The Will of William Stables of Hemsworth (1758-1813).

This transcript was very kindly supplied by Mary Lindsey of Alcester.

This is the last will and testament of me William Stables of Hemsworth in the county of York, Esquire, made, published and declared the fourth day of November in the year of our Lord one thousand, eight hundred and eleven, in manner and form following, that is to say:

First: I will and direct that all my just debts be fully paid and satisfied.

I give and devise unto my dear wife Mary Theresa Stables the mansion house or messuage situate in Hemsworth, wherein I now dwell, with the outbuildings, gardens and appurtenances thereto adjoining and belonging, also the garden which I now occupy in a place called Sandy Gate, adjoining on the premises now rented of me by John Hill; also all that close of meadow or pasture ground, being the first called Moor Cop Close, in the parish of Kirby, containing by estimation six acres or thereabouts, to hold the same to my said wife, Mary Theresa for and during the term of her natural life, without impeachment of waste.

I also give and bequeath unto my said wife during the term of her natural life only, the full use and enjoyment of all my household furniture, linen, china and books in my dwelling house, with my carriage; also the annual interest, dividends and proceeds arising from the sum of two hundred pounds lent by me on security of the tolls arising from the turnpike road leading from Wakefield to Austerlands, commonly called the Wakefield and Austerlands Turnpike Road, and all interest due thereon at the time of my decease.

I give and bequeath unto my two friends the Reverend William Thomas Beer, clerk, of Etwall in the county of Derby, and John Clayton of Kippax in the county of York, gentleman, and the survivor of them, his executors and administrators, all my capital stock in the public funds consisting of five thousand pounds in the four per cent Bank Annuities and eight hundred pounds in the five per cent Annuities, upon the trusts following, that is to say:

upon trust to receive the dividends of my said stock and pay the same from time to time as and when the same shall be received, also the dividends that shall fall due the next half year day, which may happen after my decease, without any deduction, into the proper hands of my said wife during the term of her natural life, for her sole and proper use, and subject to the devise and bequests to my said wife, and for her use as aforesaid.

I give and devise all and every my real estates at Hemsworth aforesaid, South Kirkby, Empsall, Hensall, Armin, Hooke, Birrall and Alerton Bywater and elsewhere in the said county of York, with the rights, members and appurtenances thereof, subject to such estate, devised to my said wife, as aforesaid, unto my dear and only child Mary Theresa Stables, her heirs and assigns for ever;

and from and immediately after the decease of my said wife , I do hereby give and bequeath all my said stock in the public funds, the said sum of two hundred pounds due to me on the said turnpike security, and all and every other the goods, chattels, monies and securities for money, personal estate and effects whatsoever and wheresoever, which I shall be possessed of at the time of my decease, and not hereinbefore by me disposed of, unto my said daughter Mary Theresa, her executors, administrators and assigns;

and it is my will, and I do hereby direct that the monies that shall accumulate from the rents and profits of my said real and personal estates during the minority of my said daughter, and after the payment of all expenses of her maintenance and support, shall be by my said trustees placed out at interest, either on Government security or on mortgage of freehold lands in the county of York;

and in case my said daughter shall die before she shall attain the age of twenty one years without issue, then I give and devise my real estates only, subject to the life estate devised to my wife as aforesaid, as follows, namely: I give and devise all my said estate at Allerton Bywater aforesaid unto my said wife during her natural life without impeachment of waste, and all other my real estates unto my nephew William Stables, son of my late brother, Henry Stables, his heirs and assigns for ever, subject and chargeable with the payment of the sum of five hundred pounds to each of my nieces, Mary and Penelope, the daughters of my late brother Henry Stables, to be paid them respectively within twelve months next after the decease of my said daughter without issue as aforesaid;

and in case my said daughter Mary Theresa shall happen to die before she attains the age of twenty one years and without issue as aforesaid, then and in such case only, I give and bequeath all and every my said personal estate and effects and the accumulations thereof, subject nevertheless and without prejudice to the bequests hereinbefore made to and for my said wife, unto my brother Walter William Stables of Huddersfield, merchant, his executors or administrators, he or they paying thereout the sum of five hundred pounds to each of my said two nieces Mary and Penelope Stables, their executors or administrators within twelve months after he becomes entitled to such personal estate, after the death of my said daughter without issue as aforesaid;

and I do hereby declare that the provision made for my said wife by this my will shall be taken and accepted by her in lieu and full bar of any claim she may have, either by the settlement made previous to our marriage, or in right of dower or other claim of hers, to all or any part of my real or personal estates;

and I do hereby order and direct that my said wife shall have the guardianship and the care, custody, tuition and education pf my said daughter during her minority, who shall have a servant maid to attend and wait upon her person;

and in case of the death of my said wife during such minority, then the said William Thomas Beer, uncle to my said daughter, shall have such guardianship during such minority and in case of his death, I do hereby direct my surviving trustee, his executors or administrators, cause an application to be made to the Lord High Chancellor of Great Britain for my said daughter to be made a ward of the Court of Chancery, or for the appointment of a proper guardian for my said daughter during her minority;

and I do hereby declare that my said trustees or the survivor of them, or the executors or administrators of such survivor, shall not be answerable or accountable for more monies than shall actually come to his or their hands respectively, nor for any involuntary loss or misfortune that shall or may happen to the said trust monies and premises, nor shall the one of them be answerable or accountable for the acts, receipts, neglects, defaults, misapplication or nonapplication of the other of them, but each of them only for his own and their own respective acts, receipts, neglects and defaults;

and I do hereby appoint the said William Thomas Beer and John Clayton joint executors in trust of this my will during only the minority of my said daughter Mary Theresa Stables, and from and immediately after her attainment of her age of twenty one years, then I do hereby appoint my said daughter sole executrix thereof;

and I do hereby revoke and make void all other will and wills by me made.

In witness whereof I the said William Stables, the testator, have to this my will containing four sheets of paper, to the first three sheets thereof I have put my hand, and to this, my hand and seal, the day and year first within written William Stables.

Signed, sealed, published and declared by the said testator to be his last will and testament in the presence of us who at his request in his presence and in the presence of each other, subscribed our names as witnesses to the execution thereof, the interlineation in the twelfth line of the third sheet being first made.

John Locke, George Booth, John Fee

Proved at London, 8^th November 1813 before the Judge by the oath of John Clayton, one of the executors in trust during the minority of Mary Theresa Stables, the daughter of the said deceased, and sole executrix on her attaining the age of twenty one years, to whom administration was granted, he having first sworn by commission duly to administer, power reserved to the Revd William Thomas Beer, clerk, the other executor in trust during the minority of the said Mary Theresa Stables, spinster, a minor, when he shall apply for the same.

In the margin:

Proved at London on the [20] February 1814 before the judge by the oath of Mary Theresa

The Will of William Stables of Hemsworth (1758-1813).

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