paid unto her or her Husband for her use within 2 years next after my decease, and her and her Husbandís receipt for the same shall be a sufficient discharge to my Executors. And I do give unto her and her Husband £10 each to buy them mourning.

ITEM, I do give £600 to be equally divided amongst such children of my said Neice Eliz. Wright, which shall be living at the time of my death, to be paid unto her or her Husband within two years next after my decease for their respective uses or use. And if but one child then to the use of such one child and the receipt and receipts of the said Richard Wright and Eliz. his wife and either of them, for what they or either of them shall so respectively receive, shall be a sufficient discharge to my Executors for the same.

ITEM, I do give unto my Neice Mary Farrand £100, but if she shall depart this life before my death, then I Will the said £100 shall be and shall be taken to be part of my residuary personal Estate.

ITEM, I give to my Neice Margt. Kitching £100 if she shall be living at the time of my death, to be paid to her own hands so that her Husband shall have nothing to do with it, but the same shall be for her separate use and maintenance and not lyable to the debts or controll of her Husband. And her Receipt for the same shall to my executors he a sufficient discharge. But if she shall depart this life before my death, Then I Will the said £100 shall be and shall be taken to be part of my residuary personal Estate.

ITEM, I do give unto my Neice Margaret Kitchingís Children, which shall be living at the time of my death, £300 to be paid within one year after my death, to be divided amongst them, share and share alike. And if but one Child, then to such Child, and the respective receipt and receipts for the same to my executors shall be a sufficient discharge.

ITEM, I give unto each of the Children and Grandchildren of my late Sister Ann Robinson, who shall be living on the day of the date hereof £10. And to each of the Children and Grandchildren of my Sister Eliz. Mitchell, who shall be living on the day of the date hereof £10; which said several Legacys I Will shall be paid within one year next after my decease. And if it shall happen that any of the said Legatees, by reason of his her or their Infancy, shall not be qualified to receive his her or their Legacy or Legacys, Then I will that such Legacy and Legacys shall, by my Executors, he paid to the respective Father and Mother of such Legatee and Legatees, for the respective uses of such Legatee and Legatees; and if no such Father or Mother be living, Then I Will the same shall, by my Executors, be paid to the respective Guardian and Guardians of such respective Legatee and Legatees, for the use of such respective Legatee and Legatees, the respective receipts of such respective Father, if living, and of the respective Guardian and Guardians of such respective Legatee and Legatees shall, unto my Executors, for so much as they shall so pay, be a sufficient discharge.

ITEM, I do forgive unto Wm. Child, Richard Mitchell, Thomas Mitchell and John Booth all such sum and sums of money which is and are due and owing by them or any of them unto me and which shall be due and owing by them or any of them at the time of my death. I do order and direct that the Bond entered into by the said William Child Richd. Mitchell and Thos. Mitchell unto me, shall be delivered unto them some or one of them to be cancelled.

ITEM, I Give unto my sister Eliz. Mitchell during her life the yearly sum of £6 to be paid unto her on the Quarterly days following (viz.) on Midsummer, Michaelmas, Christmas and Lady day by equall portions free from all taxes and deductions the first payment to be made on such of the said days as shall next happen after my decease. And I do give her £4 to buy her Mourning. And I do give unto my Executors £5 which I will shall be paid by them for or towards the payment of the charges of the funeral of my said Sister Eliz. Mitchell and of such small debts as shall be owing by her at the time of her death in such manner and proportions as they shall please.

ITEM, I do acquit Robt. Hudson of Settle who married Isabell the Daughter of my Neice Farrand of and from the debt which she oweth me And I do order and direct that he have his Bond delivered to him to be cancelled. And I do give unto the said Isabell £20 to be paid unto her or her Husband within one year next after my death.

ITEM, I do give £40 to be equally divided amongst such Children of the said Isabell, which shall be living at the time of my death, to he paid unto her or her husband within one year next after my decease for their respective uses or use. And if but one Child then to the use of such one Child, and the receipt and receipts of the said Robt. Hudson and Isabell his Wife or either of them for what they or either of them shall so respectively receive shall be a sufficient discharge to my Executors for the same.

ITEM, I give to Mary Paley Wife of Win. Paley of Settle and Daughter of my sister Cookson £30 if she be living at the time of my death. But if she shall depart this life before my death, Then I will the said £30 shall be and shall be taken to be part of my residuary personal Estate.

ITEM, I do forgive my Nephew Thos. Battersby the son of my late sister Mary Battersby all such sum and sums of money which now is or are or which shall be due and owing by him to me at the time of my death. And I do order and direct that the Bond by him entered into unto me, to be delivered unto him to be cancelled within one year next after my decease. And I do give to his Daughter Sarah Battersby £20 to be paid within one year next after my death to her for her use. And his Receipt for the same shall, to my Executors, be a sufficient discharge.

