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LUKE STAVELEY WILL died 18th January 1835

FRONT COVER: Staveley Halifax.

Will & cod of Luke Staveley late of Halifax decd proved by Elizabeth Sherives. Betty Staveley spinster and Susannah Staveley spinster his daughters the Executors named in (word gone) and John Staveley his (word gone) the Executor substituted by the Codicil

7th April 1835 Under ₤300

In the name of God Amen,

I Luke Staveley of Halifax in the County of York Gentleman being of Sound and (disposing?) mind and memory do hereby make and ordain this my last Will and Testament in the form and manner following This is today I recommend my Soul to the mercy and protection of an Almighty God through the merits of a gracious Redeemer and Almighty Saviour Jesus Christ hoping through the sanctification of the Ever blessed Spirit to Obtain the forgivings and Purifications of my sins and Pardon thro the great attonement and Precious Blood of him who is the Way to the truth and the Life. First then I request my funeral to be plain and at as Little expense as possible and to be buried in the Same Vault with my late dear wife Betty Staveley in the churchyard of the Holy Trinity Halifax. The funeral service to be Performed by the Vicar Revd Sam Knight if then Living and if my Children think it proper (they may put upon the same Stone which now covers the Grave age, Citizen of London and a Governor of the London Workhouse thirty years (or as many more as may exceed the year 1820.)

Having little to dispose of in temporal concerns but being desirous of that little being Divided Share and Share alike amongst the six following children (after payment of my Death and funeral Expenses) Visz Maria, Anne, Betty, Susannah, Sarah and John Staveley.

To Anne, Betty and Susannah Staveley I am indebted for the amount of Notes of hand which they hold as will appear in the Ballance due to them in the Small ledger or Cash Book in the Counting House in Which they are Severally Credited for the Prospective Amounts and Interest also thereon from time to time calculated, for the payment of those several sums my Furniture and Plate Linen Fixtures and Ballance of my Account as may appear due and belonging to me - and the only tangible property I have claim to having resigned my business to my Son John Staveley in Jan 1818 - without having made any agreement for Profits or benefits with him leaving it to him to make such an allowance to me as his Success may enable him to do, during my Life - and therefore all I have to claim is the Ballance that may appear from time to time arising from the Annuity of One Hundred and Twenty Pounds Per Annum left me by my late Dear Wife from her Estates in Ovenden and such other matters as will appear in the account Referred to aforesaid. If the rental of the Estates (after paying said Annuity) having been Applied to the General purposes of Housekeeping of which we have all Partook be considered Equitable, then no particular charge for my Board or any other matter will be deemed needful, to be placed to the D- of my Said Account, I have from time to time Charg’d myself with all my (?) expenses since January 1818 - at which time I consider the business devolv’d to my son. I have not left my son James Staveley any share in my small property because he is amply provided for by the means he Enjoys and the Expenditure he Receiv’d in the Education he had preparatory to his Profession, and should he have from his Bounty have Remitted any additional Funds for my support, I do hereby desire it may be applied to my Account and Divided with my Other Property Share and Share alike - I have not named my son Henry Staveley in any part of my bequest, because he has Err’d from the Path of Duty and Propriety, (from which Errors I beg the God of all grace and Mercy to Turn him, that he may yet live and become a new man.) The provision made by his Dear Mother for him and the Proportion of a share in his late Aunts Legacy of Residuary, joint with his Sisters and Brother is more than Sufficient to discharge what I have paid for him, and such other Debts that he has incur’d and which may here after be Claimed by his Sister or any Other person to be deducted in the first Instance from any Sums that may be due or payable to him hereafter placing the Share of such Debts that I have paid for him as they now stand to my Account and Interest thereon to be Divided in like manner with any other Ballance in said Account, and I do hereby declare that any property I may die possess’d of or may hereafter be left to me I give and bequeath Generally to my six Children as Aforesaid to be Equally divided amongst them, share and share alike and I do hereby nominate my Daughters Anne and Betty Staveley and my son John Staveley, to be my Executors of this my last Will and Testament Reccomending them to do Justice, to love mercy and to walk humbly with God and man in all their Concerns Spiritual and Temporal, to this I hereby Set my name and Seal this Twenty ninth day of March in the year of our Lord One Thousand Eight Hundred and Nineteen

