WILL OF JOSEPH FITTON 1761 – 1844<br><br>

In the name of God Amen.  I Joseph Fitton of Highburton in the Parish of Kirkburton in the County of York,
Yeoman, being of sound and disposing mind memory and understanding praise be God for the same do this 
27th day of November in the year of our Lord one thousand eight hundred and forty make publish and 
declare this to be my last Will and Testament in manner and form following that is to say First my 
will and mind is that all my just Debts Funeral Expenses and the charges of probate and Registering 
of this my Will be fully paid and satisfied by and out of my Estate and Effects.  I give devise and 
bequeath unto my son Robert Fitton and my friends James Turner of Shelley in the County of York clothier 
and Joseph Fitton of Cliff Hill in Shelley aforesaid clothier, all my real and personal estate and Effects 
whatsoever and whensoever to hold to them their heirs Executors Administrators and Assigns Upon Trust and for 
the purposes following that is to say upon trust to convert my personal Estate into Money and to sell all those 
my two closes of Land situate in Highburton called Dean Bank and Ford Hole and to receive the rents of all other 
my Real Estate until such time as they my said Trustees shall be enabled out of the capital Moneys arising 
therefrom to pay off a certain Mortgage Debt of Four hundred pounds now chargeable  upon my Real Estate and also 
to pay thereon all my other Debts Funeral Expenses and Testamentary charges and after the payment of the before 
mentioned charges I give devise and bequeath all that part of my cottage the House the chamber over the same 
Kitchen Coal House privy place for the ashes and one half of the garden at Highburton aforesaid and now in 
the occupation of Robert Turner together with a foot horse and carriage road for  all purposes along the croft 
unto my Eldest grandson Joseph Fitton his heirs and assigns forever chargeable with the payment of nineteen 
pounds ten shillings to his sister Lydia and nineteen pounds ten shillings to his sister Mary within six months 
next after the receipt of the said property also he shall be at the expense of putting up stairs into his chamber 
himself. Also I give and devise
All that other remaining part of my aforesaid cottage called the parlour chamber over the same and the cellar the 
stairs into the chamber as they now are and the other half of the garden and now in the occupation of the said 
Robert Turner together with the right of a foot horse and carriage road for all purposes along the croft unto 
my grandson Robert Fitton his heirs and assigns together chargeable with the payment of nineteen pounds 
ten shillings to his sister Hannah and nineteen pounds ten shillings to his sister Elizabeth within six 
months next after the receipt of the said property.  He shall be at the expense of making up the way into 
Joseph’s half both at the bottom and top of the stairs and in case my grandsons Joseph and Robert shall 
neglect aforesaid Legacies after the same becomes due I declare and direct that they my said Trustees or 
the survivor or survivors of them his heirs or assigns shall sell and dispose of the said cottage so devised 
to my said grandsons and pay the proceeds arising from such sale unto and equally among themselves and their 
said sisters.  I give and devise all those my other cottages at Highburton aforesaid together with the garden 
and vacant ground in front and at the north end coextensive with the said cottages and also the garden adjoining 
the barn as the same are now in the occupation of my son Robert Fitton and Ann and Mary Fitton unto and to the use 
of him the said Robert Fitton his heirs and assigns forever.  I give devise and bequeath all that my other cottage 
at Highburton aforesaid together with the privy at the north end of the same the waste ground at front and at the 
back coextensive with the said cottage and also the croft as the same now are in the occupation of my son David Fitton
And also all that pew in the south gallery of Kirkburton Church unto the use of my grandson Abel Fitton his heirs and 
assigns forever and I also give to him the said Abel Fitton his heirs and assigns the privilege of a road for a cart on 
the west side of the barn for getting in coal leading away ashes repairing or rebuilding his said cottage and give the 
owners and occupiers of the said cottage devised to my said grandsons Joseph and Robert Fitton aforesaid and of the said 
cottage devised to my grandson Abel Fitton the privilege of fetching water from the pump standing on the ground devised 
to my son Robert they contributing in equal proportion of the repairs of the said pump.  I give and devise all that my 
other cottage at Highburton aforesaid the garden coal house the fold except what is left to the others also seven yards 
