This is the last will and Testament of me Thomas Spensley of Muker in Swaledale in the Parish of Grinton and County of York Yeoman made on the twenty third day of December one thousand eight hundred and sixty three. First I direct the payment of all my just debts funeral and Testamentary expences by my executors herinafter named as soon as conveniently may be after my decease. I give and bequeath to my niece and Housekeeper Mary Woodward absolutely my best bed and bedstead together with the pillows blankets and coverlets thereto belonging. I give and bequeath to each of my Executors and Trustees hereinafter named the sum of Two pounds and Ten shillings apiece for the trouble they will have in executing the trusts hereof. I give and devise all my copyhold messuage or dwellinghouse tenements lands and hereditaments situate at Dyke heads at or within the territories of Gunnerside in the said Parish of Grinton consisting of one close called "West side" and close called "Middle Close" with a Cowhouse therein and forty four yards in length and five yards in breadth of a parcel of land called "Storr Brow" used convenience to water cattle- one close called "East Close" one Dwellinghouse with a garth stable pig stye and cowhouse thereto adjoining and all other the appurtenances thereto respectively belonging all which said premises and held of the Manor of Healaugh New land in Swaledale in the County of York (subject to the payment of the ancient yearly fineable customary rent of six shillings and eight pence and of an inhanced rent of six shillings and six pence not fineable and are now in the occupation of my nepheew William Woodward as yearly tenant thereof). Unto and to the use of my said Nephew William Woodward his heirs and assigns for ever subject nevertheless to and I do hereby charge the said premises with the payment of an annuity of yearly sum of Five pounds to my sister Nanny Harker during her life to be paid to her by two equal half yearly payments on each sixth day of April and eleventh day of October the first half yearly payment therof to be made on such of the said days as shall first happen at the expiration of six months after my decease. And as to my copyhold closes called "Paurek Hall" "Little Holme" with a Cowhouse thereon and a calf piece therto adjoining and three dwellinghouses with a stable at Gunnerside aforesaid and also held of the said Manor of Healaugh New Land in Swaledale subject to the payment of the ancient yearly fineable customary rents of seven shillings and two pence and one penny and of the inhaced rent of seven shillings and twopence and one penny not fineable and my close called "North Foleing" with a cowhouse theron "Tuffell" Stonefields "South Foal Ing" Foal Ing piece" with the barn and Mewstead therto belonging My Allotment in Muker pasture which is numbered 35 on the award and contains sixteen acres one rood and eight perches, my allotment in Kisdon pasture which is numbered 3 on the award and contains three acres one rood and twelve perches my four dwellinghouses with the stable cowhouse, gardens, pigstye and other outbuildings therto belonging which are respectively situate at or within the territories of Muker and Kisdon in the manor of Muker in Swaledale in the said County of York and are held of the said Manor subject to the payment of the ancient yearly fineable customary rents of seven shillings and seven pence and seven shillings and two pence halfpenny except such parts of the said closes called Tuffell and Foal Ing piece as were recently sold off with the rents of one penny and one halfpenny respectively for the purpose of enlarging the burial ground attached to the parochial chapel or Muker aforesaid and all other my messuages lands hereditaments and real estate whatsoever and wheresoever situate not herinbefore specifically devised. I declare and direct that my two nephews Henry Woodward Simon Harker and my friend John Broderick of Spring End in the said parish of Grinton Gentleman or the survivor of them shall within three years after my decease absolutely sell and dispose of the same either by public auction or private contract and either altogether or in parcels for the best price or prices that can reasonably be obtained for the same with power to make any special or other conditions as to the ? or evidence of ? or otherwise and with power to buy in the same at any public sale and to rescind any contract and resell without being answerable for any loss and to receive the sale moneys and the rents until the completion of such sale, and stand possessed thereof upon the trusts hereinafter declared concerrning the same. And I give and devise the same hereditaments and premises to such uses upon such trusts and for such intents and purposes as the said Henry Woodward Simon Harker and John Broderick or the survivors or survivor of them shall direct or appoint by any Deed or Deeds to be executed by them or him at any time before the expiation