Signed Luke Staveley

Witness John Mackerell

Abraham Gibson

I do hereby certify that on the fourth day of February in the year of our Lord 1835 Elizabeth otherwise Betty Staveley of Halifax in the County of York, Spinster, Susannah Staveley of the same place, Spinster and John Staveley of the same place, Merchant, the daughters and son and joint Executrixes and Executor named in the last Will and Testament with a Codicil (that is today Elizabeth alias Betty Staveley and John Staveley being named as Executrix and Executor in the Will and Susannah Staveley the other Executrix being named in the Codicil) of Luke Staveley late of Halifax aforesaid in the Diocese of York, gentleman deceased, were 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 three hundred pounds Witness my hand, John Hope, Surrogate

Sworn under £300 Exchequer.

Died 18th January 1835

Cod Lapsed 7 April 1835 under ₤300

30 May 1824 Luke Staveley

Memorandum, before the Death of Mr John Garlick Partner with Rhodes Briggs &co he told me that Mr Rawdon Briggs Senior one of the Assignees under my Estate in the year 1802 had yet remaining undivided Upwards of £100- This sum should be paid to my cs - with Rawton, Rhodes & Briggs by which means the Joint account of said Bankers will be mutually benefitted it being the property of my crs.

NB: There is Two Debts owing to the following persons which if their Children can be found should be Received (if in distress) viz Wm Staley’s about £22.0.0 & Thos Lumley £70- it is my wish if after My Decease enough remains to pay the above the Whole or some proportion (?). Signed Luke Staveley 20 Nov 1820

In the name of God Amen

This Codicil I hereby declare to be made by me on this Twenty seventh day of January in the Year of our Lord One Thousand Eight Hundred and Twenty Three and to be annexed to my Will made on the Twenty Ninth day of March in the year of our Lord One Thousand Eight Hundred and Nineteen and duly executed at that time and the reason for my adding this Codicil to my Will dated aforesaid is as follows. on the Twenty Second day of April in the Year of Our Lord One Thousand Eight Hundred and Twenty two I had the great misfortune to Loose by Death my dear and invaluable Son James Staveley (at Madras in the East Indies) by which unfortunate Event I may become possessed of some property ultimately as his share of and as Residuary Legatee to personal property left to him by his Aunt Sally Mitchell of New House Ovenden and also from his Effects at Madras, being Entitled thereto joint with his Widdow Anne (Survantl?) Staveley, in an Equal Share of any Residue that may Remain there after payment of his Just Debts and funeral Expenses, but which sum whatever it may be, I hereby give up for the Sole Use and benefit of his Said Widdow during her natural Life or the time of her Remaining a Widdow after Either of the above Events, her death or Marriage happening, I hearby devise and bequeath whatever Sum or Sums Wares Goods Chattels or other Effects I may be entitled to, by Virtue of my being the Nearest of Kin to my late Dear Son James Staveley and Claiming Equal Moiety of personal Property with his said Widow after his death - I hearby give and bequeath all and Every the said property as follows to Maria Staveley; Anne Hill; Elizabeth or Betty Staveley; Susannah Staveley; Sarah Bury; and John Staveley in Equal Shares (or Share and Share alike) for their Several Uses and purposes during their Respective Lives to be by them disposed off as they may Deem proper by Will during their Respective Lives Married or Single and I hereby Give and bequeath to my son Henry Staveley one shilling only. The reason of this bequest I leave for my other six children to solve; and if after my decease they Should see an Amendment in the Conduct of the said Henry Staveley deserving their Kindness and Attention they may then give him such aid and Assistance as his Conduct may deserve in their Estimation but in no Other degree of Claim beyond. The Aforesaid bequest of One Shilling in any share of property Which by Will or Codicil or other Writing heretofore made by me and if in my Will Aforesaid it maybe Construed in his favor I hereby Revoke and make Void any such Construction and that any such Claim may be null and Void to all Effect and purposes- and since the Making my foresaid Will my Daughter Anne Staveley named as an Executrix in my said Will has been married and now resides at Dunstall in Staffordshire to avoid trouble in any manner that may be thought needful after my decease I hereby Revoke and make Void that part of my said Will which appoints her Executrix of my said Will and in her stead name and appoint my Daughter Susannah Staveley in her room and place to be one of my Executors(?) with my said Daughter Elizabeth or Betty, and John Staveley, and I hereby declare that having from time to time Receive’d from my son John Staveley a consideration for his board and other matters during my life I have no further Claim on any Property or Share he may be entitled to and as by the Death of his Brother James Staveley he as heir at law becomes entitled to his Share in the partition of the Estate left by his mother in Ovenden, he must from hence forward be Considered liable to pay not only the Mortgage to John Whitely of Halifax but the Interest of the said Mortgage from and after the year Eighteen Hundred and Twenty two. So long as the Principle of it shall Remain Unpaid to the said John Whitely he being by the death of his Brother James Staveley and the purchase of all the Rights and title of his Brother Henry Staveley to all his Interest becoming entitled to Three Sevenths of the Said Estates and Two Sevenths of all the personal Property left by the said Sally Mitchell whenever the said Rent and personal property shall become available, and it is hereby stated that during the period I have been in the Receipt of the Rents and Profits of the Estates in Ovenden left by my late Dear Wife Betty Staveley. I have faithfully Applied the said proceeds of all such Sum or Sums Receiv’d from the same - together with One Hundred and Twenty pounds yearly Charged on the aforesaid Estates to the Maintenance and Provision of my said Family Since the Years of such Estates came into the possession of my late Dear Wife, and also since her death and on that account have nothing to Settle or Arrange as a Claim due to any of my Children on that Account, and as I have bequested in my will aforesaid that the debts I owe to Anne Hill, Elizabeth Staveley and Susannah Staveley are to be paid from my Effects of furniture or such other personal property as may be forthcoming at my decease that then and after such payment made the Remainder and Residue of all and Every part of my said Effects shall be Equally divided amongst my aforesaid five Daughters and my son John Staveley or Such of them as shall be then Living to the total Exclusion of all other Claimants whatsoever or wheresoever and as by the Death of my Son James I am become entitled to a share (much crossing out here) to the Sums divided by the late Sally Mitchell to said James Staveley (much crossed out again and unable to read what was there) that may be considered to belong to my Said late Son James Staveley I desire that such Amount whatever it may be may be Applied in Aid to discharge of the debts due to my aforesaid daughters Anne Elizabeth and Susannah Staveley before any Division of furniture or other Effects be made generally or individually as afore stated and ordered to be done, and that any plate furniture or Ornament given to me by any of my Children for my Use or Convenience during my life may be Returned to the Several Givers for their Own Use before any division or sale of furniture may be made for payments of debts that might Arise from the Sale of Such furniture take place in witness I have hereto Set my hand and Seal in the presence of Samuel Balloon and Joseph Farrar

