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The will of THOMAS FISHBURN
(proved on 29 October 1805(11/1432)).
I Thomas Fishburn the Elder, of the Township of Ruswarp in the Parish of Whitby in the County of York, Shipbuilder, do make, publish,
and declare this my last Will and Testament in manner following, that is to say - I give and devise unto my only Son, Thomas Fishburn and to his Heirs, Executors and Assigns respectively according to the several
natures and tenures thereof, all that my now Dwelling House, Messuage or Tenement with the Garden and Appurtenances to the same belonging, and also all those my Ship Yards, Ship Works, Dry Docks, Closes or Parcels
of Ground called Walker Sand Closes and Thistle Closes Rope Walk, several Dwelling Houses or Tenements and all other my lands, Tenements and Hereditaments whatsoever situate in the Township of Ruswarp aforesaid,
with the Rights, Members and Appurtenances to the same respectively belonging or appertaining, likewise all that my Messuage, Farm and Farmhold with all Lands and Grounds to the same belonging or appertaining
situate at Arlan (?) near Malton in the said County of York, now or late in the occupation of John Cooper.
I give and devise unto my only daughter Sarah Bateman and to (her) Heirs, Executors and Assigns
respectively according to the several natures and tenures thereof all my Messuages, Farms, Lands, Tenements and Hereditaments whatsoever situate lying and being within the several Townships of Ugglebarnby and
Eskdaleside in the parish of Whitby aforesaid with their and every of their rights, Members and Appurtenances, also my seat, S stall or pew in Sleights Chapel, likewise all that Messuage or Tenement situate in
Baxtergate in Whitby aforesaid now occupied by Alice Teasdale, widow, together with the small Dwelling Houses or Tenements at the back part thereof which I purchased of Thomas Hall And his Brother Francis Hall, also
the Messuage or Tenement situate likewise in Baxtergate in Whitby aforesaid with its Appurtenances now in the occupation of Joseph Hill.
I give to my Grand Daughter Elizabeth Brodrick the Sum of Eight
Hundred pounds, To my Grand Daughter Alice Teasdale the like Sum of Eight Hundred pounds, and to my Niece Jane Hutchinson the Sum of two hundred pounds to be paid them respectively six calendar months after my
decease.
I invest in my Executors hereinafter named, the Sum of Eight Hundred pounds upon the Trusts and for the intents and purposes following, that is to say, upon Trust to place the same out at Interest upon
Government or other good and Sufficient Security, and to pay the Interest thereof from time to time, when and as the same shall arise and be received, to be computed from and after the Expiration of three Calendar
Months after my decease into the proper hands of my Grand daughter Mary Ward during the joint natural lives of herself and her present husband Thomas Ward, my intention being that such Interest shall not be liable
to her said husband's Debts, Engagements or Control and that her, my same Grand daughter's receipts only shall be Sufficient discharges from time to time for the same, and upon further Trust that if the said
Mary ward should happen to survive her said husband, to pay or transfer to her the said principal Sum of Eight Hundred pounds unto and for her own sole proper use and benefit, but if she should happen to die in the
lifetime of her said husband and leave Issue, Child or Children, to pay and divide the same principal Sum unto or amongst such Issue equally between or amongst them if more than one, when and as they shall severally
attain the age of Twenty One years, and unto, between, or amongst the Survivors or Survivor, others or other of them, from time to time in case of the death of any one or more of them without leaving Issue under the
age of Twenty one years, the Interest of their respective proportions to be in the mean time however paid or applied for or towards their respective Maintenance and Education, but if my same Granddaughter Mary Ward
should happen to die in her said husband's lifetime without leaving Issue her Surviving or living such all of them should afterwards happen to die without Issue under the age of Twenty one years, then and in
either of such Cases ..?..quorate the said last mentioned Sum of Eight Hundred pounds unto and equally between my said Son and Daughter, their respective Executors or Admtors.
I give to my Sister in Law
Sarah Fishburn, Widow, the sum of five shillings weekly and every week from my death during her natural life, and subject to the payment of the said several pecuniary Legacies or Sums of Money and weekly pension,
also of my just Debts and funeral expenses.
I give devise and bequeath all the residue and remainder of my real Estate, also all my ? out at Interest and Securities for Money, Goods, Chattels, Furniture,
plate and personal Estate and Effects whatsoever and of what nature or kindsoever unto and equally between my said Son and Daughter Thomas Fishburn and Sarah Bateman, to hold to them their several Heirs, Executors
and Assigns respectively as Tenants in Common according to the several natures and tenures thereof,
And lastly I appoint them my same Son and Daughter joint Executors of this my last Will and Testament
hereby revoking all former Wills by me heretofore made. In Testimony whereof I have hereunto set my hand and Seal this thirteenth day of February in the year of our Lord One thousand Eight hundred and two..Thos.
Fishburn.
Signed, sealed, published and declared by the above named Testator Thomas Fishburn, as and for his last Will and Testament in his presence and in the presence of each other have hereunto subscribed our
Names as Witnesses thereof...Peter Thompson..Thomas Webster..Fra. Wardale...,
This Will was proved before the Reverend Joseph Robertson, Clerk Surrogate of the Right Worshipful Osborne Markham, Master
of Arts Commissary and Keeper General of the Exchequer and prerogative Court of the Reverend Father in God William by Divine Providence Lord Archbishop of York, Primate of England and Metropolitan lawfully
constituted and on the Eighth day of October in the year of our Lord One thousand Eight hundred and five administration of all and Singular the Goods Chattels Rights and Credits which were of the said Thomas
Fishburn deceased was granted to Thomas Fishburn and Sarah Bateman, widow, his son and daughter and joint Executors in the said Will named, they having been first sworn as the Law requires before the said Surrogate,
saving the right of every other person. Joseph Burke….Deputy Register
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