of the east end of the barn which fronts the street of Highburton as the premises are now in the occupation of my 
daughter Judith Brook and myself unto and to the use of her the said Judith Brook her heirs and assigns forever.  
I give and devise all that the cottage at Highburton aforesaid in which I now reside together with the stove privy 
two small kitchens and the remaining part of the garden adjoining the stove subject to a right of road to the 
garden for the owners and occupiers of that part of my property devised to my daughter Judith unto and to the 
use of my son Benjamin Fitton his heirs and assigns forever.  And I give to my daughter Judith her heirs and 
assigns the privilege of fetching water from the pump standing in my son Benjamin’s lot she and they 
contributing an equal share of the expense of repairing the said pump.  And I also give to my son 
Benjamin his heirs and assigns a right of foot horse and carriageway for all purposes and on all 
occasions whatsoever over my daughter Judith’s lot in the same manner as the same is now and hath 
been imemorially used and I direct that the range of ground at the back of Judith’s and Benjamin’s 
houses shall belong to each of the said houses respectively so far as the same is coextensive with each house.
  I give and devise all that my close of land in Highburton aforesaid called the Hazellbutts and also half of 
the lower or Northwest Barn from the low end to the middle of the thrashing floor and four yards of the fold 
on the east side of the said Barn coextensive with the said half also a right of foot horse and carriageway 
for all purposes and on all occasions over the north end of the north field to the said Hazellbutts unto and 
to the use of my son David Fitton his heirs and assigns forever.  I also give to him my son David his heirs 
and assigns the right of road to and from the said barn for all purposes whatever.  I give and devise my 
close of land at Highburton aforesaid called the Dikes formally part of the north field and also the north 
end of the said close called the north field also the other parts of the said barn including half the 
thrashing floor adjoining Judith’s lot and fronting the street unto and to the use of my daughter 
Elizabeth Oxley her heirs and assigns forever.  I give and devise the middle part of the said north field 
unto and to the use of my son Charles Fitton his heirs and assigns forever.  I give and devise all that my 
close of land at Highburton aforesaid called Ashclose together with a right of foot horse and carriage 
road for all purposes and for all occasions over the said close given to my son Charles and also the 
remaining upper part of the said lower barn and four yards of the fold on the east side of the said 
barn coextensive with the said half unto and to the use of my son Jonathan Fitton his heirs and 
assigns forever and I direct that my two sons David and Jonathan shall join at the expense of 
dividing the said lower barn and that they shall have mutual rights of road to the said barn over 
and along the croft and that Jonathan shall have the south part of the said barn and I declare and 
direct that the receipts of my Trustees or their assigns shall be a sufficient discharge to the 
purchaser of my real estate hereby made saleable and such purchaser shall not be compellable to 
see to the application of the purchase money.  I nominate and appoint the said Robert Fitton James Turner 
and Joseph Fitton Executors of this my Will they witness my hand and seal the day and year herein before expressed.<br><br>

Signed  Joseph Fitton<br><br>

Signed sealed published and declared by the said Joseph Fitton the Testator as and for his last will and testament in 
the presence of us who at his request and in his presence and in the presence of each other have hereunto subscribed 
our names as witness to the due execution hereof.<br.<br>

Signed.   Geo Bedford<br> 
	   Robert Grime<br>
	   John Robinson<br><br><br>



Declaration of Probate<br>

Pontefract<br><br>
Will of Joseph Fitton late of Highburton P. of Kirkburton Diocese of York Yeoman deceased 9th January 1845 under £100.<br><br>

I do hereby certify that on the twenty sixth day of November in the year of our Lord 1844 Robert Fitton of Highburton 
in the Parish of Kirkburton in the County of York cloth finisher the son James Turner of Shelley in the said parish 
clothier and Joseph Fitton of Cliff Hill in Shelley aforesaid clothier the executors named in this the last will and 
testament of Joseph Fitton late of Highburton aforesaid in the diocese of York Yeoman deceased have 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 one hundred pounds.<br><br>

Witness my hand John Hope – Surrogate<br><br>
Sworn under £100 Exchequer<br><br>

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