of the said term of three years computed from the day of my decease in order to complete such sale or sales to be made pursuant to this my will and in default of such direction or appointment to the use of the said Henry Woodward Simon harker and John Broderick and the survivor of them and his heirs or their or his assigns for all my estate and interest therein to be held by them nevertheless upon and subject to the trust for sale and declaration as aforesaid And I declare that the receipts of the said Henry Woodward Simon Harker and John Broderick or the survirors or survivor of them for any moneys which shall be paid to them by virtue of this my will shall effectively discharge the person paying the same from liability to see to the application therof. And as to all my household furniture and effects (not hereinbefore specifically bequeathed) and all other my personal estate whatsoever I give and bequeath the same and every part therof unto the said Henry Woodward Simon Harker and John Brodrick their executors administrators and assigns upon trust at any time within the aforesaid term of three years to sell and dispose of and convert the same into money And after paying all my just debts funeral and tesatamentary expeses and the Legacies hereinbefore by me given Upon Trust to stand possessed of the clear proceeds therof and also of the moneys arising or to be produced from the sale of my said copyhold hereditaments and real estate herinbefore directed to be sold as aforesaid and to divide the same amongst my nephews and nieces the said Henry Woodward Margaret the wife of David Calvert, Ann the wife of James Thompson Thomas Woodward, Phillis the wife of Michael Calvert Elizabeth the wife of John Harker and James Woodward (seven of the children of my late sister Elizabeth Woodward deceased) and my nephews and nieces the said Simon Harker Agnes the wife of Ralph Whitell Henry Harker James Harker and William Harker (the five children of my said sister Nanny Harker) equally share and share alike provided always and I do hereby direct and declare that in case any one or more of my said nephews and nieces shall die before receiving his her or their share or respective shares of the trust moneys under or by virtue of this my will leaving lawful issue him her or their respectively surviving such issue if more than one shall be entiltled to their deceased parents share equally per shares or if ther shall be but one such issue such only child shall be entitled to his or her deceased parents share absolutely but in case any one or more of my said nephews and nieces shall die before so receiving his her or their share in respective shares of the said trust moneys under this my will without leaving lawful issue him her or them respectively surviving then and in that case as well the original share as any other share of each of them my said nephews and nieces so dying of and in the said trust moneys shall be In trust for the others or other of them my siad nephews and nieces in equal shares but shall not be payable sooner than the original share of the others or other of them shall respectively become payable and I hereby further declare and direct that my said trustees shall not be responsible for any involuntary loss which may happen in execution of the trusts hereof nor for the acts or receipts of each other and that it shall be lawful for them to pay and reclaim and to reimburse themselves all cash and expenses which may be incurred by them in the execution of the trusts of this my will or in relation therof. I give and devise unto and to the use of the said Henry Woodward Simon Harker and John Broderick their heirs and assigns All estates vested in me upon any trust or by way of mortgage. Upon the trust nevertheless and subject to the equalities of redemption subsisting and capable of taking effect in the same respectively And lastly I hereby appoint my said nephews Henry Woodward and Simon Harker and my said friend John Brodrick joint trustees and Executors of this my will and hereby revoking all former wills by me at any time heretofore made. I decalre this only to be my last will and testament. In Witness whereof I have to this and the three preceeding sheets of paper hereto annexed subscribed my name the day and year first before written
Signed published and declared by the said Thomas Spensley the Testator as and for his last Will and Testament in the presence of us who as witnesses hereof have hereunto enscribed our names in his presence at his request and in the presence of each other at one and the same time the words "Foal Ing" having been first interlined between the third and fourth lines from the top of the second sheets.
George Alderson of Stone house Landowner
William Kilburn of Muker Farmer
Proved in Her Majestys Court of Probate at York on the Twenty second day of June 1867 by the executors therein named Effects sworn under £300- Testator died on the 15th day of December 1866.