ITEM, to Margt. the sister of the said Thos. Battersby and wife of Wm. Blakey £20 to be paid unto her within one year next after my decease. And I do give to Mary the Daughter of the said Wm. and Margt. £20 to be paid within one year next after my decease, unto her said Father or Mother for her use and for which the Receipt of either of them the said Father or Mother, shall to my Executors, be a sufficient discharge.

ITEM, I give unto Mary Battersby Sister of the said Thos. and Margt. £30 to be paid unto her within one year next after my death.

ITEM, I do give unto John Battersby and his Sister Eliz. Battersby the Grandchildren of my late Sister Mary Battersby £20 each to be paid unto them within one year next after my decease.

ITEM, I do remit and forgive unto them the said John and Eliz. and also to their Mother respectively the several sum and sums of money which they or any of them do now or shall owe unto me at the time of my death.

ITEM, I do give to my Cousin Mr. Christopher Petyt of Orton in Westmoreland £50 to be paid to him within two years after my death. And I do give to the said Stephen Catterson the pictures of my Brother and myself, which were or are in my late Bedchamber in the house in Bell Savage Yard, and also my Long Swing Clock in the next room to my said late Bedchamber which was my Brothers, which said two pictures and Clock I will, shall be sent to Skipton and placed in the Library there in the Church.

ITEM, I do give unto my worthy Friend Peniston Lamb, of Lincolnís Inn Gent. my Diamond ring which I usually wear, set with 7 diamonds.

ITEM, All my plate and remainder of my rings, I will shall be equally divided between the said Stephen Catterson and Eliz. Wright in such manner and proportions as my Executors shall think fit. And I will and declare that such division so to be made shall be finall and binding to the said Stephen Catterson and Elia. Wright and Richard Wright her Husband.

ITEM, I do give to the Vicar and Churchwardens in the Parish of Skipton in Craven in the County of York £10 to be distributed by them amongst the poor there as they shall think fit. And I do give them 5s. to defray their expenses in the distribution thereof.

ITEM, I do further give unto the said Vicar and Churchwardens £140 to Cloath and put out 20 poor Children (viz.) £7 each poor Child and no less or more Apprentices (one out of a Family and no more) which shall live in or near Skipton aforesaid and within the said parish. But if there be occasion for the Cloathing or putting out of any poor Child or Children Apprentice or Apprentices to pay more than the £7 respectively. If any charitable person or persons shall add to it, It shall not be lookt upon as any disparagement to the Charity hereby given, which said £140 I will shall not be paid to the said Vicar and Churchwardens at one time. But that the same shall be paid to them in such proportions as they shall have agreed to Cloath and Agree with Masters or other persons respectively to whom such poor Children are b be put Apprentices. And upon the said Vicar and Churchwardens Agreement with any person or persons to put any one or more of the said poor children Apprentice and Apprentices, they shall give Notice thereof to my Executors, some or one of them and receive of them the money with which they are to Cloath the said Children respectively. And likewise the money which is to be paid to the respective persons to whom the said Children respectively shall be put Apprentice and Apprentices, and shall in writing give an Account to my Executors of the respective Names, Habitations, Trades, and Employments, of the persons to whom such poor Children shall be put Apprentices and how long they are to be Apprentices together with the Names of such Children and of their Parents if they shall have any, or of their near Relations and where they shall then live.

ITEM, I do give unto the Churchwardens and Overseers of the Poor of Bolton Abby near Skipton aforesaid £10 to be distributed by them amongst the poor of Storithes, Haslewood, Bolton Brigg, and Dear Stones, in such proportions as they shall think fit. And I do give them l0s. to defray their expenses in the distributon thereof.

ITEM, I do further give unto the said Churchwardens and Overseers of the Poor of Bolton Abby aforesaid £140, to Cloath and put out 20 poor Children (viz.) £7 each child no less or more Apprentices (one out of a Family and no more) which shall live in Storithes, Haslewood, Bolton Brigg, and Dear Stones, or in some of them. But if there shall be occasion for the Cloathing of or putting out any poor Child or Children Apprentice or Apprentices to pay more than the £7 respectively if any Charitable person or persons shall add to it, It shall not be looked upon as a disparagement to the charity hereby given, which last mentioned £140 I will, shall no the paid to the said Churchwardens and Overseers of the Poor of Bolton Abby aforesaid at one time, but the same shall be paid unto them in such proportion and proportions as they shall have agreed to Cloath and Agreed with Masters or other persons respectively to whom such poor Children are to be put Apprentices and upon the said Churchwardens and Overseers Agreement with any person or persons to put any one or more of the said poor Children Apprentice and Apprentices, They the said Churchwardens and Overseers shall give Notice thereof to my Executors some or one of them and receive of them the money, with which they are to Cloath the said Children respectively and likewise the money, which is to he paid to the respective persons, to whom the said Children respectively shall be put Apprentices and shall in writing give an Account to my Executors of the respective Names, Habitations, Trades, and Employments, of the persons to whom such poor Children shall be put Apprentices, and how long they are to be Apprentices, together with the names of such Children and of their parents (if they have any) or of their near Relations and where they shall then live.

