Thomas Smith’s Will 1827

Even though Thomas Smith is not one of my direct ancestors, his will is useful because it mentions many Smith family members, including my great-great-grandfather Lancelot Smith of Gamblesby.

The will is longer than many and provides very specific information about the freehold land he gave to two of his nephews, William Smith and Lancelot Smith.  The will also names three of his nephews – Thomas Smith, John Morton and William Jamieson (or Jameson) – as his co-executors.  And finally it also names his seven other nephews and nieces (and the names of the nieces’ husbands), which is useful information.  By my count, that means he had seven nephews and five nieces living at the time he signed the will in 1825.

In the name of God Amen I Thomas Smith of Gamblesby in the Parish of Addingham in the County of Cumberland Gentleman being of sound and disposing mind, memory and understanding do make this my last Will and Testament in Manner and form following.  I give and bequeath unto my sister Mary Morton the sum of One Hundred pounds Sterling to be paid to her at the end of Twelve Months next after my Decease I also give and bequeath unto my said sister Mary Morton my Bed and Bedding and all my Furniture and Goods and Effects in the dwelling House at Gamblesby wherein I now reside along with my said sister (except my Monies and Securities for Money) I also give, devise and bequeath unto my Nephew William Smith all that my Freehold Close or Enclosure of Land called and known by the name of Windhow situate, lying and being at Melmerby also that parcel of Land called Low Wreas, situate at Melmerby aforesaid, also all that parcel of Land called and known by the Name of Tofts or Toftlands, situate at Melmerby aforesaid to have and to hold the same to him the said William Smith his Heirs and Assigns for ever I also give devise and bequeath to my Nephew Lancelot Smith all those my Three Freehold Enclosures Messuages, Lands Tenements, and Hereditaments called and known by the Names of High-Wreas and Comaty-Gill included in the above last named parcel, situate at Melmerby aforesaid, to have and to hold the same to him the said Lancelot Smith his Heirs and assigns for ever Also I give and bequeath to my Nephew Thomas Smith my pinchbeck Watch which I now wear and I request that it may be given unto him as soon as conveniently may be after my Decease. Also I give and bequeath unto my Three Nephews Thomas Smith, John Morton and William Jamieson their Executors Administrators and assign all and every my personal Estate and Effects whatsoever and wheresoever and of what nature or kind soever the same may be not hereinbefore specifically given and disposed of by this my Will, upon Trust, to collect, recover and get in the same and after payment of the Legacies hereinbefore given by this my Will and all my just Debts Funeral and Testamentary Expenses and the Costs and Charges attending the Execution of the Trusts of this my Will Then upon this further Trust that they my said Trustees shall pay and divide all the residue an remainder of my Monies arising from my personal Estate and Effects equally between and amongst themselves the said Thomas Smith, John Morton William Jamieson and my seven other Nephews and Nieces following that is to say, John Jameson, Joseph Jameson, Mary the wife of Thomas Harrison, Hannah the wife of John Jameson, Agnes the wife of Joseph Longrigg, Isabel the wife of Joseph Sawer, and Mary the wife of John Huddart share and share alike – and I direct that the same shall immediately upon my Death be, and considered vested Interests in my said Nephews and Nieces respectively I give and devise all such Messuages Lands and Tenements as are now vested in me upon Mortgage unto the said Thomas Smith John Morton and William Jamieson and the Survivors and Survivor of them and the Heirs of the Survivor upon Trust the better to enable them to receive the principal and Interest due on such Mortgaged Estates, and to pay and divide the same in equal shares and proportions amongst my above named Nephews and Nieces And lastly I appoint the said Thomas Smith John Morton and William Jamieson joint Executors of this my last Will and Testament, hereby revoking and making void all former and other Wills and Testaments by me at any time heretofore made, and make declare and publish this only to be my last Will and Testament In Witness whereof I the said Thomas Smith have to this my last Will and Testament set my Hand and seal the first Day of January in the year of our Lord One Thousand Eight Hundred and Twenty-five    Thomas Smith (S.S.)

Signed Sealed published and declared by the said Thomas Smith the Testator 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 hereunto subscribed our Names as Witnesses thereto   John Jackson  John Falder  Mary Westgarth   Effects under £800 proved by Thomas Smith John Morton and William Jameson Joint Executors  1st March 1827

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