9. John BURNETT
At the Court Leet & Court Baron of the Manor of Husthwaite on 24 April 1712, Robert Burnett the elder of Husthwaite in the County of York, butcher, surrendered land and property which he currently occupied to the use of John Burnett, his son and heir - to take effect from or after the decease of the said Robert Burnett the elder and Mary his wife.
John left a will, dated 24 Sep 1730 at Raskelf, proved in the Exchequer Court at York. The will named wife Ann BURNETT as sole executrix. Named beneficiaries of the will were, in order of mention, sons Robert, John and Thomas, daughters Ann and Mary, son William and wife Ann. Robert was described as "my eldest son". The conclusive evidence for a son named William is enough to confirm that the William BURNETT who died at Husthwaite in 1798, aged 95yrs, was a son of John BURNETT and Ann [nee WIMPE] of Raskelf.
John signed the will and it was witnessed by Robert BURNETT, Guy BELL and John NESFIELD - all signed. An inventory of John's goods and chattels, presented on 16 Oct 1730, was "appraised" by Robert BURNETT, Guy BELL, John WOODWARD and Thomas SWAILES. Probate was granted to John's widow Ann BURNETT on 7 Nov 1730 and the probate document shows that Ann and Robert BURNETT of Husthwaite, yeoman, were jointly bound in the sum of £80. Ann made her mark and Robert signed the document. The signature of the Robert BURNETT who witnessed John's will is not the same as that of the Robert BURNETT who was bondsman for probate - both signatures are quite distinct and obviously different. Almost certainly the bondsman was John's eldest son and the witness to his will was his known brother Robert BURNETT of Thormanby, husband of Mary MARTIN.
At the Court of the Manor of Husthwaite held on 14 Oct 1731, after the decease of John BURNITT of Husthwaite, it was noted that Robert BURNITT his son was "next heir" and duly recognised Robert's right of 'title' to the land and property previously held by his father.
Guy BELL, who witnessed John's will, and who was one of the appraisers of his inventory, was probably one of the BELL family which had been at Fawdington for several generations. There was a much earlier connections between these two families which suggests that they became related through marriage as early as the late sixteenth century.
It is significant that the testator made no mention of a son named Stephen, however, the will of Timothy BURNETT of Helperby, a grandson of John BURNETT, identified "my uncle Stephen BURNIT of Yearsley" as one of the beneficiaries. It was not unusual for a known surviving son to be left out of a will - Stephen had probably already received his share of his father's estate.
39. John BURNETT
Though his baptism has not been found it is known that John was a son of John and Ann BURNETT of Raskelf. John snr. died in 1730 and a son named John was a beneficiary of his will. His widow, Ann BURNETT, married William HODGE at Thormanby on 10 Oct 1731. John jnr. died at Raskelf and was buried there on 11 Aug 1743. Administration of his estate was granted to "...Ann, the wife of William HODGE, his mother..." on 21 Jan 1744.
William HODGE, Marmaduke BULLOCK and Andrew BROWN were 'guarantors' in the sum of £140 for an "appraisment" [inventory] of John's "goods and chattels" which was made on 2 Sep 1743 by Robert GIBSON and Charles KILBURN. The total value of the appraisement was £124 15s 0d (equivalent to approx. £9000 in 1999) - the most valuable assets being "twelve beasts" and "five horses" valued at £36 and £18 respectively.
The year 1707 is missing from the Raskelf BT and it is quite likely that this was the year during which John was baptised. A 1707 birth would 'fit' nicely with those of his siblings.
40. Mary BURNETT
Mary's husband George BELL was almost certainly one of the BELL family who had been at Fawdington for several generations. There appears to have been very close links between this BELL family and the BURNETT family of Raskelf, Cundall, Thormanby, Husthwaite etc.
41. Ann BURNETT
Named beneficiary of the will of her nephew Timothy BURNETT, son of her brother Robert, on 30 Aug 1776 - "I give and bequeath to my Aunt Ann Miers widow of Yearsley the sum of ten pounds". The fact that Ann was a widow and living at Yearsley suggests that she was living with her brother Stephen - "my uncle Stephen Burnit of Yearsley" was also a beneficiary of the will.
