This page consists of

An image of a legal copy of Nicholas Chicken’s Will.
A transcript of the contents of the Will.
An image of the Inland Revenue ledger extract of the Will.
A transcript of the Inland Revenue ledger extract of the Will.

Image of Page 1 of legal copy of Will

Image of Page 2 of legal copy of Will

Image of the Probate slip

Transcript of the legal copy of the Will

This is the last Will and Testament of me Nicholas Chicken of the City of York Wine and Spirit Merchant made and published by me the first day of June in the year of our Lord one thousand eight hundred and nine / I give and devise all my undivided third part or Share Estate and Interest of and in all those two Messuages or Dwellinghouses situate in Lower Ousegate in the parish of Saint Michael Spurriergate in the said City of York the one occupied by my partner John Harrison and the other lately occupied by me together with the cellars warehouses and appurtenances thereunto respectively belonging / I also give and devise all that my Messuage or Dwellinghouse with the Garden Outbuildings and Appurtenances to the same belonging situate in Fishergate in the Suburbs of the said City of York and all other my real Estate whatsoever unto and to the use of my friends Thomas Sanderson of the City of York Ironmonger John Bell of the same City Snuff Dealer and my said partner John Harrison of the same City Wine and Spirit Merchant their heirs and assigns for ever upon the several Trusts and for the purposes hereinafter declared concerning the same that is to say upon trust to permit my wife Elizabeth Chicken to occupy and reside in or to have the Rents and Profits of my said Dwellinghouse with its appurtenances in Fishergate aforesaid and also to receive the Rents and Profits of my third Share of the said Hereditaments in Lower Ousegate to her own use during the minority of my Son Richard Chicken if she my said wife shall so long continue my Widow and when and so soon as my said Son shall attain the age of Twenty one years all the same Hereditaments and premises shall be in Trust for him my said Son his heirs and assigns subject as to the said Hereditaments in Fishergate to the Life Estate therein which I hereby give and devise to my said wife so long as she shall continue my Widow and also subject as hereinafter mentioned / I give all my Plate Linen China Books (not being Books of Account) Prints Pictures Household Furniture and Implements of Household every description unto my said wife Elizabeth Chicken for her own proper absolute use and benefit / I also give and bequeath unto my said wife the Sum of Three hundred Pounds to be paid to her by my Executors hereinafter named within six calendar Months next after my Decease / I give and bequeath all my Stock in Trade and all other the residue of my personal Estate whatsoever (not above disposed of) subject to the payment of my Debts and Funeral and Testamentary Expenses and the above Legacy of Three hundred Pounds and the Legacies hereinafter by me given unto the said Thomas Sanderson John Bell and John Harrison their Executors and Administrators Upon Trust that they my said Trustees or the Survivors of them or the Executors or Administrators of such Survivor shall and do during the Minority of my Son Richard Chicken with the Assistance of the said John Harrison carry on and continue the Business of a Wine and Spirit Merchant in such manner as to them shall seem proper untill my said Son shall attain the age of Twenty one years and upon Trust to pay the nett profits and produce to arise from the said personal Estate and Business yearly during the Minority of my said Son unto my said Wife so long as she shall remain my Widow to be applied by her towards the Maintenance of herself my said Son and her Mother Elizabeth Huddlestone but for which she my said Wife shall not be obliged or required to keep or give any amount / Provided always and I do hereby direct that in case my said Wife shall happen to marry again during the Minority of my said Son the provision last hereinbefore made for her shall cease and determine and the nett profits and produce arising from the said personal Estate and Business shall be applied towards the maintenance and benefit of my said Son during his minority in such manner as my said trustees or the survivor of them shall think expedient and proper subject nevertheless to the payment thereout of the Annuity or Yearly. Sum of Forty Pounds to the said Elizabeth Huddleston which I hereby direct shall be paid in that case to her during her natural Life by equal quarterly payments / And I also declare and direct that when and as soon as my said Son shall attain the age of twenty one years my said Trustees shall set apart and appropriate my personal Estate hereinbefore to them bequeathed to consist of Stock in Trade and Transfer the same to my said Son for his own use and benefit to the intent that he may be enabled to enter into the said Business which I ....... him to do with the said John Harrison upon such Terms and Conditions as they and my said other Trustees shall approve / Provided nevertheless and I hereby expressly charge the whole of my real and personal estates when and so soon as my said Son Richard shall attain the age of Twenty one years with the payment of an Annuity or Yearly Sum of one hundred