Reproduced from an original in the Borthwick Institute University of York
I Ralph Fetherstonhalgh of the town and county of Newcastle upon Tyne Gentleman do make this my last will and testament as followeth Whereas the messuage farmhold or tenement hamlet or Grange commonly called and known by the name of St Giles Hospital at Spittal in the parish of Hexham and county of Northumberland with the rights members and appurtenances thereof have been lately conveyed and assured? To and to the use of the said Ralph Fetherstonhalgh my heirs and assigns by James Ord Esq & John Ord Esq Robert Palmor Esquire Thomas Allen Esquire and Ann his wife and by my Daughter Mary Fetherstonhalgh but the sd p-super? with their assigns? our as have been declared? and made redeemable ? by her my said daughter Mary Fetherstonhalgh on payment to me my heirs exrs or adms of the sum of eighteen hundred pounds of lawful money of Great Britain with interest at the rate of four pounds p cent p annum at a day by past Now I the sd Ralph Fetherstonhalgh in consideration of the natural love and affection which I have for my said daughter Mary Fetherstonhalgh do hereby give and devise release and for ever gift? Therin unto her my said daughter Mary her heirs and assigns The herein before mentioned messuage farmhold or tenement hamlet or grange and all of other the said mortgaged premises with their and every of their rights embers and appurtenances and all and every my estate right title and interest therein and all deeds evidence? and writings touching? Or concerning the said mortgaged premises and I do hereby give to her my said daughter Mary the said principal sum of Eighteen hundred pounds and all such interest money thereof as shall happen to be due and unpaid at the time of my death and I do hereby release and discharge her of and from the payment thereof And I further give and bequeath to my said daughter equrgdins? And assigns the sum of two hundred pounds due and owing to me from her my said daughter as executrix of S? Ann Ledgard dec? by two several Bounds made and executed by her the sd Ann Ledgard in her life time each of them conditioned for payment of the sum of one hundred pounds and I also give and bequeath to her my sd daughter all such interest money of the said two hundred pounds as shall be due and unpaid at the time of my death and as to and concerning all such other money as shall be due and owing to and from my sd daughter by bond executed? by her I do order and desire that she shall pay the same to my executor her enaffer? Named within two years next after my death with interest for the same at the rate of four pounds p cent p annum half yearly from the time of my death and not from any time before held as to all other moneys which she shall be owing to me at the time of my death by simple rent other in ensuing ? and I do order and direct that she shall pay the same to my said executor within twelve calender months next after my death but without any interest for or in respect thereof And as to and concerning my silver plate china ware gold rings and linen of all sorts I give and bequeath the same to my sd daughter and to my son my executor hereinafter named equally to be divided between them And I give and bequeath to my grand daughter Elinor Fetherstonhalgh over and above the money I have of hers in my hands the sum of fifty pounds of the lawful money and the like sum of fifty pounds I give and bequeath to each of my other grand children viz Ralph William Mary and John Fetherstonhalgh and to each woman servt that shall be in my service at my death I give and bequeath the sum of three pounds of like lawful money besides the wages of each such servant and to the trustees of the Charity School of St John in Newcastle asaid I give and bequeath the sum of twenty pounds of like lawful money for the use and benefit of the said school and I do hereby charge and make chargeable all my messuages lands gardens and closes as well leasehold or freehold within the said town and county of Newcastle upon Tyne or the liberty thereof to and with the payment of the bequests and legacies herein before given and bequeathed to my said grand children and the sd charity school and as to all my said messuages lands garden and closes charged as aforesaid and all other my messuages farmhold and tenements within the county of Durham and all other my estate real or personal of what nature or kind so ever not herein before otherwise given or devised I give and devise the same and every of them with their appurtenances to my son William Fetherstonhalgh his heirs exors adms and assigns for ever I make and constitute him my said son executor of this my last will and testament and revoke and make null and void all former and other wills by me heretofore made and executed In witness whereof I the sd Ralph Fetherstonhalgh the testator have hereunto set my hand and seal the first day of September in the first year of the reign of his present Majesty King George the third and in the year of our Lord one thousand seven hundred and sixty one Signed Sealed Published and declared by the testator in the presence ? of us who at his request and in his presence have hereunto set our hands as witnesses
Ralph Fetherstonhaugh, William Unthank, O mich Dobson , James Dower