ITEM, I do give unto the Churchwardens of the Parish of St. Andrew Holborn in London Middlesex and wherein I have lived ever since I came to London £10 to be distributed by them amongst the poor there.

ITEM, I do further give unto the said Churchwardens £200 to be laid out by itself, or with other moneys in one or more purchase or purchases of tenements or hereditaments the profit and Rent or Rents whereof, to be applyed towards the maintenance of the Poor of the Parish of St. Andrew Holborn. The said £200 to he paid by my Executors upon executing the Conveyance or Conveyances to be made upon such purchase or purchases.

ITEM, I do further give unto the said Churchwardens of the said Parish of St. Andrew Holborn £140 to Cloath and put out 20 poor Children born in the Parish (viz.) £7 each child and no less or more Apprentices (one out of a family and no more) and who shall live in the same Parish but if there be occasion for the Cloathing of and putting out of any poor Child or Children Apprentice or Apprentices to pay more than £7 respectively if any Charitable person or persons shall add to it, it shall not be looked upon as any disparagement to the Charity hereby given, which said last mentioned £140 I will, shall not be paid the said Churchwardens of the said Parish of St. Andrew Holborn at one time, But that the same shall be paid to them in such proportion and proportions as they shall have Agreed to Cloath and Agreed with Masters and other persons respectively to whom such poor Children are to be put Apprentices and upon the said Churchwardensí Agreement with any person or persons to put any one or more of the said Children Apprentice and Apprentices, They the said Churchwardens and Overseers shall give Notice thereof to my Executors some or one of them and receive the money with which they are to Cloath the said Children respectively, And likewise the money which is to be paid to the respective persons to whom the said Children respectively shall be put Apprentices and shall in writing give an Account of the respective Names, Habitations, Trades, and Employments, of the persons to whom such poor Children shall be put Apprentices and how long they are to be Apprentices, together with the Names of such Children and of their Parents (if they have any) and of their near Relations and where they shall then live.

ITEM, I give to Sir Charles Ingleby, Win. Hall, Serjeant at Law, John Anstis Esqre. Humphry Hetherington Esqre., Joseph Offley Esqre., John Chamberlaine Esqre., Gilbert Horsman Esqre. and Mr. George Holmes, Mr. Peniston Lamb, Mr. Wm. Brown of Lombard Street, Mr. Wm. Baxter, Mrs. Elenor Jackman and the said Richd. Wright and Stephen Catterson and his wife I give to each of them a Ring of the value of 20s.

ITEM, All and every my lands tenements and hereditaments whatsoever whereof or wherein I the said Silvester Petyt or any other person or persons, In Trust for me is or are seised of any Estate of Inheritance with their and every of their appurtenances, And also all my messuages lands tenements and hereditaments whereof or wherein I, the said Silvester Petyt or any other person or persons, In Trust for me is or are possessed of any Estates for any term or number of years with their and every of their appurtenances situate lying and being within the town and Parish of Skipton aforesaid, And also in the Towns of Sturton and Hetton or elsewhere in the West Riding of the said County of York, And one messuage or tenement within the City of York, I do give and devise to the said Stephen Catterson his heirs executors and administrators for ever.

ITEM, I do forgive to Ishmaell Bone all such sum and sums of money which now are or shall he due and owing by him to me at the time of my death. And I will that his Bonds and Notes for payment of money to me be delivered to him to be cancelled. And I do also give him £20 to be paid unto him within one year next after my death.

ITEM, I do give £30 to Mary Bone Wife of the said Ishmaell Bone to be paid to her own hands or to such person or persons as she by any writing and writings under her hands shall direct nominate or appoint, and not to any other person or persons and to be paid within one year next after my death, and the Receipt of the said Mary Bone alone or of such other person or persons whom she by such writing or writings as aforesaid shall direct nominate or appoint, to receive the said £30 shall be my Executorsí sufficient discharge, the said £30 being given by me unto her to put her into some way of Livelyhood and that the same shall not be lyable to the debts or coutroul of her Husband.

ITEM, I give unto the Principal and each Member which shall be of the Grand Company of Barnardís Inn at the time of my death one ring of the value of 12s.

ITEM, I give to the Steward, Porter, Butler, and Kitchen Woman of Barnardís Inn, which shall be such at the time of my death, l0s. apeice, and to my then Laundress 20s.

