Thomas SHAW of Laverton. Will dated 1845
Last Will and Testament of Thomas Shaw of Laverton, dated 20th May 1845
Transcribed by Sheila K Douglas
This is the Last Will and Testament of me Thomas Shaw of Laverton in the Parish
of Kirkby Malzeard in the County of York, Weaver, made and published by me this
twentieth day of May in the year of our Lord One thousand eight hundred and forty five
in manner following, that is to say
I give unto my wife Elizabeth Shaw for the use of her life my clock dresser and
delf case she committing no willful damage and after her decease I give the same
unto my son John Shaw
I give unto my said son John Shaw my desk oven grate and fixtures
All the remainder and residue of my household furniture I give and bequeath unto my
said wife Elizabeth Shaw her executors administrators and assigns
I give devise and bequeath unto and to the use of my daughter Margaret Varley
(but subject and chargeable nevertheless with the payments hereafter mentioned)
All that messuage or dwelling house with the garden and appurtenances thereunto belonging situate on the North side of the town street of Laverton in the said County
now in the occupation of James Wood as tenant to hold to her for and until my
grandson Thomas Varley (her son) attains the age of twenty one years and in case
of his death before he attains the age of twenty one years to hold to her my said
daughter Margaret Varley for and until my grand daughter Elizabeth Varley
(her daughter) attains the age of twenty one years
I give devise and bequeath unto and to the use of my said Daughter Margaret
Varley (subject and chargeable nevertheless with the payments hereinafter
mentioned) All those three fields closes or parcels of land with appurtenances which
I some time ago purchased of the late Peter Young and known by the name of
Plant? Deep Gill situate at or within the township of Laverton in the said County to
waste therein and from and after her decease I give devise and bequeath the same
three fields closes or parcels of land with appurtenances situate at or within the
township of Laverton aforesaid which I purchased of the late Peter Young unto and
to the use of my grandson Thomas Varley to hold to him his heirs executor administrators and assigns for ever (charged and chargeable nevertheless with the payments hereinafter mentioned)
I give devise and bequeath unto and to the use of my said grandson Thomas Varley when he attains the age of twenty one years All that messuage or dwelling -
houses garden and appurtenances situate on the North side of the township of
Laverton aforesaid now in the occupation of James Wood (and hereinbefore
devised to my daughter Margaret Varley for a term) to hold to him his heirs executor administrators and assigns for ever and in case of his death before he attains the age of twenty one years without leaving lawful issue then I give devise and bequeath the same messuage or dwelling house and garden and appurtenances
situate at Laverton aforesaid unto and to the use of my said
grand daughter Elizabeth Varley her heirs executors administrators and assigns
when she attains the age of twenty one years
I give and bequeath unto my said grand daughter Elizabeth Varley her executors
administrators and assigns the legacy or sum of one hundred pounds to be paid to
her by my said grandson Thomas Varley at the expiration of twelve calendar
months and after the decease of my said daughter Margaret Varley (their mother)
she having attained the age of twenty one years and I do hereby expressly charge
and make chargeable the said messuage or dwelling house lands and premises hereinbefore devised to my said grandson Thomas Varley with the payment of the
said legacy And in case of the death of my said grand son Thomas Varley and my
said grand daughter Elizabeth Varley under the age of twenty one years without
leaving lawful issue, then in that case after the decease of my said daughter Margaret Varley I give and devise the same messuage or dwelling house lands
hereditaments and premises situate at Laverton aforesaid one moiety or half part
thereof unto and to the use of my son John Shaw his heirs and assigns and the other moiety or half part thereof unto and to the use of the child or children of my
daughter Elizabeth Nicholson share and share alike as tenants in common in
fee and not as joint tenants
I give devise and bequeath unto and to the use of my son John Shaw his heirs
executors administrators and assigns (but subject and chargeable nevertheless with
the payments hereinafter mentioned) All the remainder and residue of my messuage
lands hereditaments and real estate situate at or within the township of Laverton in
the said County or elsewhere with the rights members and appurtenances whatsoever
to the said premises appertaining or belonging together with the residue and
remainder of my goods chattels personal estate and effects whatsoever and
wheresoever unto and to the use of my said son John Shaw his heirs executors administrators and assigns for ever
I give devise and bequeath unto my said wife Elizabeth Shaw the annuity or
yearly sum of twenty four pounds during her life to be paid to her by four equal
quarterly payments in each year the first of such payments to commence and be
made three calendar months next after my decease And I do hereby charge all my messuage or dwelling house and all those three fields closes or parcels of land with
the appurtenances situate at or within the township of Laverton aforesaid
hereinbefore devised to my daughter Margaret Varley and my
grandson Thomas Varley with the payment of nine pounds part of the said
