19.2.1 The Will of John Stoney of Kettlewell, Yeoman, 1771

John Stoney was possibly my 6xgreat grandfather – grandfather to my 3xgreat grandfather William Moorhouse Stoney, who was (also possibly) the illegitimate son of Mary Stoney. John Stoney died in April 1771 and was buried at Kettlewell, in the West Riding of Yorkshire, where he had lived – as far as I can tell – all his life, married (probably twice) and raised a large number of children, almost all girls. The will is lengthy with legalistic prose and many detailed bequests to family members, which is helpful in reconstructing how – if at all – Mary Stoney and her son William Moorhouse Stoney – fit in. The transcription (and therefore any errors) is all mine. The cover page records the grant of probate to his widow, Ann:

Execrs of the Will of John Stoney late of Kettlewell ???? was granted to Ann Stoney widow relict and sole executrix. By Carr 10 October 1771

The Will of John Stoney of Kettlewell

The next page simply says: 30th March 1771, John Stoney’s will. On page 3, the will starts in the usual fashion:

This is the last will and testament of me John Stoney of Kettlewell in the County of York Yeoman which I make in manner and form following that is to say I give and devise to my son Jonathan Stoney all that my messuage and my dwelling house wherein I reside together with the appurtenances thereunto belonging and all other my estate situate within the township of Kettlewell aforesaid which is of the nature of freehold I hold the same and every part thereof unto him my said son and his heirs and assigns forever Subject nevertheless and upon express condition that he and they permit and suffer my dear wife Ann Stoney without any molestation whatsoever to use occupy and keep my said messuage and dwelling house with the turfhouse and garden thereunto belonging and adjoining and during so long as she shall remain my widow which I intend as a place of residence for her during that state Also I give devise and bequeath unto my said son Jonathan Stoney all my lands tenements and premises with their and every of their appurtenances situate in Kettlewell aforesaid which I hold by term of years and which is of the nature of leasehold to hold the same unto him my said son his executors administrators and assigns from and immediately after my decease for and during the remainder of all such term and terms of years as at the time of my decease I may happen to have unexpired therein yielding and paying thereout yearly unto my said dear wife and her assigns the sum of forty shillings during her widowhood as aforementioned and no longer which I hereby direct shall be paid by half yearly payments the first whereof and to commence and be made immediately at the end of six months after my decease To my daughters to wit Dorothy, Ann, Mary, Alice and Hannah I give each the sum of one pound and one shilling to be paid to them respectively at the end of twelve months next ensuing my decease by my executrix hereinafter named whom I do hereby direct to discharge all my just debts, my funeral expenses and the expense of proving this my last will and testament and I do hereby constitute and appoint my said dear wife Ann Stoney sole executrix of this my said last will and testament and whereas by reason of the abovementioned devise of my freehold estate it may happen that my brothers Robert Stoney and James Stoney may come to be disturbed in the possession of the dwelling house that they now inhabit I do hereby declare that at the time of erecting thereof it was agreed between my said brothers that in consideration of the expense which they were at therein they should hold the same during their joint lives and the life of the longer liver of them quietly and without any form of claim from me or mine which said agreement I do hereby solemnly confirm In witness whereof I have hereunto set my hand and seal this thirtieth day of March in the year of our lord one thousand seven hundred and seventy one

Signed sealed published and declared by the testator as and for this his last will and testament in the presence of us, who in his presence, and in the presence of each other, and at his request have as witnesses hereunto subscribed our names

Abraham Gopham?  John Bolland   Warren Simondson

John Stoney’s ‘hand’ in signature alongside his seal is somewhat shaky – perhaps from old age or infirmity, or perhaps because he wasn’t used to writing.

 

Appended after this is the declaration of one of the witnesses and the executrix:

Know all men by these presents that we Ann Stoney of Kettlewell in the County of York Widow and Warren Simondson of Starbotton in the parish of Kettlewell aforesaid Gentleman do stand and are firmly burdened and obliged unto the Worshipful PETER JOHNSON Master of Arts Commissary of the Exchequer 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 Fifty 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 made We bind us and each of us jointly and severally for and in the whole of them firmly by these presents sealed with our seals Dated the nineteenth day of the month of September in the year of our lord one thousand seven hundred and seventy one The condition of this obligation is such that if the above bound Ann Stoney relict and sole executrix named in the last will and testament of John Stoney late of Kettlewell aforesaid in the diocese of York Yeoman deceased do well and truly execute and perform the said the last will and testament of the deceased And do pay his debts and legacies so far as his goods will extend law shall bind her if also she do exhibit into the Exchequer 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 joint 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 premisies 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 Premisies 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 Tho. Carr Surrogate Ann Stoney X her mark] Warren Simondson

Ann Stoney the within named executrix was duly sworn before me Tho. Carr Surrogate. Past? 10th October 1771.

From this we can reconstruct the family of John Stoney as it was at the time of writing his will in March 1771:

His wife was Ann (formerly Pawson, as per the marriage record of 1748) and his children were:

• ·       Jonathan, his son, who was to receive the bulk of the legacy of lands and property, freehold and leasehold, but permit Ann Stoney to continue living in his ‘dwelling house’ for the remainder of her widowhood and receive 40 shillings annually from the produce of the land
• ·       Daughters (probably in order of birth): Dorothy, Ann, Mary, Alice and Hannah who are each to receive “the sum of one pound and one shilling to be paid to them respectively at the end of twelve months next ensuing my decease by my executrix”
• ·       Brothers James Stoney and Robert Stoney to continue to live in the ‘dwelling house that they now inhabit’ for as long as they live (ie until the death of the surviving one)

The guinea to each of his daughters is a gesture only, as they would not be expected to retain any monies given to them as these would immediately become the property of their husbands (whether married at the time or later). None of them is described as ‘the wife of …’ so they were all presumably at this point unmarried and, possibly, under age.

For the sources mentioned in bold, see blogpost: MyRoots: Lesly's family history: Sources and resources: A quick view