Signed Luke Staveley

Witness our hand this twenty Seventh January in the Year of our Lord 1823.

Staveley deceased

Joseph Farrar of Halifax in the County of York, Cloth Draper maketh oath & saith that he was present on the 27th day of January in the year of Our Lord 1823 and witnessed Luke Staveley of Halifax aforesaid Gentleman sign his name to the Codicil hereto annexed, & he this said Deponent doth further make oath & say that he believes the obliterations at the top of the first page of the Codicil & also those in the Margin of the second page of the same; together with the interlineation “her death or marriage” on the first page, also the interliniations - “as principle of” - & - “as share say one sixth” - on the second page, were severally made by the said Luke Staveley previous to his signing the Will in the presence of the said Deponent.

Signed Joseph Farrar

Sworn at Halifax on the seventh Day of Feb in the year of Our Lord 1835

Before me Signed John Hope Surrogate.

Exchequer Court of York

Staveley deceased

Samuel Baraclough of Halifax in the County of York warehouseman & Charles Haigh of the same place warehouseman make oath & say that they knew and were well acquainted with the hand writing of the late Luke Staveley of Halifax in the Diocese of York, Gentleman deceased, & that having looked upon & perused the two Memorandums outside the cover of the Will of the said Luke Staveley, the one beginning thus - “ N.B. There is two debts owing” - & ending thus “Luke Staveley 20th Nov 1820” - and the other beginning thus - “ Memorandum before the death of “ and ending thus- “unclaimed & undivided 30th May 1824 Luke Staveley” - they verily & in their consciences believe the whole body series & contents of the said two Memorandums to be the proper handwriting of the said deceased Luke Staveley.

Signed Samuel Burraclough and Charles Haigh

Sworn at Halifax the seventh day of March 1835 Before me signed John Hope Surrogate.