Gunnerside and Upper Swaledale
Spensley Newton, James of Lodge Green

This is the last will and testament of me James Spensley Newton of Lodge Green Gunnerside in the Township of Mellbecks Parish of Grinton and North Riding of the County of York Gentleman made the thirty first day of August in the year of Our Lord One thousand eight hundred and sixty nine

I hereby appoint Mr. James Clarkson of Winterings in Melbecks and Mr. William Woodward in the Township of Muker and Hamlet of Satron all of the Parish of Grinton aforesaid the Executors of this my last Will and Testament And I give to my said Executors my Copyhold Estate known by the stile and title of Winterings situate near Gunnerside aforesaid and also the Dwellinghouse at Gunnerside in which I now reside with all the priviliges and appurtenances belonging to each of my said properties all my household furniture goods and chattels and all money and property - whatsoever and of whatever kind belonging to me at the time of my decease or which may or ought to belong to me In trust nevertheless for the following purposes that is to say

I give to my daughter Ruth Clarkson Widow now of Winterings one third share of the yearly income of all my estate during and for the whole term of her natural life

to the children of my late daughter Elizabeth Woodward I give one third share of the yearly income of my said estate

And to my Daughter Mary Ann Metcalfe Widow now of Gunnerside I give the remaining third share of the Income of my said estate during the lifetime

and at the decease of any of my said daughters I desire my Executors to pay to the Guardians of the children of such daughter or daughters so deceased the share of the income of my said property which should have been paid to their mother the female children of my daughter Ruth Clarkson to receive the share of their mother for their joint benefit should their mother die before the final division of my property and affects

And after the death of all my daughters named above and when the youngest of my present Grandchildren shall have attained the age of twenty one years then I desire my executors to sell to the best advantage all my property within twelve months allowing any of my grandchildren to have the preference of purchase if they desire it as I would wish them to do if they find it convenient

And after paying all my just and lawful debts my funeral expenses the proving of this my last Will and Testament and the expenses attending the sale of my property then I desire the whole of the money arising out of all my estate and effects to be equally divided amongst my present grandchildren who may then be alive share and share alike with this exception namely that only the daughters of my daughter Ruth Clarkson shall take their share and not the sons of the said Ruth Clarkson the said sons having their late father's property amongst them to the conclusion of their [ ? ]

And this I declare to be my last Will and Testament In Witness whereof I have herewith set my hand the day and year first above named and written in the presence of the two subscribing Witnesses

James Spensley Newton

We the undersigned have attested the execution of the foregoing writing by James Spensley Newton by him signing the same in the presence of us who in his presence at his request and in the presence of each other all being present and signing at one and the same time have hereunto subscribed the same as witnesses this thirty first day of August in the year of our Lord One thousand eight hundred and sixty nine.

William Sunter Gunnerside
John Boyd Low Row

[James Spensley Newton was the illegitimate son of a Ruth Spensley, and he married Margaret Hugill. He sometimes appears as Spensley, later as Newton.]