ITEM, I do Give unto John Hooper, if he shall be living with me and be my Clerk at the time of death, £5 and also £5 to buy him mourning.

ITEM, I do give £100 to be laid out in a purchase to be made in Fee Simple of some lands and hereditaments in the name and names of the Churchwardens of Skipton aforesaid, In Trust that the Rent and profit thereof shall be applyed for buying coals and other necessarys for the well keeping of the Library erected by me in the Church of Skipton.

ITEM, I do give unto my Executors £300 to be, by them or any two or the survivor of them, laid out in one or more purchase or purchases, in purchasing in Fee Simple one house messuage or tenement, situate and being in or near Storithes aforesaid, where I was born, or in or near Hazlewood aforesaid, sufficient and fitting for a House and Schoolhouse. And also lands and hereditaments which I Will, shall be purchased in the name or names of the Churchwardens of Bolton Abby aforesaid, for the time being, when such purchase or purchases shall be made, In Trust nevertheless (that is to say) that part of the said house messuage or tenement shall be for the dwelling or habitation for a Schoolmaster and other part thereof for a School wherein to teach Children, And that all the said house messuage or tenement lands and hereditaments shall he for a maintenance for the Schoolmaster and Schoolmasters from time to time for the time being who shall be respectively obliged to repair the said house messuage or tenement at his and their respective costs and charges and shall teach such Children to read and also when fitting or desired to write. The care and settlement of the said house messuage or tenement land and hereditaments and for appointing a Schoolmaster or Schoolmasters from time to time and for removing or turning him or them out from being Schoolmaster or Schoolmasters for his or their negligence or misbehaviour, And also for making Orders for the good government of the Schoolmasters and Schollars from time to time for the time being and for repairing the said house messuage or tenement, I commit to my Executors to act therein as they shall see convenient and after their deceases to the Churchwardens of Bolton Abby aforesaid from time to time for the time being. And if it shall happen that a purchase or purchases cannot be had for the said sum of £300, Then I will, if there be occasion, that out of my Estate there shall be so much more added to the said £300, not exceeding £10, as will make up the purchase money of such intended purchase or purchases. Provided always, And it is my Will, and I do Will and direct, that if the said Mary Paley, Thomas Battersby, Sarah Battersby, Margaret Blakey, Mary Blakey, Margt. Battersby, Eliz. Battersby and the Mother of John Battersby and Eliz. Battersby, Ishmaell Bone, Mary Bone or any of them or any to whom I have hereinbefore given any Ring or Rings shall depart this life before my death, Then I Will, that the Legacy and Legacys of him her and them so departing this life before my death, shall not be paid or delivered, but the same shall be and shall be taken to be part of my residuary estate, anything herein contained to the contrary thereof in anywise notwithstanding.

ITEM, As to my funeral, if it please God that I shall dye in London or within 20 miles thereof, I do Order and direct that my Body may he brought into Barnardís Inn Hall before my Interment, in order thereunto. But I will, not that any of the Managers or Undertakers of Funerals, as they are called, shall be employed or any Cloth or Escucheons hung up either in the Hall or in the Church, But there shall only be in the Hall a Pall over the coffin and as many Escucheons as is usual in such cases. I desire, I maybe buried between 3 and 4 of the Clock in the afternoon at latest, and the Pall held up by the Principal and 6 of the Antients of Barnardís Inn (if in Town).

