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The Will of

THOMAS RICHARDSON CROMPTON
of Nafferton, Deceased
Dated 16 December 1846

Openning lines of TRC's will - 27kB gif

my dear wife Martha Crompton for her own and sole use and Benefit I give unto my son Edmond
Crompton the sum of Forty five Pounds to be paid to him on attaining the age of twenty five
Years I give and devise all my real Estate situated at Nafferton aforesaid and now occupied by
Myself, James Dodgson, David Coates and others unto my son John Crompton of Nafferton
Aforesaid his heirs Executors Administrators and Assigns To hold the same Unto and to the use of my
said son his heirs executors administrators and assigns upon and for the Trusts Intents and Purposes,
and with, under, and subject to the Powers, Provisions, and Declarations hereinafter expressed and
declared of and concerning the same upon Trust in the first place that my said son his heirs executors
administrators or assigns Do and shall permit and suffer my said dear wife Martha Crompton to
reside in the house I now occupy or in such part of it as she may think proper for and during the term
of her natural life and that he my said son his Heirs Executors Administrators or Assigns Do and shall out of
the rents and profits of my other Cottages Land as they shall become due and be received in the first place
pay the interest of the Mortgage or Mortgages now charged and chargeable on the same and Do
and shall pay the whole of the residue of such Rents and profits unto my said dear Wife until my said
son Edmund shall attain the age of twenty five years then it shall be lawfully for my said
son his heirs executors administrators or assigns by mortgage or otherwise to raise the
further sum of Forty five Pounds and the expences (sic) of such further mortgage or security
to enable him to pay the above mentioned legacy of Forty five pounds to my said son Edmund and
after payment of the said legacy upon Trust that my said son his heirs executors administrators
or assigns Do and shall out of the Rents and profits of my other Cottages and Land as they shall
become due and be revised in the first place pay and discharge the Interest of the Mortgage or
Mortgages now charged and chargeable upon the same also the Interest of the further
sum herein before directed to be raised for the payment of the legacy to my said son Edmund
and Do and shall pay the whole of the residue of such rents and profits unto my dear wife
for and during the term of her natural life. And from and immediately after her decease
upon Trust that my said son his heirs executors administrators or assigns Do and shall
with all convenient speed absolutely sell or dispose of my said real Estate, either entirely and
altogether, or in parcels, by public auction or private contract, to any person or persons willing
to become the purchaser or purchasers thereof respectively for such price or prices or sum or sums
of money as to my said Trustee his heirs executors administrators or assigns shall seem
reasonable and for promoting and facilitating such sale or sales Do and shall enter
into, make, and execute all such contracts, covenants agreements, conveyances, afsurance,
acts, Deeds, Matters or Things which to my said Trustees his heirs executors administrators or
assigns shall seem reasonable and I declare that the receipt or receipts of my said Trustee his
heirs executors administrators or assigns for any money or monies payable under this my
PAGE 2
??????all effectually discharge the person or persons paying the same from being answerable or
accountable for the misapplication or non-application thereof or enquire into the necessity or
propriety of any sale or Mortgage of my said real estate or any part thereof and I declare that my
said Trustees his heirs executors administrators or assigns after discharge and paying off the
mortgages which may at the time decrease in number my said real Estate with all interest then due thereon
and also all the necefsary expences attending such sale or sales as are herein before directed to be
made Do and shall stand and be pofsefsed of and interested in in all the remainder of the money
to arise from the sale or sales as aforesaid of my said real Estate upon Trust lastly to pay and
divide the whole such residue unto between and amongst my two sons Caleb Crompton and Edmund

Thomas Richardson CROMPTON's will, sheet 2

Crompton and my four Daughters Elizabeth, Mary, Martha and Jane share and share alike
as tenants in common and in the case any one or more of my said Sons and Daughters should depart this life
leaving lawful Ifsue him her or them surviving I order and direct that the share or shares of
him or her or them so dying leaving such Ifsue shall be equally divided amongst such Ifsue as
they shall respectively attain the age of twenty one years the Interest in the mean time to be applied
by my said Trustee in and towards his her or their Maintenance and Education But if any
one or more of my said sons or Daughters should depart this life before the Death of my said
dear wife without lawful Ifsue then and in that case my will and mind is and I order
and direct the share or shares of him her or them so dying without such Ifsue shall be
equally divided amongst all my children who shall be living share and share
alike as tenants in common and I do hereby nominate and appoint my said son
John Crompton sole Executor and Trustee for this my will Hereby revoking all other wills
By me at any time hereafore mentioned made I declare this to be my only true last Will and Testament
In witnefs whereof I have to this my will contained in two sheets affixed together set and
Subscribed my Name the Day and Year first hereinbefore written

Signature of Thomas Richardson Crompton - 7kB gif

Signed by the said Testator Thomas Richardson Crompton
in the joint Presence of us, who, in his Presence, and in the
presence of each other, have hereunto subscribe our
Names as Witnesses The word “life” between the thirteenth
and fourteenth “said” between the thirteenth and fourteenth, ”and”
between the fourteenth and fifteenth, and “and” between the
twenty seventh and twenty eighth lines of the first sheet
and “residue” between the eighth and ninth and “said”
between the tenth and eleventh and “Issue” between the
seventeenth and eighteenth lines of the second sheet
being first interli??ed and ????su?ed in eighth, thirteenth
sixteenth and twe??teenth lines of the first sheet and in the
second, fourth, seventh, twelfth and seventeenth lines of the
second sheet, being first made
Thomas Ibbotson of Nafferton Clerk

