Will of Joseph ALLIN (1840-1877)
(Transcribed from a photocopy by Bryan Hoggarth, 2000)
 

An introduction by Bryan Hoggarth
Joseph ALLIN was the only son of Danvers ALLIN and lived at the farm called Applegarth, or North Ajalon, in Great Fryup NRY.  Joseph never married and thus his possessions were left to his mother and his seven sisters, apart from his wearing apparel which he left to his brother in law John HOGGARTH. The handing down of clothes was far more normal then, than now, and it is said that the leather trousers which they wore might be passed from father to son and then to the grandson.  As Joseph was a relatively wealthy man and died in his thirties, he probably had some very good clothes.  Joseph ALLAN of Fryup is listed as one of the trustees of Scaling Wesleyan Chapel in 1864.

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

Joseph Allin
The signature at the foot or end of the foregoing writing having been made by Joseph Allin of Fryup in the township of Glaisdale in the Parish of Danby in the County of York Yeoman in the presence of us both together we immediately thereafter without quitting his presence and in the presence of each other have attested and do subscribe the same as his last Will.  The word “be” between the twenty second and twenty third lines on the second page and also the word “can” on the top of the third page having been first interlined.
William Tyreman
John Ruddock

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Proved at York the seventeenth day of January 1878 by the oaths of George Coverdale and William Porritt the executors to whom administration was granted.
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
(seal)

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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
deceased, who died on the seventeenth day of December 1877, at Fryup aforesaid
was proved in Her  Majesty’s High Court of Justice in the District Registry attached to the Probate Division thereof at  York  by the Oaths of
George Coverdale of the Parish of Danby aforesaid Farmer and William Porritt of the Parish of Hilton in the said County of York, Farmer the 
Executors therein named they having been first sworn duly to administer.

Effects under £2000  No leaseholds
Extracted by Gray & Pannett, Solicitors, Whitby.