Prerogative Adms of the goods [with will annexed] of Ralph Fetherstonhalgh late of the town & county of Newcastle upon Tyne in the p of York [having s/e?] gent decd was granted to Margaret Fetherstonhalgh widow relict & Administrix of the goods of William Fetherstonhalgh gent decd whilst -----the same sole exctor & residuary legatee exetor? ---- --- Cuthbert Wilson? ---soltr? 13 December 1768
Margaret Fetherstonhalgh the administratix with the will annexed within mentioned was duly sworn and this Bond was executed by her and her sufficient surety within named by virtue and in pursuance of this commission annexed this ninth day of December 1768 before me Cuth Wilson clerk A.wth.w.past 13th Decm 1768 zph c fund
Francis Topham Doctor of Law Commissary and Keeper General of the Exchequer and Prerogative Court of the most Reverend Father in God Robert by Divine Providence Lord Arch Bishop of York Primate of England and Metropolitan To our well beloved in Christ the Reverend Thomas Maddison and Cuthbert Wilson Clerks Greeting in the Lord We commit to you the aforesaid Thomas Maddison and Cuthbert Wilson jointly and severally [ on whose fidelity in this matter We very much depend our authority and full power in the Lord to be present and in our place name and stead to give the oath in this case requisite and wrote below to Margaret Fetherstonhalgh the widow relict and administratrix of the goods rights credits cattles and chattels of William Fetherstonhalgh gentleman deceased whilst living the son sole executor and residuary legatee named in the last will and testament of Ralph Fetherstonhalgh late of the town and county of Newcastle upon Tyne in the Province of York [having in his life time and at his death Bona Notabilia in diverse Diocesce or Peculiar Jurisdictions within the Province of York ] Gentleman deceased and to take the Bond to these Prevents annexed and see the same Signed Sealed and Delivered for the uses therein mentioned by the said Margaret Fetherstonhalgh and her sufficient surety in this case desiring that you or the one of you who shall execute this our Commission will duly certify us as soon as conveniently may be and Transmit the same and the original last will and testament of the said deceased and the Bond hereto annexed executed as above directed and duly attested together with these presents Given at York under the Seal of our office this fifth day of November in the year of our Lord one thousand seven hundred and sixty eight Rob Jubb Deputy Registor [sic]
You shall Swear that you believe this writing to you now shewn to be and contain the last will and testament of Ralph Fetherstonhalgh deceased That you will well and truly execute and perform the same and administer his goods chattels and credits according to law by paying his debts and the legacies therein given so far as his goods will extend and the law oblige you that you will exhibit into the Prerogative Court of York true full and perfect Inventory of all his personal estate and make a true and just accompt of the same when you shall be thereto lawfully called So help you God Rich Mackley Proctor
Know all men by these presents, that we Margaret Fetherstonhalgh of the town and county of Newcastle upon Tyne widow and Jasper Harrison of the same place gentleman do stand and are firmly bounden and obliged unto the worshipful Francis Topham Doctor of Law Commissary and Keeper General of the Exchequer and Prerogative Court of the most Reverend Father in God Robert by Divine Providence Lord Arch Bishop of York Primate Of England and metropolitan lawfully constituted in the sum of two hundred pounds of good and lawful money of Great Britain to be paid to the said Commissary or his true and lawful Attorney Executors Administrators or Assigns to the which payment well and truly to be made We bind us and each of us jointly and severally for and in the whole our and each of our heirs executors and administrators and every of them firmly by these presents Sealed with our seals Dated the ninth day of the month of December in the year of our Lord one thousand seven hundred and sixty eight
The condition of this obligation is such that if the above bound Margaret Fetherstonhalgh widow relict and Administratrix of the goods chattels and credits of William Fetherstonhalgh gentleman deceased whilst living the son sole executor and residuary legatee named in the last will and testament of Ralph Fetherstonhalgh late of the town and county of Newcastle upon Tyne in the Province of York [having Bona Notabilia ] gentleman deceased do well and truly execute and perform the said will and do likewise administer his goods chattels and credits according to law And do pay his debts and legacies so far as his goods will extend and Law shall bind her if also she do exhibit into the Prerogative Court at York a true and perfect inventory of all and singular the goods rights credits cattles and chattles of the said deceased and do make a true and just accompt of the same when she shall be thereunto lawfully called And moreover if need require enter into further bond with more sufficient sureties for the performance of the premises as the Judge of the said court for the time being shall think requisite and needful And lastly do save defend and harmless keep the above named Judge and all his officers and ministers against all persons by reason of the premises Then this present obligation to be void and of none effect or else to remain in full force and virtue
Sealed and delivered in the presence of Margaret Fetherstonhalgh Cuth Wilson Jasper Harrison