pounds to be paid to my said wife so long as she shall continue my Widow and a further Annuity or Yearly Sum of Forty Pounds to be paid to the said Elizabeth Huddlestone during her natural Life both the said Annuities to be paid by my said Son by quarterly Payments / And I direct that my said Trustees upon my said Son’s attaining the said age shall not transfer my said Personal Estate to him or for his benefit as hereinbefore directed or in any other manner untill my said Son shall have given sufficient security to the satisfaction of my said Trustees or the Survivor of them or the Executors or Administrators of such Survivor for the one and punctual payment of both the said Annuities in manner aforesaid / Provided also and I hereby declare that it shall be lawful for my said Trustees and the Survivor of them and the Executors or Administrators of such Survivor to agree and compound with any person or persons who may be Debtors to or who shall appear to be Claimants upon my estate or effects or upon my Executors and Trustees in respect thereof in all cases where the same shall seem to them necessary or reasonable and to receive such portion or composition as can be ...... in full Satisfaction and Discharge of all such Debts or Demands / And I also declare and direct that it shall be lawful for my said Trustees or the Survivor of them or the Executors or Administrators of such Survivor at any time during the minority of my said Son in case they shall think proper and wish to be discharged from the Trouble of managing or attending to the said Business or shall judge it more advantageous and desirable for my Estate to discontinue the same to sell and dispose of and convert into Money my said personal estate and Stock in Trade and place out the money arising therefrom upon Government or real or other Securities at Interest untill the same shall become payable or distributable by virtue of this my Will / And I declare that my said Trustees or the Survivor of them or the Executors or Administrators of Such Survivor shall stand possessed of any interest in the money so to be invested and personal Estate hereinbefore to them bequeathed or as near thereto as circumstances will admit of / Provided always that in case my said Son Richard shall happen to die under the age of twenty one years then I do hereby declare and direct that the said Thomas Sanderson John Bell and John Harrison and the Survivors or Survivor of them or the Heirs of such Survivor do and shall with convenient Speed after the decease of my said Son as aforesaid absolutely sell and dispose of my said third part or Share Estate and Interest of and in the said Messuages or Dwellinghouses and Hereditaments with their appurtenances in Lower Ousegate and in the said Parish of Saint Michael Spurriergate and shall also Sell and Dispose of my said Messuage or Dwellinghouse and Hereditaments in Fishergate aforesaid (the same last mentioned Messuage and Hereditaments to be sold subject to the Right and Power which I hereby give to my said wife to reside Rent free therein so long as she shall continue my Widow but no longer) and all other my real Estate with all and singular the Appurtenances to the same Premises respectively belonging by public Auction or Private Covenant to any person of persons who shall be willing to become the purchaser or purchasers of the same Hereditaments and Premises or any part thereof for the most Money and best Price or Prices that can be reasonably gotten for the same / And I do hereby declare my Will to be that upon payment of the Money to arise and be produced from such Sale or Sales of the same Hereditaments and Premises hereby made saleable or any part or parts thereof respectively it shall and may be lawful for the said Thomas Sanderson John Bell and John Harrison and the Survivors or Survivor of them and the heirs of such Survivor to give and sign any Receipt or Receipts for the Money to arise from such Sale or Sales as aforesaid or any part thereof which Receipt or Receipts shall be a good and sufficient discharge and discharges to any purchaser or purchasers of the same Hereditaments and Premises or any part thereof his her or their respective Heirs Executors Administrators and Assigns for so much of such purchase Money as shall therein be expressed to be received And that such purchaser or purchasers his her and their respective Heirs Executors Administrators and Assigns shall not be afterwards obliged to see to the application of such Purchase Money or any part thereof or be answerable or accountable for any Loss Misapplication or nonapplication thereof or of any part thereof respectively / And I also direct that from and immediately after the Decease of my said Son in case he shall die under the age of twenty one years as aforesaid my said Trustees and the Survivor of them and the Executors or Administrators of such Survivor shall and do sell and convert into Money the said Stock in Trade and all other my personal Estate to them bequeathed as aforesaid which shall not consist of ready Money and shall stand ..... of and interested in the Money to arise therefrom and also the Money to arise and be produced by sale of my real estates as above mentioned upon the several Trusts and for the several intents and purposes hereinafter mentioned and declared concerning