Deceased proved 6th. August 1798
Sub £1,000

This is the last Will and Testament of me Joseph Smith of Grafton Regis in the County of Northampton. Yeoman as follows (that is to say) I give and bequeath unto my loving wife Mary Smith All my Wearing apparel and so many and so much of my Household Goods and Household Furniture as she think necessary for her use except my Beaufet and what shall be therein contained my Burcua and repeating Clock made by John Bunting. All which I give to my Daughter Elizabeth Smith - I give and bequeath unto my Two Nephews William Smith and Joseph smith Sons of my late Sister Mary Smith deceased All my Carpenter's Tools to be equally divided between them . Item I give and bequeath unto my Friend John Pittam of Furtho in the said County of Northampton Gentleman and my said Nephew Joseph smith All my Household Goods and Implements of Household Plate Linen China and Monies and Securities of Money Cattle Chattels Effects and Personal estate and whatsoever and wheresoever not to be disposed of To hold the same unto them the said John Pittam and Joseph Smith their Executors and Administrators Upon Trust that they the said John Pittam and Joseph Smith or the Survivors of them his Executors and Administrators or Assigne do and shall in the first Place pay and satisfy all my just Debts and Funeral Expenses and the Cost s and Charges of proving this my Will and debts Costs Charges and Expenses of them the said Trustees in and about the Premises and the Execution of the Trust hereby then [reposed]. And the Sum of two Guineas an a half apiece for their Trouble and in the next Place do and shall put place or continue out upon good and approved Security or Securities the Sum of Five hundred Pounds and pay the Interest and Produce of the same as it shall grow and become due and be received unto my said wife or her Assigns for and during the Term of her natural life, if she shall so long continue my Widow and unmarried but not otherwise to commence from the Day of my Death And from and afore her Decease or Second Marriage which shall first happen. Then Upon Trust to pay and apply the Interest and Produce of the said sum of Five hundred Pounds or of so much thereof shall remain unexpended and unapplied for the Uses and Purpose herein after mentioned to or in the Maintenance Clothing and Education of my said Daughter Elizabeth Smith until she shall attain her age of Twentyone Years. And when and as soon as my said Daughter shall have Attained her said Age of Twentyone Years, in Case my said Wife shall be then dead or married again but not otherwise, or after her decease or Second Marriage of my said Wife in Case She my said Daughter shall then have attained her said Age Upon Further Trust that they the said John Pittam and Joseph Smith their Executors or Administrators do and shall pay the said Sum of Five hundred Pounds or so much thereof as shall remain unexpected and unapplied for the Uses and Purposes therein after mentioned, to my said Daughter Elizabeth Smith to and for her own Use and Benefit. Provided always and notwithstanding any Thing herein before contained to the contrary that in Case the Interest of the said sum of Five hundred Pounds shall not be sufficient to maintain clothes and support my said Wife in a decent and becoming Manner, that then and in such Case it shall and may be lawful for my said Trustees from Time to time to pay or apply such Part of the said Principal Sum of Five hundred Pounds for that Purpose as they the Survivors of them his Executors or Administrators shall think proper. And in Case my said Daughter shall happen to dye in Her Lifetime or before the second Marriage of my said wife, or before she my said daughter shall Attain her Age of Twentyone years and shall leave any lawful Children or Child. Then Upon Trust that they the said John Pittam and Joseph Smith their Executors or Administrators do and shall pay and equally divide the said Sum of Five hundred Pounds or so much thereof as shall not have been paid applied or disposed of for the Purpose aforesaid amongst such Children(if more than one) of my said Daughter. And if only one, then the Whole to such Child his or her Executors or Administrators. But in Case my said Daughter shall happen to dye in the Lifetime or before the second Marriage of my said Wife or before She my daughter shall attain her Age of Twentyone years without leaving any lawful Children or Child Then but not otherwise Upon further Trust that the said John Pittam and Joseph Smith their Executors & Administrators do and shall pay the said Sum of £500 or so much thereof as shall not have been paid applied or disposed of for the Purposes aforesaid unto my said Nephew Joseph Smith to and for his own Use and Benefit to whom such Case I give and bequeath the Same. And Upon further Trust that they the said John Pittam and Joseph Smith their Executors and Administrators do and shall pay to my Nephew William Smith, Brother of the said Joseph Smith the Sum of Two Guineas And to my late Nephew William Garrett's Children the Sum of One Guinea apiece to whom I give and bequeath the same to be paid within Twelve Months next after my Decease. And also do and shall employ and dispose of all the Rest and Residue of my said Personal Estate (not before disposed of) in such a Manner as shall be most advantageous and beneficial for my said Daughter Elizabeth Smith until she shall attain her Age of Twentyone Years And when and as soon as my said Daughter shall have attained that Age. Then do and shall pay the Whole of the said Residue of my said Personal Estate unto my said Daughter Elizabeth Smith for her sole Use and Benefit. But in Case my said Daughter shall depart this Life before she attained her Age of 21 years or shall leave any lawful Children or Child. Then Upon Trust that the said John Pittam & John Smith and their Executors and Administrators do and shall pay and equally divide the said Residue of the said Personal Estate amongst such Children (if more than one) of my said Daughter. And in only one, then the whole to such only Child his or her Executors and Administrators. And if my said Daughter shall die under the Age of 21 and have no lawful Children or child. Then not otherwise do and shall pay the Whole of the Residue of my said Personal Estate unto him my said Nephew Joseph Smith to and for his own Use. I give and bequeath the Occupation of my present Farm to my said Nephew Joseph Smith And in Case my landlord His Grace the Duke of Grafton shall be pleased to continue to accept him Tenant of the Same. Then and in such Case but not otherwise it is my Will and Desire notwithstanding any Thing herein before contained to the contrary that after Payment or Deductions of all my just Debts Funeral Expenses, the Expenses of proving this my Will. The said Legacies to each of my said Trustees, and the aforesaid Sum of £500, and Legacies of the Two Guineas to my Nephew William Smith and One Guinea apiece to my said late Nephew William Garrett's Children out of my said Personal Estate, my said Nephew the said Joseph Smith shall be permitted to make Use of and employ upon the said Farm before my said Daughter attain her said Age of Twenty one Years, so much and such part of the said Residue of my said Personal Estate not exceeding the Value of Sixhundred Pounds as he shall think proper upon paying and allowing for the Use of the Same after the Rate of 400 and ten shillings for One hundred Pounds for a Year from the Time of my Death for so long Time as he shall continue to use and employ the Same before my said Daughter attain her Age of 21 year. And do hereby write and direct that my said Trustees shall not be otherwise accountable the One for the other of them, nor with or for the Act Deed Receipt Neglect or Default of the other of them but each for himself only and for his own Executors and Administrators. And Lastly I do hereby revoke and make void all Wills by me heretofore made and declare this alone to be my last Will and Testament. In Witness where of the said Joseph Smith the Testator have to this my last Will and Testament set my Hand and Seal The Twentynineth day of October in the Year of Our Lord Onethousand sevenhundred and ninetysix.

Joseph Smith

Beaufet : A corner cupboard generally without doors for the purpose of displaying glass and China.