annuity
And all the remainder and residue of my messuages lands hereditaments and real
estate situate at or within the township of Laverton in the said County or elsewhere hereinbefore devised to my son John Shaw with the payment of the remaining
sum of fifteen pounds the residue of the said annuity or the sum of twenty four
pounds And it is my will and mind that in case the said annuity of twenty four
pounds or any part or parts thereof shall be in arrear and unpaid by the space of
twenty one days next after any of the days or times whereas the same shall be due
and payable and ought to be paid as aforesaid that then and so often it shall and
may be lawful to and for my said wife Elizabeth Shaw to enter into and distrain
upon the said premises wherein such part of the said annuity as shall be in arrear
is charged as heretofore is mentioned and to dispose of the distress and distresses
then and there found according to law applicable in such cases to the intent that
thereby the said annuity or yearly sum of twenty four pounds and every part
thereof then in arrear and all costs charges and expenses occasioned by the
non – payment thereof may be fully paid and satisfied
I give and bequeath my daughter Elizabeth Nicholson the annuity or yearly sum
of five pounds to be paid to her by my said son John Shaw by two half yearly
payments in each year the first of each payment to be made six calendar months
next after the decease of my said wife Elizabeth Shaw
And it is my Will that the said annuity of five pounds hereinbefore given to my
said daughter shall be for her sole and separate use and shall not be liable to the
debts or control of her present or any after taken husband and that her receipt
alone shall be a sufficient discharge for the same and it is my will and mind that
in case my son in law John Nicholson should survive my said daughter
Elizabeth Nicholson (his wife) then and in that case I give and bequeath unto
him for the remainder of his life the annuity or yearly sum of Three pounds to be
paid by my said son John Shaw by two half yearly payments in each year the
first of such payments to be made six calendar months next after the decease
of my said daughter Elizabeth Nicholson (my said wife Elizabeth Shaw also
being deceased)
I give unto and equally amongst the children of my said daughter
Elizabeth Nicholson the legacy or sum of one hundred pounds to be paid to them
by my said son John Shaw at the expiration of twelve calendar months next after
the decease of my said daughter Elizabeth Nicholson and the decease of my said
son in law John Nicholson and to be vested interests in them respectively or their attaining their respective ages of twenty one years with benefit of survivorship
And I do hereby expressly charge and make chargeable all the remainder and
residue of my messuages lands hereditaments and real estate situate at or within
the township of Laverton in the said County or elsewhere hereinbefore devised
to my said son John Shaw with the payment of the said annuities and legacy
with like remedies for raising the same in case of non – payment as are
hereinbefore given with respect to the annuity to my said wife Elizabeth Shaw
Provided as soon as my grandson John William Nicholson pays off the sum
of one hundred pounds which amount I have become security with him for I the
in that case bequeath the annuity of ten pounds to be paid to my daughter
Elizabeth Nicholson instead of the annuity of five pounds bequeathed yearly
as aforesaid and also in case my son in law John Nicholson should survive
my said daughter Elizabeth Nicholson (his wife) then and in that case I give
and bequeath unto him for the remainder of his life the annuity or yearly sum of
six pounds to be paid to him instead of the annuity of three pounds bequeathed
to him as aforesaid
And also after my said grandson John William Nicholson has paid off the
aforesaid sum of one hundred pounds I then in that case give and bequeath to
the children of my said daughter Elizabeth Nicholson the legacy or sum of
two hundred pounds instead of the aforesaid legacy of one hundred pounds
which legacy of two hundred pounds to be equally divided amongst them same
as the aforesaid legacy of one hundred pounds All which last named annuities
of ten pounds and six pounds and legacy of two hundred pounds I make
chargeable the same as the aforesaid annuities of five pounds and three pounds
and the legacy of one hundred pounds provided my grandson John William
Nicholson has paid off the aforesaid sum of one hundred pounds before the
above named annuities and legacy become payable
And I do hereby nominate constitute and appoint my said son John Shaw sole
executor of this my Will he paying and discharging all my just debts funeral and testamentary expenses and hereby revoking all former and other Will and Wills
heretofore by me made
And lastly I hereby declare the writing on this sheet of paper to contain my Last Will
and Testament accordingly In witness whereof I the said Thomas Shaw the testator
have hereunto set my hand and seal the day and year first hereinbefore written.
Thomas Shaw.
Signed sealed published and declared by the above named Thomas Shaw the
testator as and for his Last Will and Testament in the presence of us who in his
presence at his request and in the presence of each other have hereunto subscribed
our names as witnesses.
James Robbinson
William Exelby
Proved 23rd April 1849 by John Shaw the executor.
Sworn under £100.
Testator died on the 15th March 1849
Buried 19th March 1849 aged 75. Kirkby Malzeard