the same that is to say Upon Trust to place the same out at Interest upon Government real or other securities and from time to time to call in and replace the same upon other Securities when and as they shall think proper and pay the said Annuity of Forty Pounds out of the Interest Dividends or Annual produce thereof to the said Elizabeth Huddlestone during her Life and to pay all the residue of such Interest dividends or annual produce when the same shall come in and be received to my said wife or her Assigns or permit and suffer her or them to receive the same during the Term of her natural Life if she shall so long continue my Widow but not otherwise / And from and immediately after the decease or second marriage of my said Wife which shall first happen I give and dispose of my said Estate and Effects which shall be so placed out at Interest subject to the said Annuity of Forty Pounds to be paid to the said Elizabeth Huddlestone during her Life as aforesaid with all the then unapplied Interest and Dividends thereof in manner following that is to say To my Niece Ann the daughter of the said John Harrison the sum of Two hundred Pounds to be paid to her upon attaining the age of twenty one years / To my Nephew William Harrison of the said City of York Linen draper the sum of One hundred Pounds / To my Niece Ann Sanderson the Daughter of Frances the wife of the said Thomas Sanderson the Sum of One hundred Pounds / All the residue of my said personal estate and effects I give and bequeath to be equally divided amongst my Nephews and Nieces the Children of my Brother Joseph Chicken of the City of Durham the Children of my Sister Ann the Wife of [blank] Stubbs of Newcastle upon Tyne the Children of my Sister Elenor the Wife of [blank] Watson of Newcastle aforesaid and my Niece Mary the Daughter of my Deceased Sister Frances Farrall of London or amongst such and so many of my said last mentioned Nephews and Nieces as shall be living at the decease or second marriage of my said Wife in case my said Son shall die in her Lifetime within the age of twenty one years / And I direct that the Shares and Proportions of my said last mentioned Nephews and Nieces of and in the said Residue of my personal Estate shall be paid into their proper hands respectively notwithstanding the Infancy or Coverture of them or any of them and that their respective Receipts alone shall be sufficient discharges to my said Trustees for the same / Provided always and my Will and meaning is that the said Thomas Sanderson John Bell and John Harrison their Heirs Executors Administrators and Assigns shall be charged and chargeable only with and for such monies as he or they shall respectively actually receive by virtue of the Trusts hereby in them reposed nor shall they or any of them be answerable or accountable for any Banker or other person in whose hands any part of the said Trust Monies shall be deposited or lodged for safe Custody or otherwise in the execution of any of the Trusts hereinbefore mentioned nor shall they my said Trustees or any of them be at any time answerable or accountable for the insufficiency or deficiency of any Security or Securities Stocks or Funds in or upon which the said Trusts Monies or any part thereof shall be placed out or invested nor for any loss which may happen thereto except such Loss shall happen by or through their own wilful default respectively and that the one of them shall not be answerable or accountable for the other of them or for the deeds defaults receipts or disbursements of the other of them notwithstanding they ...... of them shall join in any receipt for conformity by each of them shall be answerable for the Deeds Defaults and disbursements of himself only and also that they my same Trustees their heirs executors administrators or assigns shall and may by and out of the Monies which shall come to his or their hands by virtue of the trusts aforesaid retain to and reimburse himself and themselves all costs charges damages and expences which he or them shall or may suffer sustain expend disburse be at or be put unto in or about the Execution or management of all or any of the trusts hereby in them reposed or in relation thereunto / I appoint the said Thomas Sanderson John Bell and John Harrison joint Executors of this my Will and give to them the sum of Twenty Guineas each as an acknowledgement for the Trouble they may have in performing the trusts herein contained / And I appoint my said Wife Guardian of my said Son untill he shall attain the age of twenty one years / In witness whereof I the above named Nicholas Chicken the Testator have to this my last Will and Testament written upon and contained in this and the four preceding sheets of paper hereto annexed fixed together at the top and there sealed with my seal subscribed and set my hand and Seal to wit my hand to each of the four preceding sheets and my hand and seal to this fifth and last Sheet thereof the day and year first herein written. (Nichs Chicken) The writing contained in this and the four preceding sheets of paper hereto annexed was signed and sealed by Nicholas Chicken of the City of York Wine and Spirit Merchant the testator and by him published and declared as and for the 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. (Robt Allen, John Harrison, Richd. F...)