ITEM, As to and for all the rest and residue of my Goods chattels and personal Estate whatsoever which I shall dye possessed of or interested in or entitled unto, in Law or Equity, my Will is, and the same and every part thereof, when my debts funeral charges, charges of the probate of this my Will, and Legacys herein given and such as I shall, express devise or give, in or by any Codicil or Codicils to be annexed to this my Will, which I do hereby declare shall be taken as part of my Will, shall be fully satisfyed and paid, shall belong to and come unto my worthy friends, John Anstis Esqre. the said Gilbert Horsman, Peniston Lamb, of Lincolnís Inn, Gentleman, Charles Bayliffe, of the Six Clerks Office, Gent. Richd. Wynne of Barnardís Inn London, Gent. and George Holmes Gent. Deputy to the Keeper of the Records in the Tower of London, my Trustees and their Successors, which Successors are from time to time to be elected as hereafter mentioned, and when elected, are and shall be my Trustees to he by them laid out and employed from time to time in purchasing lands and hereditaments of Inheritance in the name or names of them, or the Successors of them or any of them for the time being, when such purchase and purchases shall be made and to be settled for such Charitable uses as hereafter is are or shall by me be directed and appointed, and until such purchases can be made and after such shall be made, I do direct and appoint that my Trustees and their Successors, for the time being, shall by with and out of the interest rents issues and profits of the said rest and residue of my Estate and by with and out of the interest rents issues and profits of all such Estate and Estates that shall be purchased therewith, or with any part or parts thereof yearly, for ever pay, and allow unto such person or persons as my Trustees or their Successors shall from time to time see fitting to be Receiver or Receivers of the Interest Rents issues and profits of the said rest and residue of my Estate, and of the interest rents issues and profits of any Estate, that shall hereafter be purchased with the same rest and residue or any part or parts thereof, or which at any time or times hereafter shall be received by reason thereof, or of any part or parts thereof by New Securitys, by any new Mortgage or Mortgages, or otherwise howsoever, the sum of £10 of lawfull money of Great Britain, to be paid to such Receiver or Receivers respectively at the four most usual Feasts of the year (that is to say) the Feast of St. Michael the Archangel, the Birth of our Lord God, The Annunciation of the Blessed Virgin Mary, and the Nativity of St. John Baptist, by even and equal portions so as such Receiver or Receivers respectively do give security by Bond to my said Trustees or their Successors for the time to answer such moneys as shall be received by him and them respectively, there being to be no more than one Receiver at one time. And I Will direct and appoint, that my Trustees or their Successors for the time being shall allow yearly the sum of £10 to such person or persons who shall be Bayliffe or Bayliffes to be appointed by the said Receiver or Receivers respectively and approved of by my said Trustees or their Successors for the time being, for the better assisting my Trustees and about receiving the rents, letting, to farm and the Estate to be purchased as aforesaid, and bringing in of the rents thereof to the said Receiver or Receivers, for the time then being, to be no more than one Bayliffe at one time. And my further Will and meaning is, And I do direct and appoint such Bayliffe or Bayliffes, to be appointed and approved of as aforesaid, shall give Security by Bond to my said Trustees or their Successors for the time being, faithfully and truly to collect the rents of the Estate to be purchased as aforesaid, and to return the same to the Receiver and Receivers for the time being, and to be carefull to see that the tenements hereditaments and premises so purchased are and shall be kept in good repair, And to perform all other matters belonging to the Office and duty of a Bayliffe. And my Will is, And I do direct and appoint, that the said Bayliffe and Bayliffes, shall net pay any sum or sums of money whatsoever to any person or persons whatsoever, but only to the Receiver or Receivers for the time being, except to such person or persons to whom such Receiver or Receivers shall appoint to receive the same, which Receiver so appointing shall be answerable to the Trustees for the moneys which such person or persons or Bayliffe or Bayliffes shall by such Receiverís appointment so pay, Nor shall any Receiver presume to pay any money so received by him from the said person or persons Bayliffe or Bayliffes, or otherwise being any part of the Estate so to be purchased, or which the Receiver shall receive of any part of my Estate, or of the increase interest or profits thereof not laid out and employed in purchasing as aforesaid, to any person or persons whomsoever, but only to my Trustees at their two General Meetings three of them at least being then present. And in case the Receiver and Receivers or any of them shall presume to dispose or pay any money in anywise to any person whatsoever, but only by Order and direction of my Trustees, that he and they so paying the same be then required immediately to repay the said money to my Trustees and be admonished for the future not to do the like. And upon the like offence to be dismissed. And my Will is, and I do desire direct and appoint, that my Trustees or at least three of them, until and after my debts, funeral charges, charges of the Probate of this my Will and Legacys herein given, and such other Legacys and Payments which I shall express devise give or order in any Codicil or Codicils to be annexed to my Will, which I do hereby declare shall be taken as part of my will, shall be fully satisfyed and paid, shall and will 2 times in every year, yearly meet in any place or places they shall think fit to appoint from time to time on the days hereinafter mentioned for the purposes hereinafter mentioned, at which respective Meetings I Will direct and appoint that the Receiver and Receivers, from time to time, shall in writing under his and their hand and hands Give and Deliver an Account to the Trustees of all such sum and sums of money which he they and the Bayliffe and Bayliffes have or bath received of or for the interest rents and profits of the Estate which at any time after my decease, shall be in Trust as aforesaid since his and their last account, And also what interest and profits of such Trust Estate are or is remaining due and unpaid, and how much and by whom respectively due and to he paid, And also how much money (all charges and expences touching the same being deducted) doth remain in the hands of the respective Receiver and Receivers making such account and accounts at the time of the making and delivering thereof. And I Will direct and appoint that by with and out of such money which shall from time to time so remain in the hands of such Receiver and Receivers upon such respective accounts there shall, after my debts funeral charges, charges of the probate of this my Will and Legacys herein given and such other Legacys and Payments which I shall express, devise, give or order in any Codicil or Codicils to be annexed to my Will, which I do hereby desire shall be taken as part of my Will, shall be fully satisfyed and paid by the Order and direction of the Trustees for the time being or by the Trustees if they shall have the moneys which did remain in the hands of the said Receiver and Receivers or any of them upon such their respective Accounts yearly and every year for ever, be paid unto the Master or Keeper Fellows and Schollars of Christís College in the University of Cambridge, the sum of £20 of lawfull money of Great Britain, without any deduction out of the same for any Taxes or other matter whatsoever, on the 4 most usual Feasts or days of payment in the year (that is to say) the Birth of our Lord God, The Annunciation of the Blessed Virgin Mary, the Nativity of St. John Baptist, and St. Michael the Archangel, by equall portions, The first payment to begin and he made on such of the said Feasts or days of payment which shall happen two years next after my decease, for an Augmentation of the Maintenance of such Schollar and Schollars which is or shall be admitted into, or of the said College and who bath been, or shall be, Schollars of the Free Grammar School of Skipton aforesaid, in manner following (that is to say) if there shall be one such Schollar, there shall be paid to such Schollar £6 13s. 4d. and if two such Schollars there shall be paid to them £13 6s. 8d. to be equally divided between them, And if there shall be 3 Schollars, there shall be paid to them the whole sum of £20, equally to be divided amongst them, And for Want of three such Schollars and Schollar or one or two of them, the money that should have been paid to them respectively until there shall be such Schollar and Schollars respectively admitted into the said College to make up the said number of 3 Schollars, the said Master and Keeper Fellows and Schollars may dispose of such part or parts of the said £20, which ought to have been allowed to the Schollar and Schollars formerly of the said Grammar School, for the Augmentation of the Maintenance of some other poor Schollar or Schollars of the said College as they shall think fit, for so long time as there shall not be any Schollar or Schollars which is, was, or were of the said Grammar School, which ought or are to have a proportion of the said £20, and no longer, And then the benefit of such Augmentation shall again be had by the Schollar and Schollars that now is, or formerly was, and hereafter shall be, of the said Grammar School, who shall be admitted into or of the said College according to time proportion and in manner as aforesaid, immediately and respectively to commence from the said last most usual Feasts or days of payment immediately before the time of his or their admittance into the said College respectively. And I do further Will direct and appoint that upon my Trustees meeting together to Examine and Audit the Accounts the overplus of the money which, after my debts funeral charges, charges of the probate of this my Will, and Legacys herein given and such other Legacys and payments which I shall express devise give or Order in any Codicil or Codicils to be annexed to this my Will, which I do hereby declare to be taken as part of this my Will, And the said yearly sum of £20 shall from time to time be satisfyed and paid, shall from time to time remain in the hands of the Receiver and Receivers respectively upon his or their account or accounts, or in the hands of the Trustees upon such account or accounts, And I do direct and appoint the same shall from time to time for ever be applied to, and disposed of by my Trustees according to their discretion, to and for procuring poor Children born and to be horn within the Parish of Skipton and within the said Towns and Villages of Bolton Brigg, Beamesley, Storithes, Haslewood and Dear Stones, or some of them, to read and write and to cloath and put such of them Apprentices as they or the greater number of them for the time being shall from time to time think fit, And to do other acts of Charity as they the Trustees or the greater number of them for the time being shall think fit, so far as the said Interest, Rents, and profits of the Trust Estate (all necessary charges and expenses thereout first to be deducted) will extend. And if any of my Relations and Kindred be Objects of Charity, I hope the Trustees will consider them in the distribution of this Charity. And my further Will is, And I do hereby direct and appoint that the sum of £6 be yearly expended by the said Trustees and their Successors in providing of two dinners every year from time to time for their publick meeting together, to examine inspect and audit the Accounts of the Trust Estate and the due performance of the Donations by the Trustees and their Successors thereout, the 2nd Thursday in Easter, or Michaelmas Terms, which I do hereby request of them to do, And at such their Meeting in case any three of the Trustees shall happen to be dead, that then the survivors of the Trustees or the major part of them shall choose other persons of integrity in the places of those who are dead, and do then and thereupon make Assurances by advice of Counsell learned in the Law, of such Lands and hereditaments which hath been purchased according to the trusts herein declared, to the use of such survivors and the others who shall be chosen in the places of those which shall be dead as aforesaid and their heirs and assigns, Upon the trusts and intents herein declared, to the end the said trusts may be continued to be performned from time to time to the Glory of God Almighty, and the good by me intended for ever. And I do hereby Will declare and appoint that the charges of my Trustees and of their Successors, of all kinds expended in the execution of the trusts relating to the performance of this my Will, and also the charges of the Receivers and Bayliffes about the execution of the aforesaid trust shall from time to time be horn and allowed out of time Interest, Rents, Issues and Profits of the Trust Estate over and above the Salarys allowed or to be allowed to the Receivers and Bayliffes as aforesaid. And I will that all such charges as the Trustees or their Successors or my Executors, any or either of them, shall from time to time necessarily expend in or about the executing of the trusts aforesaid, and which they shall make proofs of by their own Oaths respectively, shall by and out of the rents and profits of the trust estate be fully and justly allowed them. And my further Will and mind is, And I do hereby declare and appoint that if any doubt or dispute shall at any time or times hereafter happen about the exposition or meaning of any words or clauses contained in this my Will, or in any Codicill or Codicills to be made or annexed to the same, the said doubt or dispute shall be drawn into and made a Case, And with my Will and Codicill and Codicills (if any Codicill or Codicills shall be) or true Copys thereof shall be carryed to the Honorable the Master of the Rolls for the time being, or to any Judge or Eminent Lawyer, who shall by the Trustees and Executors, or the major part of them, be humbly desired to give his or their opinion or Judgment upon such cases so drawn up, whose opinion or judgment shall be finall and Obligatory to determine such doubt. And I will and declare also that the opinion and opinions, judgment and judgments, to be given from time to time as aforesaid, shall be finall and binding to determine all differences happening between any persons concerning any matters relating to the trusts in this my Will ordered and declared. And I will that the Receivers of the Interest, Rents, Issues and Profits of the Trust Estate do from time to time yearly in Easter and Michaelmas Terms for ever, at the Publick Meetings of the Trustees or the major part of them, produce his or their Account and Accounts in writing under their hands respectively, to be examined and audited by the Trustees or the major part of theta, And that the signing of his and their Account and Accounts be comprehended and accounted for. And I do further Will desire and direct that if any of the Trustees shall refuse to act in the execution of the Trusts, he be and they shall be, at liberty to Release the said Trusts to the other Trustees who shall thereupon choose others in their places as they are directed to do by this my Will as in case of the death of the Trustees or any of them.

