A copy of the Will of Elizabeth Walker (1796-1844)
This is The Last Will and Testament or Testamentary appointment of me Elizabeth Walker, wife of Benjamin Walker of Darley in the County of York, Grocer and Draper. Whereas by certain Indentures of Lease and Release bearing date respectively the Seventh and Eighth days of May one Thousand Eight hundred and Twenty nine the Release made between Simeon Webster of East Cottingwith by the said County Gentleman and Thomas Proctor of Selby in the Same County, Gentleman of the first part John Webster, George Webster, me the said Elizabeth Walker by my then name and description of Elizabeth Webster, Spinster, William Webster and Hannah Webster, Spinster (now Hannah Binns) of the second part and Lucy Willey of the City of York, widow, of the third part, for the considerations herein mentioned.
The messuage called Tenements and Hereditaments therein particularly described situate at Storwood otherwise Storthwaite in the Parish of Thornton in the County of York, heretofore the property of my late father, George Webster, deceased, with their appurtenances were conveyed and assigned unto and to the use of the said Lucy Willey, her Heirs and assigns. Subject to a Proviso therin contained that a payment of the principal Sum of Three Thousand pounds and Interest as herein is mentioned.
The said Lucy Willey, her heirs or assigns, should, at the request and costs of the said parties thereto of the second part, then heirs or assigns recovery and reassure the said chessuye lands, tenements and hereditaments To the uses and for the purposes mentioned in the Wills of George Webster and Ann Webster respectively deceased or otherwise upon or for the uses trusts intents and purposes following, namely, as to four several undivided fifth parts of the said Hereditaments and Premises to the uses and for the purposes therein particularly mentioned. And as to the remaining undivided fifth part of the same messuage lands, Tenements and hereditments. To such uses upon such trusts and for such intents and purposes as I the said Elizabeth Walker whether covert or sole and daring and notwithstanding my coverture with any husband, should by any Deed or Deeds, instrument or instruments, in writing to be by me executed in the presence of and attached by two or more credible witnesses, or by my last Will and Testament in writing or any codicil or codicils thereto, to be by me sealed and published in the presence of and attached by three or more such witnesses from time to time direct, limit, and appoint, and in default of and until such direction, limitation or appointment, or so far as the same, if made, should not extend to the use of me the said Elizabeth Walker my heirs and assigns for ever.
Now I, the said Elizabeth Walker, by virtue of the powers given or reserved to me by the said recited Indenture, as aforesaid, and of all other powers enabling me thereunto do by this my last Will and Testament or testamentary appointment direct, limit and appoint, give devise and bequeath all my undivided fifth part or share, and all other my share estate, right and interest of, and in the messuage lands and hereditaments comprised in the said recited indentures and all other my real and personal Estate whatsoever and where so ever, (subject to such charges and incumbrances as the said hereditments and premises are liable to), unto and to the only proper use and behoof of my dear husband, the said Benjamin Walker, his heirs, Executors, Administrators and assign’s.
To witness whereof I have hereunto set my hand and seal the sixteenth day of the fourth month commonly called April in the year of our Lord one thousand eight hundred and forty four.
Signed sealed and published by the said Elizabeth Walker Signed by as said for her last Will and Testament in the presence of us being present at the same time who desire her presence and Elizabeth in the presence of each other have hereunto subscribed our Walker names as witnesses. -----------------
Thomas Petty - Farmer ---------- Darley
Thomas Parker - Linen Weaver - Darley
Elizabeth Walker - Spinster - Darley
5 Aug. 2006