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The Will of John Eland 1848

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Date: [unknown] [unknown]
Location: Womersley, Yorkshire, Englandmap
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The Will of John Eland, Farmer, Womersley written on 23 August 1828, and proved on 10 February 1848.[1]


Spelling, punctuation and line breaks are as per the register copy. ff is rendered as F. Abbreviations are expanded and additions noted in [square brackets]. Paragraph breaks (where added) and bold text for names are my own for ease of reading.

People in the will:

  • John (son)
  • Susanna (daughter)
  • Robert (son)
  • Ann (daughter)
  • William Hurst (friend, executor)
  • Ann (wife)

Extracted from the Registry pf the Prerogative Court of York
In the Name of God Amen
I John Eland of Womersley in the County of York Farmer hereby
revoking all former Wills and testaments by me made do make and pub-
lish this my last Will and Testament in manner following that is to say
First I order and direct all my just debts funeral and testamentary expenses
to be paid out of my personal Estate and I give and bequeath all my real
and personal Estate and Effects of what nature or kind soever unto and
equally amongst my four children John Susanna Robert and Ann and
my friend William Hurst of Stubbs Walden in the parish of Womersley afore
said Farmer their heirs executors administrators and assigns as tenants
in common as to my real Estate and equally to be divided amongst them
share and share alike as to my personal Estate and I hereby will and
declare that the one fifth part or share of my real and personal Estate herein
before given to the said William Hurst upon the following trusts name-
ly In trust to permit and suffer my dear Wife Ann to receive and take the
rents issues and profits of the said one fifth part of my real Estate for and du-
ring the term of her natural life and upon further trust as soon as conve-
niently may be after my decease to convert into money the one fifth part
of my personal property hereinbefore given to the said William Hurst
and to invest the proceeds thereof on Government or real security and pay
the interest dividends and annual profits thereof unto my said dear Wife
for and during the term of her natural life and from and after her decease
then upon trust to convey transfer and assign the one fifth of my said real
and personal Estate or the funds or securities on which the said one fifth part
of the personal Estate shall be invested unto and equally amongst my said
four children as tenants in common as to the real Estate and equally
amongst them share and share alike as to the personal part And I so declare
that the interest of my said four children of and in the said one fifth part of
my said personal Estate so bequeathed to the said William Hurst for the
benefit of my sai Wife and children shall become vested from and immedi-
ately after my decease And also that the provisions thereby made for my said
Wife is in lieu bar and satisfaction of all dower and thirds which she may
have claim or be entitled to out of my real and personal Estate or any part
thereof And lastly I hereby declare that it shall and may be lawful to and
for the said William Hurst his heirs executors and administrators to retain
and reimburse himself and themselves out of the monies which shall come
to his hands by virtue of the trusts hereby reposed in him all costs charges
and expenses which he xxx or they may incur or be put unto in carrying
into effect the said trusts or any of them and that he and they shall not
be answerable or accountable for more monies than shall actually come
to his or their hands or possession nor for any loss which shall happen
without his or their wilful neglect or default and I appoint my said two
sons John and Robert and my said friend William Hurst joint Executors
of this my Will In Witness whereof I the said Testator John Eland have
thereunto set my hand and seal this twenty third day of August one thou-
sand eight hundred and twenty eight [signed] John Eland (L.S.) Signed sealed
published and declared by the said Testator John Eland as and for his last
Will and Testament in the presence of us who in his presence at his
request and in the presence of each other have subscribed our names as wit-
nesses Josiah [Smithson?] - Wm [Jelly?] - [Wm?] Handish /

This Will was proved at York the ninth day of December in the year
of our Lord one thousand eight hundred and thirty seven before The
Reverend Edmund Russell Clerk Surrogate of The Right Worshipful
Granville Harcourt Vernon Master of Arts Commissary and Keeper Gene-
ral of the Exchequer and Prerogative Court of York lawfully constituted
by the Oaths of John Eland Robert Eland the sons and William Hurst the

[Page 2]
joint executors in the said Will named to whom Adm[inistrati]on was granted
of all and singular the goods chattels and credits of the said John Eland
deceased they having been first sworn duly to administer
Joseph Buckle
Deputy Register

Proved at London 10th Feby 1848 before the Judge by the Oath of
Robert Eland the son and William Hirst (in the Will written Hurst) two of
executors to whom Adm[inistrati]on was granted having been first sworn by Com[missi]on
duly to adminster Power reserved of making the life Grant to John Eland
also the son the other executor when he shall apply for the same.

Sources

  1. Probate: Reference: PROB 11/2069/93 Description: Will of John Eland, Farmer of Womersley , Yorkshire Date: 10 February 1848 Held by: The National Archives, Kew




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