ITEM, I Will that my Trustees and their Successors and my Executors shall not be answerable one for another, and by no means for involuntary Losses and for the miscarriages of any person or persons whom they or any of them shall trust either in receiving or lending of any money which doth or shall belong to the Trustees, or the miscarriages of any purchase or purchases which shall he made, verily believing that the said Gilbert Horsman, and Peniston Lamb will carefully examine the Titles of all such Purchases before they shall be made, And also of such Mortgage and Mortgages upon which any money shall he lent, for which I will and do direct that they shall by, with, and out of the Rents, Interest and Profits of the Trust Estate be paid and satisfyed for their Fees and Care, Notwithstanding their being Trustees and Interested in the execution of the Trusts reposed in them. And in regard, it maybe necessary to have the advice of some persons who live near some of the places in the said County of York where part of this Charity is to be distributed, And to recommend some Purchase or Purchases if any can be had thereabouts, I desire that my very good Friends Henry Currer, of Kildwick, Esqre. and Win. Busfield of Rishworth Hall, Esqre. both in the said County of York, will be pleased to give my Trustees and Executors (if desired) their advice in any purchase or purchases to be made which shall be proposed to them or by them in or near those parts, and how, and to whom, the Charity hereby intended may accordingly to my desire and interest be distributed, And if not rightly distributed how that may be rectifyed. And I do Give each of them a Guinea to buy each of them a Ring.