Samuel Bilton

This is a codicil to the last will and Testament of me Thomas Richardson Crompton of
Nafferton Yeoman which bears date the sixteenth Day of December in the year one thousand
Eight hundred and forty six, Whereas I have by my said Will given to my son Edmund
Crompton the sum of forty five Pounds to be paid on his attaining the age of twenty
five years Now I do hereby revoke the said legacy so given to my son Edmund and
whereas I have in and by my said Will nominated and appointed my son John Crompton
sole Executor and Trustee of my said Will Now I do hereby revoke such nomination and
Appointment and Do by this codicil nominate and appoint my said son Edmund Crompton
and my two sons in law Richard Johnson and James Lowther joint Executors and
Trustee of my said Will in the Place and Stead of my said son John Crompton In all
Other aspects I confirm my said Will in Witness whereof I have heretoset and subscribed
My name the twenty fifth Day of March one thousand eight hundred and forty seven

Signed by the said Testator as and for a codicil to be
added to, and taken as part of his last Will and testament
in the presence of us present at the same time who, at his
request, in his Presence, and in the presence of each other
have subscribed our Names as Witnesses
Thomas Ibbotson (of Nafferton Hall, a Clerk)

James Annett Junior (of North Street Nafferton, a labourer in a quarry)
Thomas Richardson CROMPTON's will, sheet 3

I do hereby certify, that on the 5th day of November in the year Lord 1847 Edmund Crompton
? ? County of Kingston-upon-Hull, Draper, the Son, and Richard Johnson of Holme in Spalding
Moor in the County of York, Farmer, the son-in-law, and James Lowther of Beverley in the said County,
coal merchant, the son-in-law, the joint Executor named in the Codicil to the last Will and Testament with a
codicil of Thomas Richard Crompton late Nafferton in the County of York, in the Diocese of
York, Yeoman, deceased, were sworn ? truly to execute and perform [the] same; ? [the] whole [the] goods,
Chattels and credits of the said deceased, with the Diocese of York, do not amount in value
to the sum of one hundred pounds
Sworn under 100Witnefs my Hand
SignedW. T. Sandys [Vicar of Beverley]
[Ha]rrogate
23 December 1847

Endorsed: 'Died 2nd April 1847'


COMMENTARY

Thomas Richardson CROMPTON of Nafferton is described as a Yeoman who was an independent farmer with freehold property below the rank of ‘gentry’.

The main recipient of his will is his dear wife Martha who receives ‘all my Household Furniture Mats Linen China Books and wearing apparel’. She is entitled to live in all or part of their marital home in North Street, Nafferton ‘during the term of her natural life’. Martha died 20 June 1860.

Martha was also to receive the ‘residue of such rents and profits from my other cottages and lands’ until their youngest son, Edmund, reached the age of 25. When the will was proved Edmund was 22 years old, so Martha received three years of rent income. However, Martha out lived Edmund by five years.

Edmund, born in 1825, was Thomas Richardson and Martha’s youngest child. At the age of 25 years, in 1850, he was to receive a legacy of 45, equivalent to approximately 2500 in 2005. This is the only specified amount of money in the will. It is unclear whether this small sum is a single payment or an annual legacy. Although the will refers to the executors raising ‘the further sum of Forty five Pounds’ it is, in my opinion, ambiguous.

John CROMPTON, Thomas Richardson and Martha’s eldest child, was originally named as the sole executor of the will, responsible through a Trust, for the payment of Edmund’s legacy. John appears to receive, in his own right, three named properties including his parents home and the home of David Coates, an agricultural labourer also from North Street. These properties were then to be held by John CROMPTON’s heirs. However, the will also states that other, unspecified properties are included.

From the rents of ‘other cottages [and] land’ the Trust was required to pay the interest on the mortgages. The principal of the mortgage was not mentioned. Martha received the residue from these rents for the remainder of her natural life.

Thomas Richardson was most emphatic, using phrases ‘immediately after [Martha’s] decease’ and ‘with all convenient speed’, that his executor ‘sell or dispose of my said real Estate, either entirely and altogether’ for the best possible price.

It isn’t until the final paragraph that Thomas Richardson declares the proceedings from the sale. After deducting executor’s cost and the payment of mortgage principal the residue was to be divided between his youngest sons, Caleb and Edmund, and between his four daughters, Elizabeth, Mary, Martha and Jane as ‘tenants in common’. A tenancy in common implies that the sum belongs jointly but individuals also own a specific share of its value. This share can be given away and if they die, their share passes to the beneficiary in their will.

This paragraph would have caused problems for the executor. Caleb having emigrated to Van Diemen’s Land, had written to his mother in 1845 and died on 29 December 1854. There is no evidence of him receiving a legacy. It is believed that, at the time, little would have been known of Caleb’s children. Edmund died in the second quarter of 1855, also before his mother. His very short marriage to Betsy Ann KINGSTON on 01 January 1855 may have resulted in one possible issue.

Thomas Richardson CROMPTON's will, sheet 4

Thomas and Martha’s daughters and their heirs would have benefitted from the will.

On 05 March 1847, Thomas Richardson nominated Edmund and his sons-in-law Richard JOHNSON and James LOWTHER as joint executors ‘in the Place and Stead of my said son John Crompton’ his original sole executor. No reason for this is given.

Edmond’s legacy of 45 was also revoked.

The certificate of probate on 05 November 1847 records:

The handwritten affidavit of probate was signed by WT Sandys, the vicar of Beverley, declared that the whole goods, chattels and credits amounted to less than 100.


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Updated 20 October 2012