William Smith lived from 1781 to 1857 and had eleven children, of whom seven survived to adulthood. He inherited the Melmerby freehold property from his father John and in turn handed it on to his son, also called John.
This is the last Will and Testament of William Smith of Churn of the Parish of Melmerby in the County of Cumberland Yeoman whereby I give and dispose of all my Estate and Effects as hereinafter mentioned I give and bequeath unto my dear wife Mary Smith all my household goods chattels and furniture of every description shall be in or about my dwelling house at the time of my decease To hold the same unto and to the sole use and benefit of my said wife Mary Smith and at her own will and pleasure to dispose of the same as she may think proper I give and devise to my dear wife Mary Smith the dwelling house and Garden which I occupy at the time of my decease to her sole use and benefit for the time of her natural life I give and devise all that my freehold Messuage and Tenement Buildings (except the dwelling house and Garden above mentioned) lands grounds and hereditaments with the appurtenances thereunto belonging commonly called and known by the name of Churn situate at Melmerby aforesaid and now in the possession of William Smith Junr. as tenant unto my son John Smith and his heirs To hold the same unto and to the sole use and behoof of my son John Smith his heirs and assigns for ever I give and devise all that my freehold and all those my copyhold Messuages and Tenements Buildings and hereditaments situate at Gamblesby in the Parish of Addingham in the said County of Cumberland and now in the occupation of John Smith (except which shall be hereinafter mentioned) unto my son William Smith and his heirs To hold the same (according to the Custom of the Manor of Gamblesby) with all the rights members and appurtenances thereunto belonging unto my said son William Smith his heirs and assigns for ever Subject to the payment of the sum of one hundred and forty pounds a piece to each of my four daughters viz to Ann the wife of Benjamin Dobson, Mary Smith, Agness the wife of Joseph Scott and Elizabeth Smith or to their personal representatives to be paid at the expiration of one year after my decease I give and devise all that the Cottage House Garden and all those Copyhold fields known by the names of Croft Bowen situate at Gamblesby aforesaid unto my son Lancelot Smith his heirs and assigns for ever To Hold the same according to the Customs of the said Manor of Gamblesby I order that my beloved wife Mary Smith be at the sole expense of my funeral I give and bequeath all the rents of all the aforesaid Messuages and Tenements Buildings and Lands situate at Melmerby and Gamblesby aforesaid for one year after my decease to my beloved wife Mary Smith to be disposed of as she may think proper I give and bequeath all the rest residue and remainder of my goods Chattels and personal Estate whatsoever and wheresoever and of what nature or kind soever unto my said sons John Smith and William Smith after all my just debts an testamentary expenses shall be first paid thereout And I appoint my said son John Smith Sole Executor of this my last Will and Testament In witness whereof I the said William Smith the Testator have to this my last Will and Testament contained in this and the foregoing sheet of paper signed my Name at the foot thereof this twenty third day of August in the year of our Lord one thousand eight hundred and fifty six William Smith Signed and published by the said William Smith the Testator as and for his last Will and Testament and the signature of the said Testator thereto made and acknowledged by him in the presence of us the undersigned being witnesses present at the same time and who at the request of the said Testator do attest and subscribe the said Will in his presence John Slee Joseph Jameson
Proved 24th October 1857 by the Oath of John Smith the Executor
Effects under £100