43. Lucina BURNETT
Probably the Lucy BURNETT who married William HODGE at York Minster in 1743. The entry in the marriage register gives:
1743, Aug. 4. William Hodge & Lucy Burnitt, both of Crake. (Lic.)
After her father's death Lucina[Lucy]'s mother Ann, nee WIMPE, also married a William HODGE at Thormanby in 1731.
11. Robert BURNETT
At the Court Leet & Court Baron of the Manor of Husthwaite held on 13 Oct 1718 Robert BURNITT of Husthwaite, yeoman, surrendered a close of land containing a barn " to the use of Robert BURNITT of Thormanby his son [this Robert] ... according to the custom of the Manor".
Robert BURNETT was Churchwarden at Thormanby and signed the Bishop's Transcript of the parish register in 1728, 1729 and 1737. A comparison of these signatures with those on other documents shows that this same Robert BURNETT was a witness to the will of John BURNETT of Raskelf in 1730 - his brother.
At the Court Leet & Court Baron of the Manor of Husthwaite held on 12 May 1742 it was noted that Robert BURNETT of Thormanby, yeoman,
had on 29 Oct 1740, surrendered land at Husthwaite to the use of John BURNETT "eldest son of the said Robert Burnett " subject to the payment of £3.10s.0d per annum to Robert BURNETT during the term of his natural life. At the same Court a Thomas MATTERSON of Ruddings near Boltby, surrendered land known as the "Little Land Lands" in the Lordship of Husthwaite, next to land of Robert BURNETT on the North & West, to the use of William BURNETT of Thormanby, youngest son of the said Robert BURNETT ... according to the custom of the Manor.
At a similar Court held on 8 Nov 1763 it was noted that on 9 Mar 1763, Robert BURNETT "late of Thormanby but now of the City of York, gentleman, son of Robert Burnett and Mary his wife, both deceased, and William Burnett of Thormanby, yeoman" surrendered land to the use of Robert BURNETT "second son of Robert Burnett of Burley Ing, yeoman". Also, on 28 Apr 1764, John BURNETT of Thormanby, yeoman, "eldest son of Robert Burnett late of Thormanby, now of the City of York, yeoman" , Hannah his wife and the said Robert BURNETT of the City of York, surrendered land to the use of Timothy BURNETT, "third son of Robert Burnett of Burley Ing".
The burial record for a Robert BURNETT on 8 Sep 1765 in the parish register of the church of Holy Trinty, King's Court, in the City of York, was undoubtedly that of this Robert. His known son Thomas BURNETT, butcher, lived in this parish and had all of his children baptised at this same church.
Mary [Ann?] MARTIN
There is some doubt about the name by which the wife of Robert BURNETT of Thormanby was known. Thormanby parish register contains the record of a marriage between Robert BURNIT and *Mary* MARTIN on 10 Jul 1704. The same register contains the burial of *Ann* wife of Robert BURNETT in 1734. The assumption must be that: EITHER - Ann wife of Robert BURNETT was in fact the former *Mary* MARTIN who married Robert BURNETT of Thormanby in 1704 OR - Robert married twice, his first wife Mary having died [though no burial has been found], his second wife being named Ann.
No marriage has been found for a Robert BURNETT who lived at Thormanby, or Raskelf, or any of the other likely locations in the area, to a wife named Ann who might have died in 1734.
45. Ann BURNETT
[See notes for brother Robert]
46. Robert BURNETT
Robert was baptised at Husthwaite on the same day as his sister Ann but the baptism entry in Husthwaite parish register (BT) gives no indication that they were twins. It is thought more likely that one or both were baptised late. It is also quite likely that both were born elsewhere and that their parents had them baptised when they moved to Husthwaite. There is a 5yr gap in baptisms of known children of these parents between their marriage in 1704, at Thormanby, and the double baptism at Husthwaite in 1709. The family were back in Thormanby before 1718 - the young Robert died and was buried there.