Family History Notebook

The Will of Henry Hartley of Spouthouse 1762

Whitehaven Record Office Frame 219 of film MM2158 / MF.COP 72

In the Name of God, Amen; I Henry Hartley of Spouthouse in
Eskdale in the Parish of St Bees in the County of Cumberland,
Yeoman, being in good Health, & of good & perfect Memory, Thanks
be to Almighty God for the same and calling to Remembrance
the uncertain Estate of this Transitory Life, and that all must die,
Do make & Declare this my last Will & Testament in manner fol=
lowing, first, being penitent for my Sins, I commend my Soul
unto Almighty God, hoping to be saved thro’ the Merits of Jesus
Christ my Redeemer, and my Dody I commit tpo the Earth to be
decently buried at the Discretion of my Executor hereafter
named, And for the Settling of my Temporal Estate, & such Goods
Chattells & Money, as it hath pleased God to bestow upon me, I
do Order give and dispose the same in Manner following
First, I Give, Devise & bequeath unto my son Daniel Hartley all my Tene=
ments & Lands, the Houses & the Appurtenances, of the Yearly Rent of
Sixteen Shillings & Sixpence, lying & being at Spouthouse common=
ly called Hollinhead, in Eskdale aforesaid, excepting what is herein
hereafter excepted & reserved, and also one Corn Mill & Kilne & the
Implements & Furniture thereunto beloging lying & being in
Eskdale aforesaid
Also, I give & devise & bequeath unto mt wife Isabel out of, & in conside=
ration & in Leu of the Dower & Widdow’s Right out of, the aforesaid
devised Tenements Lands & Mill & Kilne the Sum of Seven Pounds year=
ly, of good British Money, during her Natiural Life, if she so long shall
hold my sirname Hartley, to be paid by my son Daniel, & in case
of his Decease by his Heirs, yearly on ye Day of the Month of my Decease
beginning at the first Year’s end after my Decease, at Spouthouse afore=
said, and also the Use Priviledge & occupation to Dwell in, of the
Dwelling house under the same Roof of the House in which the said
Daniel my son dwells, During her Natural Life, if she so long shall hold
my sirname Hartley, and also Priviledge & Right of Peats in & out
of the said devised Tenement for her life while she shall dwell there
in, And also the Use & Priviledge of Dwelling in, of & in the Dwelling=
house in which at the making hereof I dwell, & also the Use & Usage of
all the Household Gods therein, provide she shall not wast  abuse, im=
besil or convey away any of the said Household Goods, & Right of
& for Peats, diring the time of her Dwelling therein, but she shall
not let to farm either of the said Houses or Peats,
Also I give devise & bequeath to my said Wife Isabel the Chests &
Boxes in which she keeps her Coaths & Apparel, all the closet ware
& goods, all thr Dresser Ware & Kitchen goods
Also, I give devise & bequeath unto my son William Hartley, to my son
Henry Hartley, out of my aforesaid devised Tenements, the sum
of two hundred Pounds Sterling; equally between them, to be
paid by my said son Daniel at the first Year’s end after my De=
cease, provide they shall be one & twenty Years of Age each of
them, but if they or either of them be of Age of twenty one years then
their said bequeathed sum shall be paid within a Year next after
he and they respectively shall attain the Age of twenty one years, &
at Spouthouse aforesaid, And also the sum of twenty pounds Ster=
ling, equally between my said sons William & Henry, be paid by
my said son Daniel, at the first year’s end after the Decease of
my Wife Isabel, at Spouthouse aforesaid, and it is my will & mind
yt the the aforesaid Legacies be paid without Interest for the same,
And provide my said son Daniel shall refuse & not pay & perform
to my Wife Isabel her Annuity of Seven Pounds yearly as above
mentioned, & allow & permitt her to have the Priviledges herein
bequeathed to her, Then & in that case & Leu thereof I hereby give
devise & bequeath unto her my Wife Isabel the one half & moiety
of the Yearly Rents Benefits and Issues of the my herein Devised
Tenements & Mill & Kilne & Houses & appurtenances during her
Natural Life, if she so long keep my sirname Hartley and more=
over provide my said son Daniel shall refuse to pay the said
Sum of two hundred Pounds to my sons William & Henry as
above mentioned, Then & in case of Refusing to pay them, I hereby
give and devise & bequeath unto my said sons William & Henry
All the one half & Moiety of My said Tenements Houses Mill & Kilne
& the appurtenances called Spouthouse aforesaid, for ever
Also, I Give & bequeath to my son Henry the chest I commonly Use
for my self alone, Also I give & bequeath to my Daughter Christiana
the wife of Edward Heslop, & in case of her Decease, to her Children
equall amongst them, the sum of ten Pounds, Sterling,
Lastly, All the Rest & Residue of my Goods Chattells Money & Per=
sonal Estate whatsoever I give & bequeath unto my said son Daniel
whom hereby I make full sole & whole Executor of this my last
Will & Testament, Provide he shall pay five Pounds Sterling unto
my Wife Isabel, in case she shall not chuse to Dwell at Spouthouse
but remove thence, to be paid her at Removal thence, & provide he
the said Daniel my son shall find & give unto my son William
Apparel Suitable for him during his Apprentiship, & shall discharge
my funeral Expences & pay my just Debts, hereby Revoking all
other bequests by me made & Declaring this only to be my
last Will & Testament, In Witness whereof I have hereunto set my
Hand & Seal this Sixth Day of May in the year of
our Lord God 1762

Signed Sealed & Declared by the
said Henry Hartley to be his last Will                             Hennery
& Testament in the presence of                                     Hartley     H
us   Thomas Hartley                                                                   his mark
John Clark     John Hartley

 

On obverse

April 21st 1763
Daniel Hartley sole executor in the will within
written named was sworn well and truly to execute and
perform the same and so forth               Before me Murthwaite Surrogate


Notes

1    Relationships to Henry Hartley mentioned in will

Wife Isabel
Sons Daniel
  William
  Henry
Daughter Christiana, wife of Edward Heslop
   

2    Witnesses - Thomas Hartley, John Hartley, John Clark