Wills
Gunnerside and Upper Swaledale
 
Kearton, Cherry of Thwaite
 
This is the last Will and Testament of me Cherry Kearton of Thwaite in the Parish of Grinton in the County of York I give all my real and personal estate unto James Harker of West Stonesdale Colliery Agent and John Dunn Draper and grocer their heirs executors and administrators upon trust to sell and convert into money such real and personal estate as I shall direct with this Proviso that

my dear wife Margaret Kearton shall have all my household furniture plate china glass linen books and other housekeeping provisions I also give and bequeath to my dear wife Margaret Kearton my wearing apparel and linen And

I direct the said Trustees as soon as may be after my death that they shall sell all my stock farming and dairy utensils carts and gears saddles and bridles and shall pay out of the same money all my just debts and funeral expenses and all other expenses in the proving of this my Will and the rest if any to be invested in the name of my said Trustees

I also direct my said Trustees after my death they shall let my farm situate in the Hamlet of Thwaite for such a rent as they shall fix upon or such a rent as it will give and that they shall pay out of the rents my mortgage yearly interest

I also direct my Trustees that they shall pay to my dear wife Margaret Kearton out of the said rents the sum of Five shillings per week as long as she shall live and my Trustees shall pay my dear wife Margaret Kearton the said sum of Five shillings per week half yearly or at the time when they shall receive the half years rents

I also direct after the death of my dear wife Margaret Kearton my Trustees shall sell all my property situate in the Hamlet of Thwaite to the best bidder And after paying all just debts if any and mortgage money and all expenses incurred in the execution of shuch [sic] sale or sales and having paid themselves with all needful and reasonable expenses in the execution of this my Will the rest of the money shall be divided amongst my children or their heirs in the following sums

I give and bequeath to my daughter Hannah the wife of George Clarkson the sum of Fifty pounds
I give and bequeath to my daughter Elizabeth the wife of Simon Whitfield the sum of Fifty pounds
I give and bequeath to my daughter Margaret the wife of Christopher Unwin [?] the sum of Fifty pounds
I give and bequeath to my daughter Ann the wife of Joseph Alderson the sum of Fifty pounds
I give and bequeath to the heirs of my daughter Annas deceased the wife of William Alderson the sum of Fifty pounds to divided amongst them share and share alike
I give and bequeath to the Heirs of my daughter Mary deceased the wife of James Grame the sum of Fifty pounds but to be paid to them by my said Trustees in five years in the sum of Ten pounds per year

I also direct that the said Trustees shall pay all the money they have left or the money remaining after paying the said legacies from such sale or sales and from the rents if any to my three sons namely Cherry Kearton John Kearton and George Kearton to be divided amongst them in equal shares share and share alike And

I appoint the said James Harker West Stonesdale and John Dunn Muker to be Executors of this my Will In Witness whereof I have hereunder set my hand this 9th day of March in the year of our Lord one thousand eight hundred and seventy eight

Cherry Kearton

Signed by James Harker West Stonesdale Colliery Agent as the last Will and Testament of the said Testator in his presence and by his direction in the presence of us present at the same time who at his request in his presence and in the presence of each other have subscribed our names as witnesses

John Bonsfield of Thwaite Farmer
John Pounder of Thwaite Miner

Proved in the District Registry at York of the Probate Division of Her Majestys High Court of Justice on the third day of May 1878 by James Harker and John Dunn the Executors therein named

Effects Sworn under £300
Testator died 3rd April 1878

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