Monday 21 January 2013

The Will of Thomas Passman of Hutton Rudby, 1828

More from my working notes.  Again, I can't guarantee accuracy.  Thomas Passman's Will is to be found at the Borthwick Institute, York.

Thomas Passman was a yeoman farmer. 

On his death in 1830, he owned houses, buildings, yards, garths and gardens and a 4 acre close called the Holme or Hunters Holme.  Part of the property had been bought by William Passman in 1729; part Thomas had bought from Elizabeth Souter and Robert Moon Souter in 1822.  His trustees were Thomas Tweddle and Thomas Kingston;  he left his estate to his daughter Mary Kingston and her family.  The Kingston family were related to the Hebbrons. 


Thomas Passman:  Will dated 20 Oct 1828, died 11 Sep 1830, aged 80

Summary
Executrix:  Mary Kingston, his daughter.  Trustees:  Thomas Tweddell and Thomas Kingston.  His houses and the close called the Holme to his trustees on trust for sale, with daughter Mary Kingston to have a life interest.  On her death, her daughters – Elizabeth, Margaret, Mary Ann & Eleanor - to have £20 each, and the residue to go to his grandson Thomas Kingston.  Household effects and ready money to Mary Kingston
This is the last Will and Testament of me Thomas Passman of Hutton near Rudby in the County of York Yeoman made the twentieth day of October in the Year of our Lord one thousand eight hundred and twenty eight



I give and devise all my Messuages dwellinghouses or tenements with the Out offices yards garths gardens and appurtenances thereunto belonging And my Close or parcel of ground called The Holme all situate and being within the Town Township or territories of Hutton near Rudby aforesaid and all other my real estate

Unto and to the use of Thomas Tweddell of Middleton upon Leven in the said County Farmer and my Grandson Thomas Kingston of Hutton near Rudby aforesaid Linen Manufacturer their heirs and assigns
In trust as soon as conveniently may be after my decease or at such time or times as they shall think most proper and expedient to sell and dispose of the same premises either entirely or in parcels and by public sale or private contract to any person or persons who shall be willing to become the purchaser or purchasers thereof for the best price or prices that can be reasonably had or gotten for the same

And upon payment of the Money to arise and be produced by such sale of the said premises or any part thereof to sign and give proper receipts for the same which receipts I do hereby declare and direct shall effectually discharge the respective purchaser or purchasers of the same premises or any part thereof off and from so much of the purchase Money as shall therein be acknowledged or expressed to be received
And such purchaser or purchasers shall not afterwards be answerable or accountable for any loss misapplication or non application of such purchase money or any part thereof

And I declare and direct that the said Thomas Tweddell and Thomas Kingston their heirs executors administrators and assigns shall stand and be possessed and interested of and in the Money to arise by the sale of my said real estate to them devised as aforesaid

Upon the following Trusts (that is to say)

In trust in the first place thereout to pay all Mortgage debts and other real incumbrances affecting the same premises

And In trust to place out or invest the residue or surplus of the Money to arise and be produced from my said real estate as aforesaid which shall remain after payment of my said Mortgage debts and other real incumbrances in or upon Government or real securities at interest until the same shall become payable by virtue of the Trusts and directions of this my will

And I declare and direct that the said Thomas Tweddell and Thomas Kingston their executors administrators and assigns shall stand and be possessed and interested of and in the said principal Money so to be placed out or invested as aforesaid

Upon the Trusts following (that is to say)

In trust to pay to or otherwise to permit and suffer my daughter Mary Kingston of Hutton near Rudby aforesaid widow and her assigns to receive and take the interest or yearly dividend thereof as the same shall come in and be received during her life and up to the date of her death and from and after her decease In trust out of the said principal Money hereinbefore directed to be placed out or invested as aforesaid to pay To my granddaughters Elizabeth Kingston Margaret Kingston Mary Ann Kingston and Eleanor Kingston children of my said daughter Mary Kingston the legacy or sum of Twenty pounds each And I direct that the same several legacies shall be paid to the respective legatees at the times and in the manner following (that is to say) the legacy or respective legacies of such of them as shall have attained the age of twenty one years at the decease of my said daughter Mary Kingston to be paid at the end of six calendar months next afterwards with the interest attending the same from the time of her decease until the actual payment thereof and the legacy or respective legacies of such of them as shall be under the age of Twenty one years at the decease of my said daughter Mary Kingston to be paid as and when they shall respectively attain that age with the interest attending the same in the mean time to be applied for their respective Maintenance education and benefit in such manner as my said Trustees or Trustee for the time being shall think proper And in Trust to retain or pay the residue or surplus of the said principal money hereinbefore directed to be placed out or invested as aforesaid (which shall remain after paying the several legacies or sums of Money hereinbefore directed to be paid thereout) unto my said Grandson Thomas Kingston his executors administrators or assigns

And I declare and direct that from and after my decease until the sale or sales hereinbefore directed to be made of my said real estate shall be made and executed the rents and annual profits thereof shall be paid to such person or persons and applied to such purposes and in the same proportions and manner as the interest of the Money to arise by such sale or sales would after the same sale or sales be payable or applicable to

