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An introduction by Bryan Hoggarth
Why the wearing apparel went to John HOGGARTH, one can only guess
at. I suspect that John might have been the poorest of the brothers in law. John had married the second eldest sister, Elizabeth and
the farm ended up being leased by Watson SWALES, who married the eldest daughter.
This John HOGGARTH (full name Lawrence John HOGGARTH) was the youngest son of John HOGGARTH of Newbiggin where LJH was born in
1829. LJH married Elizabeth in the Parish Church at Whitby on March 20th 1852 (see certificate). As Elizabeth was baptised 1st April 1832 at
Glaisdale she would, unless the baptism was delayed, be not yet 20 when married and thus not "of full age". LJH and Elizabeth had 30 acres in
Newholm in 1861. Their location in 1871 is not known. In March 1878 Elizabeth died at Haggersgate in Whitby. This was probably actually in
Bakehouse Yard where LJH was in 1881 and where he was still living when he died in 1900 (see Obituaries). The death of Elizabeth in 1878 was
registered by her Daughter Mary GARBUTT who emigrated to America with a couple of her brothers and what happened to her thereafter is Ray
LYTLE's story.
This is the last Will and Testament
of me Joseph Allin of Fryup in the Township of Glazedale in the Parish
of Danby in the County of York Yeoman made the twelfth day of March in
the year of our Lord one thousand eight hundred and seventy seven as follows
First I give and bequeath my wearing apparel unto my brother in law John
Hoggarth Also I give devise and bequeath unto my two brothers in law
namely George Coverdale of Danby and William Porritt of Hillton, Farmers,
their heirs executors administrators and assigns All those my cottages
or dwellinghouses lands tenements and hereditaments with all the rights
and appurtenances to the same belonging situate and being at Fryup in the
Parish of Danby aforesaid and now in the occupation of John Megginson and
Penoch Newton as tenants thereof to me and also all my money and securities
for money and all other my real and personal estate and effects whatsoever
not hereinbefore by me given and bequeathed To have and to hold to them
my said two brothers in law George Coverdale and William Porritt their
heirs executors administrators and assigns Upon trust upon the several
trusts and purposes following that is to say Upon trust as soon as
conveniently can be after my decease to collect and get in all my monies
and all debts due and owing to me upon trust to pay thereout all my just
debts funeral and testamentary expenses And as to the residue and remainder
of the said trust monies to pay and divide the same into seven parts as
follows that is to say One seventh part thereof to my sister Ann Swales,
One seventh part thereof to my sister Elizabeth Hoggarth one seventh
part thereof to my sister Rachel Porritt One seventh part thereof to my
sister Ellinor Coverdale One seventh part thereof to my sister Jane Allison
one seventh part thereof to the children of my sister Esther Hart to be
paid to them in equal shares as they attain their respective ages of twenty
one years the yearly interest to be paid to my said sister Esther Hart
while her children are in their minorities And the remaining seventh part
thereof to the children of my sister Hannah Stoker to be paid to them in
equal shares as they attain their respective ages of twenty one years the
yearly interest to be paid to my said sister Hannah Stoker while her children
are in their minorities And in case any of my said sisters Ann Swales Elizabeth
Hoggarth Rachel Porritt Ellinor Coverdale and Jane Allison die before
I die then the share of her or them so dying shall be paid to her or their
children Upon further trust as soon as conveniently can be after my decease
to let my said cottages or dwellinghouses lands and tenements and to receive
the rents and profits arising therefrom when and as often as the same becomes
due and payable and out of the same rents and profits to pay unto my mother
Frances Allin the clear yearly sum of twenty pounds for and during the
term of her natural life and as directed to be paid to her by the Will
of my late father Danvers Allin then as to the residue and remainder of
the said rents and profits to place out and invest the same from time to
time in their own names in or upon Government Real or other securities
at interest then upon trust as soon as conveniently can be after the decease
of my said mother Frances Allin, my said trustees George Coverdale and
William Porritt their heirs executors administrators and assigns shall
sell and dispose of my said cottages or dwellinghouses lands tenements
and all other my real estate either by public auction or by private contract
And I do hereby absolutely declare and direct that the receipt or receipts
of my said trustees or their heirs executors administrators and assigns
shall be a good valid and sufficient acquitances and discharges to the
purchase or purchases of my said trust estate or any part thereof for all
or any part of the purchase money which shall be by them or him paid for
the same And that no such purchaser or purchasers after paying his her
or their purchase money shall be answerable for the application or in any
respect be answerable for the misapplication or nonapplication of the same
or any part thereof And I declare and direct that my said trustees &
their heirs executors administrators and assigns shall stand and be possessed
of and interested in the monies arising from the sale of my said real trust
estates Upon further trust to pay thereout all my just debts funeral and
testamentary expenses (if unpaid) and the expense of executing the trusts
of this my will and all the legacies which my late father Danvers Allin
left to be paid to my sisters And as to the residue and remainder of the
said monies including the said residue of the rents and profits to pay
and divide the same as soon as can be into seven parts as hereinbefore
mentioned touching the residue and remainder of my said trust monies And
I do hereby nominate and appoint my two said brothers in law George Coverdale
and William Porritt joint Executors and Trustees of this my last Will and
Testament And my will is that my said trustees their heirs executors administrators
and assigns shall at all times in the first place reimburse themselves
and himself with all the reasonable expenses they or either of them may
be put to in carrying into execution the trusts hereby in them reposed
and that neither of them shall be answerable for any loss that may happen
to the said trust estate unless such happens through his or their wilful
neglect nor for more monies than shall actually come to each of their hands
respectively but each of them for his own acts deeds receipts neglects
and defaults only And I do hereby revoke all former wills In Witness whereof
I the said Joseph Allin the testator have hereunto set my hand to this
my last Will and Testament the day and year first within written
John Ruddock ----------------------- The testator Joseph Allin was late of Fryup in the township of Glazedale in the Parish of Danby in the County of York, Yeoman and died on the seventeenth day of December 1877 at Fryup aforesaid. Under £2000 No leaseholds Extracted by Gray & Pannett. Solrs Whitby. This is a true copy {new page} On the seventeenth day of January 1878 the Will of Joseph Allin late of Fryup in the Township of
Glazedale in the Parish of Danby in the County of York Yeoman
Effects under £2000 No leaseholds
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