ITEM, I Will that Mr. John Hill a Proctor of Doctorsí Commons (if living) or his Son (if dead) shall be employed in the Probate of this my Will.

ITEM, I Will that each of the persons who shall be invited and attend at my Funeral shall have a Ring of the value of 12s., And be delivered before I shall be carryed out of the Hall, and not after, neither shall any one have a Ring if he doth not come himself, though he send his Tickett. I will have my Clerk, John Hooper, and the Officers of our Inn (and not Strangers) to be employed about looking after the Hall and attending upon the persons invited unto and during the Funeral. And as to all other the matters which may be handsome and necessary to be done as is usual on the like occasions, I must and do leave it to the discretion and direction of my Executors. And I Will that the last mentioned rings, with the former rings hereinbefore given, shall be made by Mr. Stephen Venables, a Goldsmith, in Lombard Street, in London.

ITEM, I do further give unto the said Stephen Catterson the further sum of £200, And to the said Eliz. Wright the further sum of £100, to be paid unto them respectively within two years next after my decease.

ITEM, I give unto Mary Pettyt, sister of the said Christopher Pettyt, £10, to be paid unto her within 2 years next after my decease.

ITEM, I give unto Christopher Corke and Eliz. Corke, son and daughter of Frances Corke deceased, £30 apiece, to be paid unto them within 2 years next after my decease.

ITEM, I give to Thomas Farrand, the son of my Neice Farrand, he being now or late was, in Mary Land in the West Indies (if he be now living) £20, to be paid to him or his assigns within 2 years nest after my decease.

