Francis SMITH of Carlesmoor 1737, Will, Bond and Tuition Bond

Last Will and Testament of Francis SMITH of Carlesmoor, dated 10th April 1737.

In the name of God Amen the tenth day of April In the year of our Lord one thousand seven Hundred thirty and seven of Francis Smith of Carlesmoore Within the County of York yeoman Weak in Body butt sound in mind and perfect in memory Praised be allmighty God for the same and calling to mind the Uncertainty of this Transitory Life here on Earth and thatt all flesh must yeild unto Death when itt Shall please God to Call and minding to sett in order my Worldly Estate and such things as itt hath pleased God to Bestow uppon me in this World Do make and ordaine this my last Will and Testament Revoake and Adnulling by these presents all Will and Wills Testament and Testaments by me formerly made Either by word or writing and this only to be taken for my last Will and Testament and no other

And first and principally I committ my soul to God my maker hoping to be saved by the precious Death and Passion of Jesus Christ my onely savior and Redeemer and my body to the Earth from whence itt was taken to be Buried in Christian Buriall And as for my worldly estate I give and Dispose the same as followeth Imprimis

I give and Bequeath unto John Smith my son and Heir all my lands in Carlesmoor and Likewise my Lands in Ringbeck with apurtanances and to his Executors administrators and assigns with all Buildings Barnes houses thereunto Belonging to enter to the same when he shall attain to the age of twenty one years

Ittam I give and Bequeath unto my Daughter Isabell Smith one Hundred pound
Ittam I give and Bequeath unto my Daughter Deborah Smith one Hundred pound
Ittam I give and Bequeath unto my young son Francis Smith the sum of one hundred and sixty pound to be paid when he shall attain to the age of twenty one years of age and as for my household goods I do give and bequeath to my two Daughters Equally Betwixt them and as for my husbanry gear I do order thatt my son John and Francis shall have them Equally Betwixt them Likewise I do order thatt my son John Smith shall Be my Heir and sole Executor and to have all my quick Goods and Bills and Bonds whatt ever and to pay all my Legasies which I shall charge him with here Likewise I do order thatt my son John Smith shall nott pay them till he shall attain to the age of twenty one years

Likewise I do Apoint thatt my two sons Betwixt themselves thatt can agree my son Francis Smith shall have thatt piece of land att Ringbeck at one Hundred and Forty pound If my son John Smith Be Willing to sign and to itt and that my son John Smith if they do so agree shall pay unto my son Francis Smith Twenty pound out of the saide Lands att Carlesmoore aforesaid

Likewise I do further Institute an ppoint thatt John Clarkeson of Asenby in the parish of Toplif Yeamon and Ralph Horsmond of Ilton in the Parish of Masham Tanner supervisors and Trustees to see thatt this my will and and Testament be Justly and truly Executed to the true Intent and meaning hereof appointing my Executor to give them sufficient pay and Riding Charges for whatt they do aboute the Executing hereof

And further I do order that if my son John Smith happen to dy Before he become to the age of twenty one yeares thatt my my son Francis Smith shall have all the saide Lands In Carlesmoore and Ringbeck Paying unto my two Daughters Each of them forty pound apiece when he shall come to the Age of twenty one years and If itt hapen thatt my Daughters dy before they shall come to the age of twenty one years thatt the other thatt is living shall have forty pound of hir portion when my son shall attain to the age of twenty one years and the other sixty pound my two sons shall have equally Betwixt them thirty pound apiece

In Witness whereof I have hereunto putt my hand and seal the day and year above Written

Francis Smith

Stephen Smithyes ?
John Burrill
John Cundall

23rd April 1737 – the within named Ralph Horseman John Clarkson appeared
& was Sworn Duly to administer for the Use? of John the Executor & So forth
before me Goodricke Ingram

Know all men by these presents that we Ralph Horseman of Ilton in the County of York Tanner John Clarkson of Asenby in the s’d County Yeoman and firstly? Bound and Obliged to the Reverand John Hackett Doctor of Divinity & Comissary of the Peculiar District Jurisdiction of Masham lawfully Constituted in the Sume of one thousand pounds of good and lawful money of Great Britain to be paid to the said John Hackett his certain Attorney Executors Administrators or Assigns to the which payment well and truly to be made We bind ourselves and each of us jointly and severally for and in the whole Our and each of Our Heirs Executors and administrators and each of them firmly by these presents Sealed with Our Seals dated the 23rd day of the month of April in the year of Our Lord One thousand Seven hundred and thirty seven

The Condition of this Obligation is such that if the above bound Ralph Horseman and John Clarkson do well and truly Educate and bring up in the fear of God and in the Doctrins and Disciplins of the Church of England Isabell Deborah John Francis the naturall and Lawful children of Francis Smith late of the Parish of Kirby Malzeard Deceased and all the Goods Credits and Chattells Rights and Debts whatsoever which are or hereafter shall be due unto them by any lawful means do Setforth and employ to the Cost Comodity and profit of the Children according to the Effect of Letters of Tuition to them in that behalfe lawfully granted And all their lawful Suites and Causes whatsoever do prosecute Sollicite and follow when and as often as need shall require and in the mean Time do find or Cause to be found the said children with Sufficient Meat Drink Cloathing washing and all other necessaryes whatsoever And Moreover to pay or Cause to be paid unto the said Children when they shall come to full age or for Time to marry or at such Time or Times as the above named John Hackett or other Judge Competent in that behalfe shall limit and appoint all such sume or sumes of Money as shall be due unto them And Moreover do render a just true Account unto the said John Hackett or other Judge Competent in that behaldfe when and as often as need shall require then this present Obligation to be void or else to remain in full force power and Vertue

Signed Sealed and Delivered
in the presence of us

Ralph Horsman
John Clarkson
William Horsman
Step’n? Smithyes?

23rd April 1737. Smith Francis late of Carlesmoor – Will, Bond and Tuition Bond

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