Transcript of the will of James Burrow 1729

stmarycrosthwaite2
St. Mary, Crosthwaite, Westmorland

James Burrow, one of my 9th great grandfathers, was born in about 1657, and was a yeoman.  At the time of his marriage to Jennet Swenson, daughter of Edward on the 4th October 1682 at St. Mary, Crosthwaite, Westmorland, James was of Underbarrow and Jennet was of Winster, both close by to Crosthwaite.

The couple had 6 children that I know of;  William, Septimus, Elizabeth, Janett, James and Miles.

At the time of his death in 1730, James was living at Crosthwaite Green.  He was buried at St. Mary, Crosthwaite on the 8th March 1730.

James’s will is dated the 14th December 1729, and probate was granted in 1730.

In the name of God amen, I James Burrow of Crosthwaite in the parish of Heversham and county of Westmorland yeoman being at this time aged and infirm of body;  yet of sound and perfect mind and memory, doe make publish and declare this my last will and testament in manner and form following:

First and principally I commit my soul into the merciful hand of almight God my maker and creator and my body to the grave to be interred according to the discretion of my loving wife and executor hereinafter named and my temporal estate I dispose of as followeth.

Imprurius I give and devise all that my freehold messuage and tenement situate lying and being at Tarnside in Crosthwaite of the annual free rent of eleven shillings and ten pence with all the rights and appertenances thereunto belonging unto my son William Burrow and his heirs and assigns forever upon the conditions hereinafter mentioned.

Upon condition that he my said son his heirs and assigns shall and doe well and truly pay or cause to be paid unto Jennet my loving wife the sum of five pounds yearly during her natural life at four even and equal payments in every year during the said term on the second day of February on the first day of May on the first day of August and on the eleventh day of November yearly for and in full satisfaction and lieu of her dower forth and out of the same if my said wife please so to accept thereof and the first of the quarterly payments to commence on the first of those days which shall happen next after my decease

but if my said wife refuse to accept thereof in full satisfaction of her dower then the above said annuity to her bequeathed to be null and voyd and also upon condition that he my said son William Burrow his heirs and assigns shall and doe pay forth and out of the said estate the sum of two hundred and forty one pounds fifteen shillings of good and lawful money of Great Britaine in manner following:

the sum of one pound fifteen shillings part thereof unto my son Myles Burrow his executors and administrators at the end of one whole year after my decease and the sum of one hundred and sixty pounds also part thereof unto my son James Burrow at the end of one whole year next after my decease and the sum of eighty pounds and residue thereof at the end of one year next after my decease of my said wife unto my daughter Elizabeth Burrow

and it is further my will and mind that if either of these my two last named children and legators shall happen to dye before his or her legacy fall due and without lawful heir then living past them then five pounds of the legacy of him or her so dying shall be paid to my son Myles Burrow his executors and administrators and one half of the residue thereof unto the survivor of them and the other half of the said residue will shall be and remain to my said son William Burrow and his heirs but if the deceased leave issue that then the legacy of him or her so dying shall be paid to his or her heir equally amongst them at the same time it would have fallen due to him or her so dying.

I give and devise all that my parcel of peat moss which I purchased of Robert Noble of Mosside belonging to Whitebeck and also all that my parcel of peat moss late in the possession of John Atkinson and adjoining to a parcel of moss belonging to William Gibson together with three yards in length of the west end of my peat coat adjoining to the highway heading from Whitebeck to Cockmoss with all the rights and appertenances belonging to them or any of them unto my son James Burrow and to his heirs and assigns forever.

And the residue of my peat coat aforesaid I give and devise unto my said son William Burrow his heirs and assigns forever.  I give and bequeath all the loose wood lying and being in my peat barn at Tarnside aforesaid unto my son James Burrow.  I give and bequeath all my household goods and husbandry gear situate lying and being at Crosthwaite Green where I now dwell unto Jennet my loving wife sole executor of this my last will and testament.

I constitute and appoint my son William Burrow abovenamed unto whom I give and bequeath all the rest and residue of my goods cattell and chattels rights credits and personal estate whatsoever unbequeathed he paying all my just debts legacies given out of my personal estate anf funeral expences and supravisors of this my last will and testament I nominate and appoint my brother William Burrow and my brother in law Joseph Garnett and my friend William Williamson —ring them as I espose trust in them to see this my last will and testement truly performed and I give to each of them the sum of five shillings a token of my love to them.

In testimony whereof I have hereunto set my hand and seal this fourteenth day of December in the year of our Lord God one thousand seven hundred and twenty nine.

Signed sealed published and declared by James Burrow the testator to be his lst will and testament (these words [and sixty] in one place and those words [and my friend William Williamson] in another place being first Interlined and one erased out of a line and one half being also made be sifore execution or sealing thereof) in the sight and presence of us whose names are hereunto subscribed who also attended the same in the presence of the testator as follows

James Burrow [Seal]

G Pennington

Agnes Pennington

Edward Scales

 

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