John Major of Harby 1739 Will
Leicestershire, Leicester and Rutland Archives, Leicestershire Wills and Probate Records 1739
In the name of God Amen I John Major of Harby in the County of Leicester Clerke being infirme but of sound mind memory and understanding Praised be Almighty God for the same do make this my last will and testament in manner and forme following
First I commit my Soul into the hands of God and my body to the Earth to be buried in the Chancell of the Parish Church of Harby aforesaid as near to my wife as may be at the discretion of my Executors hereinafter named
And as to my personall Estate I dispose thereof as followeth
Whereas my brother Thomas Major and his Son Robert Major are indebted unto me in the Principal Sume of one hundred and Sixty pounds eighteene Shillings Nine pence by an Indenture of assignement being Tripartite of a Terme of years of Lands tenements and hereditaments in Yorkshire bearing date on or about the twenty Seventh day of September which was in the year of our Lord one thousand Seven hundred twenty three as in & by the said Indenture relation being had may fully appear
And Whereas in and by one obligation bearing date on or about the first day of October which was in the year of our Lord one thousand Seven hundred twenty three the said Robert Major became bound to me in the Penal Sume of One hundred pounds Conditioned for the true payment of fifty pounds with interest as in by the said Obligation and Condition relation being had may fully appear
And whereas by an Endorsement on the back of the said Obligation it appears there was no more money due on the said obligation than the sume of thirty nine pounds one Shilling three pence reference being had thereunto may fully appear
Now my will and mind is that the said Robert Major shall well and truly pay or cause to be paid unto his brother John Major the full and just Sume of twenty pounds six months next after my decease part of the money due on the said mortgage and obligation and the Residue of the money due on the said mortgage obligation I hereby doe fully remit release acquit and discharge the payment thereof and Surrender up the Residue and remainder of the Terme of years then to come of and in the Lands tenements and hereditaments in the said Indenture Tripartite mentioned and expressed
Item I give unto my niece Hannah Falkner one Silver Salver and five pounds in money Six months after my decease
Item I give Ten pounds to be distributed to the Poor Inhabitants of the Parish of Harby aforesaid at the discretion of my Executors hereinafter named
Item I give and bequeath All the Rest Residue and remainder of my Goods Chattells Cattells Credits and personall estate whatsoever, after payment of my debts, the aforesaid several Sums of five pounds and ten pounds and my funerall expences, Unto my niece Gartrude Major
And I do hereby make the said Gartrude Major my Nephew John Neale Esq and my said brother Thomas Major Executors of this my last will and testament and do revoake all former wills and testaments by me made
In Witness whereof I the said John Major the testator to this my last will and testament have put my hand and Seale the Sixth day of March in the Year of our Lord God one thousand Seven hundred thirty and three
J Major
Signed sealed published and declared by the testator for and as his last will and testament in the presence of us who all of us in his presence have put our names hereunto as witnesses
Thomas Kirke )
Will Jackson ) of Harby
Richd Cheselden of Melton Mowbray
Be it knowne unto all men by these presents That Whereas I John Major of Harby in the County of Leicester Clerke have made and declared my last will and Testament in writing bearing date on or about the Sixth day of March last past before the day of the date of these presents That now for as much as I have changed my mind touching certaine things in the said last will contained And for and concerning all other things in the said last will mentioned (other than such as I shall not hereby otherwise dispose of) I do my this present Codicill confirme and ratifie the said last will
And first whereas it is recited in my Said last will that my brother Thomas Major and his son Robert Major are indebted unto me by Indenture of Mortgage the principall Sume of One hundred and sixty pounds Eighteen Shillings and nine pence And whereas it is also thereby recited that the said Robert Major is indebted unto me by Bond and Endorsement thereon the Sume of Thirty nine pounds one Shilling and three pence As in and by the said Severall recitals reference being had my more fully appear
And whereas (by my said last will) I do will that the said Robert Major shall pay unto his brother John Major the Sume of Twenty pounds six months after my decease part of the money due to me on the said Mortgage and Obligation and the residue of these Sumes I thereby remitted and discharged the payment thereof
My will now is that the person and persons to whom I have remitted and discharged the residue of the said money due on the said Mortgage and Obligation shall bear and pay One Moyetie and full halfe part of all Sume and Sumes of money that shall be paid allowed or Expended by my Executors either or any of them to the next successor to the Rectory of Harby aforesaid after my decease for Delapidations of the Parsonage house of Harby aforesaid with the appurtenances or on account thereof out of the moneys due on the said Mortgage and Bond (after the said Twenty pounds shall be first paid as aforesaid) and also the other Moyetie or halfe part thereof I will shall be paid out of my personall estate that I have (by my said last will) given and bequeathed to my Neece Gartrude Major by even and equall portions and shares without any regard to be had to the value of either of the said gifts or bequests
And my will is that this Codicill or Schedule to be and be adjudged and taken to be parcel of my last will and to be of force by right of a Codicill or by any other right in the best manner that may be as if the same were so declared and set downe in my last will and testament
In witness whereof to this present Codicill I have subscribed my name and put my seale the four & twentieth day of June in the year of our Lord One thousand Seven hundred and thirty four
J Major
Sealed and delivered in the presence of us
Tho Kirke
Ralph Whittle
Will Jackson
Gartrude Major one of the Extors was Sworn the 11th July 1739
Before us Geo: Newell
(And power at the same time Reserved for the two other Extors)