Inland Revenue ledger extract of the Will of Nicholas Chicken

Transcription of the Inland Revenue ledger extract of the Will of Nicholas Chicken

1810 5th May
Nicholas Chicken of the City of York
Wine & Spirit Mercht.

Joint Executors:
Thomas Sanderson of the same city Ironmonger John Bell of the same city Snuff Dealer John Harrison of the same city Wine & Spirit Mercht.

To his said executors his undivided third part of 2 messuages situated in Lower Ousegate York with the cellars warehouses & appurtenances also his messuage Gardens etc. in Fishergate in the suburbs of the same city and all other his real estate upon trust to permit Elizabeth his wife to receive the rents thereof during the minority of his son Richard if she so long continues his wife. And as soon as his said son attains the age of 21 years all the said hereditaments & [premises?].. are in trust for his said son [infer] Subject as to the said hereditaments in Fishergate to the life estate therein of his wife so long as she continues his wife. And also subject as hereinafter mentioned.

To Elizabeth wife for her own use all his plate, linen, furniture etc, also £300 ........ after his decease.

To John said executor All his Stock in Trade & residue of his personal estate (subject to his debts  ......) Upon Trust during the minority of his son Richard with the assistance of the said John Harrison his partner carry on his business & pay the nett profits arising from the said personal estate & business unto his said wife so long as she remains his wife towards the maintenance of herself, his son, & his wife’s mother Elizabeth Huddlestone. In case his wife marry again the provision last made for her is to cease and the said profits to be applied towards the maintenance of his said son during his minority, subject to the payment to Elizabeth Huddlestone of the annuity of £40 during her life only.

And so soon as his said son attains the ageof 21 years he directs his said trustees to set apart, appropriate and transfer unto his said son his said personal estate – for his own use –to enable him to enter into business with the said John Harrison. But charges the whole of his real & personal estates with the payment to his said wife of an annuity of £100 so long as she continues his wife and to the said Elizabeth Huddlestone the yearly sum of £40 during her life. (Paid yearly)

Provided his said son happen to die under the age of 21 years then to sell his said messuage & convert into money the said Stock in Trade & personal estate and place[?] out the money to arise by such sale upon securities [?] (after paying the annuity of £40 as aforesaid).

Pay the residue of the  interest [?] when the same comes in and is received to his said wife during her life or wifehood – after her decease or 2nd marriage as follows.

To Ann daughter of said John Harrison, niece: £200 on her attaining the age of 21 years To William Harrison, nephew: £100 To Ann Harrison the daughter of Frances wife of Thomas Sanderson, niece: £100

To the children of Joseph Chicken
To the children of Ann wife of Stubbs
To the children of Eleanor wife of Watson and Mary Farrall [ nephews and nieces] All the residue of his said personal estate and effects equally amongst them or such of them living at the decease or 2nd marriage of his said wife in case his son die in her lifetime within the age of 21 years

Thomas Sanderson, John Bell and John Harrison: £21 each for their trouble in performing the trusts of his will.

Concluding page