I give and bequeath all my household goods and furniture plate books linen and china and also all my clothes and wearing apparel and my ready Money and Money upon Securities and all other my personal estate and effects whatsoever unto my said Daughter Mary Kingston her executors administrators and assigns for her own use and benefit

But subject to the payment of my funeral and Testamentary expenses and the simple contract debts which I may owe at the time of my decease

And I constitute and appoint my said daughter Mary Kingston sole executrix of this my will

And I give and devise unto the said Thomas Tweddell and Thomas Kingston their heirs and assigns all such real estates as are now vested in me

Upon any Trust or Trusts

To hold the same unto and to the use of the said Thomas Tweddell and Thomas Kingston their heirs and assigns

Upon the Trusts affecting the same

And I hereby declare and direct that the said Thomas Tweddell and Thomas Kingston their respective heirs executors administrators and assigns shall not be answerable or accountable the one for the others or other of them and by no means for involuntary losses

And that they respectively their respective heirs executors administrators and assigns shall and may be allowed and may retain out of the said Trust estates Monies and premises all their costs charges damages and expenses to be occasioned by the execution of the Trusts hereby in them reposed in relation to the same estate monies and premises respectively

And I hereby revoke all former and other wills by me at any time heretofore made and declare this only to be my last will and Testament
In Witness whereof I have to this my last will and Testament set my hand and seal the day and year first within written

Thomas Passman
The Writing contained in this and the two preceding pages was signed and sealed by Thomas Passman of Hutton near Rudby in the County of York Yeoman and by him published and declared as and for his last will and Testament in the presence of us who as witnesses thereof have hereunto subscribed our names in his presence at his request and in the presence of each other

George Williams
Jno Petty
James Donaldson


I do hereby certify that on the seventh Day of October, in the Year of our Lord 1830, Mary Kingston of Hutton near Rudby in the County of York, Widow, the Daughter and sole Executrix named in this the last Will and Testament of Thomas Passman late of Hutton near Rudby aforesaid, in the Diocese of York, Yeoman deceased, was sworn well and truly to execute and perform the same; and that the whole of the Goods Chattels and Credits of the said deceased, within the Diocese of York do not amount in Value to the sum of twenty Pounds.
Witness my Hand
John Graves, Surrogate

Sworn under £20
Exchequer
Died 11th Septr 1830

Passed 26th Octobr 1830 Undr 20 l.


Notes

Deeds:        William Passman of Sexhow yeoman owned land on East Side (deed dated 1729).  The same land passed to Thomas Passman of Hutton yeoman in 1789, and he sold it to Robert Bailleur in 1818. 
A little way further north on East Side, William Passman the younger of Sexhow yeoman bought a house and garth in 1746, and sold it on twelve years later to Palliser Taylor. 
The 4a close known as Hunters Holme occupied by Thomas Passman and then by Thomas Kingston is mentioned in a deed of 1845, when it was occupied by the doctor Edwin James Wilson; the will of Thomas Passman is recited in the deed.
At his death, Thomas Passman owned houses, garths and gardens and the close called the Holme.

Tithe Map c1840:    shows the field no. 41 owned by Mary Kingston and occupied by John Hammond to be 3a 2r 16 p in size.  This must have been part of the original close.  The adjoining field no. 43 Holme (meadow) for example is 2a 35p in size.  Also adjoining no. 41 is field no. 47, then owned by Richard Rhodes and occupied by William Ellis, which was 1a 0r 4p in size.  Mary Kingston also owned a house and yard half way along East Side, occupied by John Hammond (no. 34)

Tweddle family:    Thomas Tweddle is a farmer in Middleton in the 1823 Baines and John Tweddale is named in the 1840 Whites as a farmer at Middleton; Tweddles continued to farm at Middleton Farm house throughout the censuses of 1841 to 1871.

Kingston family:   
Memorial Inscriptions:   
4 – Charles Kingston d 28 Nov 1823 a41 & Mary his widow d 4 Feb 1844 a64.    
5 – Eleanor wife of Samuel Hebbron d 21 Jan 1817 a24 & her mother Betty Kingston d23 Jun 1832 and their daughter Elizabeth Hebbron d 31 Aug 1838 a22
6 – Elizabeth, daughter of George & Betty Kingston d 1 Jun 1807 a19
185 – Charles, son of John & Eleanor Kingston d 14 Sep 1854 a 62.  The said Eleanor Kingston d 3 May 1868 a47 and John late of Gt Broughton d 1906

•    Mary Passman married Charles Kingston on 21 May 1807.  They had children:  Thomas, Elizabeth, Margaret, Mary Ann and Eleanor. 

•    Elizabeth Kingston married the blacksmith Jeremiah Raney of Hutton when she was 30 and he 29 on 16 Apr 1839.  His father was Richard Raney, blacksmith, and her father was Charles Kingston, publican.

•    she is the Mrs Raney, host of the Wheatsheaf, and host of the Oddfellows Lodge

•    so it is clear that Thomas Passman’s property – owned by his daughter Mary Kingston in the Tithe Map – was the Wheatsheaf Inn.

•    his Will provided for several legacies to his grandchildren, amounting to £100.


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