ITEM, I Will that moneys be called in, that my Debts, Funeral charges, Charges of the Probate of this my Will and Legacys herein given, And such as I shall Express, Devise or Give in or by any Codicil or Codicills to be annexed to this my Will, which I do hereby declare shall be taken as part of my Will, (may as soon as conveniently maybe) be fully satisfyed and paid to the intent that my Trustees hereinbefore named may proceed to, and in the execution of the Trust in them reposed as is hereinbefore mentioned.

AND WHEREAS my said Brother in and by his said Will did give £50 to be laid out for the benefit of the Free Grammar School of Skipton according to my direction and Order. I Will that the said £50, if I do not do it in my lifetime, shall by my Executors be laid out in the purchasing in Fee Simple of some land or hereditaments or a Rent Charge charged upon and to be paid out of some lands or hereditaments the yearly Profits or Rent Charge whereof, I direct and order to be employed to buy Books from time to time for such Schollars of the said School whose Parents are not able to buy them, the said purchase to be made in the names of the Church Wardens of Skipton for the time being at the making of such purchase, In Trust for the purpose aforesaid, And if the profits of the Premisses or Rent Charge to be purchased shall amount to more than shall be laid out in Buying the said Books, I Will that the surplusage thereof shall by the Master of the said School for the time being, be laid out in Buying Books necessary for the Publick use of the said School.

AND I do hereby constitute and appoint the said Peniston Lamb, Charles Bayliffe, and George Holmes, Executors of this my last Will. And I do hereby give to such of my Trustees and Executors, as will take upon them, the said trust and Executorship for their care and pains to be taken in the execution of this my Will, £30 apiece.

ITEM, I do give unto Wm. Wright son of Richard Wright, and Elizabeth his Wife, All my printed Books of Law Presidents and Entries wherein are written or entered Declarations or other Pleadings in Law, Also all Tables and in Manuscript of Declarations and Pleadings.

ITEM, I do give unto the said John Hooper the further sum of £10, And I do also give unto my said Laundress Anne Legge the further sum of £10, and do forgive her husband the money he oweth me upon his Bond, And I Will that his Bond shall be delivered to him to be cancelled. And I do also forgive Christopher Corke and George Tomlinson the money which they owe me by their Bond, And I Will that their Bond shall he delivered to them or either of them to be cancelled. And I do also forgive Christopher Hunter, who marryed my Neice Corke, the money which be oweth me by his Bond, And I will that his Bond be delivered to him to be cancelled.

AND WHEREAS by an Indenture 3 partite made the 23rd day of March in the 3rd year of the Reign of Our Sovereign Lord King George, between Richd. Wright of Rotherith, alias Rederiff, in the County of Surry, Joyner, and Eliz. his Wife, of the 1st part, and Mary Jewell of Margett, in the County of Kent, Widow, of the 2nd part, and the said Peniston Lamb, of the 3rd part, Reciting as therein is recited, In consideration of the sum of £300 of lawful money of Great Britain to the said Mary Jewell, by the said Peniston Lamb paid, the said Mary Jewell did convey sell and confirm unto the said Peniston Lamb and his heirs, the messuages or tenements and hereditaments in the said recited Indenture 3 partite mentioned, To Hold to the said Peniston Lamb his heirs and assigns for ever, Subject to a proviso that if Richard Wright and Elizabeth his wife, or either of them, should pay to the said Peniston Lamb the sum of £315 as therein is mentioned, Then Peniston Lamb shall Reconvey the premisses unto Richard Wright his heirs and assigns, which said £300 paid by the said Peniston Lamb as aforesaid was my proper money, and the name of the said Peniston Lamb was used in the said indenture 3 partite, In Trust for me, as by the said Peniston Lambís declaration of Trust dated the said 23rd day of March in the 3rd year of the Reign of his said Majesty King George appears, which said £300 I Will shall be taken to be part of my Residuary Personal Estate.

IN WITNESS whereof, to two of these writings each containing 25 sheets of paper and both of one Tenor, and each of them purporting my last Will and Testament, I the said Silvester Petyt, have to every one of the precedent 24 sheets Set my hand, and to this last sheet Set my hand and seal, and also my seal to the Ribbon which fixes all the said sheets together on the Top, the 23rd day of May in the year of Our Lord Christ 1719, and in the 5th year of the Reign of Our Sovereign Lord George by the Grace of God of Great Britain, France, and Ireland, King Defender of the Faith.

 

SILV. PETYT.

 

SIGNED Sealed Published and Declared by the above named Silvester Petyt, for and as his last Will and Testament, in the presence of us, who as witnesses of the same, have at his request and desire and in his presence subscribed our names.

CHRISTOPHER BATEMAN.

THOMAS ATKINSON.

HEN. BOSVILE.

 

 

 © Angela Petyt 2001. All rights reserved.

 Permission is granted for all free personal and non-commercial uses.

Commercial use of any portion contained herein is expressly prohibited.

 

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