36. Robert BURNETT
Though baptised at Husthwaite it is likely that Robert was born at Raskelf. All of his siblings were born and baptised at Raskelf.
Described as "husbandman of Fawdington" in the Cundall parish register at the baptisms of his children; 1735 - 1745 incl.
At the Court Leet & Court Baron of the Manor of Husthwaite held on 15 Jan 1746 it was recorded that on 26 Apr 1745 Robert OWERAM of Husthwaite, yeoman, 'mortgaged' a house with a croft and garth from Robert BURNETT of Burley Ing in the parish of Cundall, yeoman. Five years later, on 15 Nov 1750, Robert OWERAM of Husthwaite, yeoman, and Robert BURNETT the elder of Burley Ing in the parish of Cundall, yeoman, surrendered the same property and land "... to the use of Robert BURNETT, second son of Robert BURNETT of Burley Ing ..."
*[Burley Ing is known to have been at Fawdington]*
Court Leet & Baron of the Manor of Husthwaite held on 5 Nov 1768:
"At this Court .... Robert Burnett of Burley Ing in the parish of Cundall, yeoman, on 7 Aug 1768, surrendered "... All that messuage house or tenement situate in Husthwaite with a garth and a croft on the backside, one close called the Qu..?.. now divided into two ... one other close called the Marrs or Brayflatts now in two closes ... also all that frontstead where lately a cottage or house was erected with one orchard garth and croft on the backside ... together with all [etc.] ... to the use of the said Robert Burnett for the term of his natural life and from and after his decease to the use of Robert Burnett, second son of the above named Robert Burnett of Burley Ing, his heirs and assigns for ever subject chargeable and liable to payment of £10 per annum for Ann Burnett, wife of the said Robert Burnett the father clear of all taxes ... with the use of one room called the Low Parlour in the same house for the term of her life ..."
Robert left a will, dated 15 Jun 1772, proved 28 Oct 1772, which named wife Ann as sole executrix. Ann was also a beneficiary, receiving an "...estate at Thorlthrop, in the occupation of John BELL ...", which would pass to son Timothy upon the death of his mother. The only other named beneficiary was son John, who received "...an income of £3 per annum from the revenue of the above estate". However, the opening paragraph of the will states "...as to what estate and effects I have yet not disposed of...I give and dispose thereof as followeth". This suggests that known sons Thomas and Robert had already been 'taken care of'. Son Robert certainly had - as witnessed by the two surrenders of 1750 and 1768 above.
Richard HODGE, John HODGE and John SMITH were witnesses to Robert's will. Robert's widowed mother, Ann BURNETT, married William HODGE at Thormanby on 10 Oct 1731 - Richard and John HODGE were possibly her sons; ie. Robert's step-brothers.
Robert BURNITT was Churchwarden at Cundall in 1734, 1748, 1750 and 1756 and signed the Bishop's Transcript of Cundall Parish Register for each of those years. These signatures appear to match the signature of the Robert BURNITT who was bondsman for probate on the will of John BURNETT of Raskelf in 1730 - this Robert's father.
Ann was the sole executrix and main beneficiary of her husband's will in 1772. At that time she was living at Husthwaite but it seems likely that for some time before she died she lived with her youngest son Thomas and his family at Helperby. She was living at Helperby at the time of her death and left a will dated 22 Oct 1779 which named Thomas as sole executor. Beneficiaries of the will were, in order of mention:
Son John BURNETT of London - £5 plus annuity of £6
Son Robert BURNETT - £8
Son Thomas BURNETT was named sole executor and proved the will on 31 Jan 1781. Thomas BURNETT of Helperby, farmer and Robert BURNETT of Fawdington in the parish of Cundall, farmer were bound in the sum of £420 and an inventory was exhibited.
Inventory of the Goods, Chattels and Credits of Ann Burnett late of Helperby, widow, deceased:
Purse & apparel £5.0.0
Household furniture £5.0.0
Money out at interest £200.0.0
49. John BURNETT
John was a beneficiary of his brother Timothy's will on 30 Aug 1776, which placed him in London at that time - "I give and bequeath to my brother John BURNIT of London the sum of one hundred pounds".
John was still living in London in 1779 when he was a beneficiary of his widowed mother's will - "I give and bequeath to my son John BURNIT of London the sum of five pounds" [John also received an annuity of £6].
51. Timothy BURNETT
Court Leet & Baron of the Manor of Husthwaite held on 28 Apr 1764:
"At this Court ... John Burnett of Thormanby (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, yeoman, in open Court ... surrendered ... All that close or parcel of ground formerly in three closes now divided into five closes or parts, containing one oxgang of land called Leafields, in one of which said closes is a barn ... one other close called Calf Gates of one acre ... one other close called Eller Close of 4 acres ... all which lands lie contiguous together and are situate within the Manor, Lordship and territories of Husthwaite, together with all [etc.] ... to the use and behoof of Timothy Burnett, third son of Robert Burnett of Burley Ing, Cundall, yeoman, his heirs and assigns for ever..."
Timothy BURNETT was a member of the "Homage" [jury] at the Manor Court held on 30 Apr 1768 - his one and only appearance as a juror at this Court.
Court Leet & Baron of the Manor of Husthwaite held on 6 May 1777:
"At this Court ... Timothy Burnett of Helperby, out of Court, on 30 August 1776, surrendered ... All that close or parcel of ground formerly divided into three closes commonly called the Leafield [sic] containing one oxgang, in one of which said closes is a barn, one other close called Calf Gates of One acre, and one other close called Eller Close of 4 acres, all which said closes lie contiguous together and are situate within the Manor or Lordship of Husthwaite, together with all [etc.] ... to the use of Robert Burnett, yeoman, of Burley Ing in the parish of Cundall, his heirs and assigns for ever ..."
Timothy's father Robert BURNETT was already dead, the Robert BURNETT of Burley Ing named in the surrender was, therefore, Timothy's older brother. The date of this surrender was the date on which Timothy made his last will and testament - which named his brother Robert BURNETT of "Burling" [sic] as sole executor. In his will Timothy described himself as a bachelor and yeoman - beneficiaries were, in order of mention:
Ann BURNETT - mother - £100
John BURNETT of London - brother - £100
Thomas BURNETT - brother - £150
William WHITE of Linton upon Ouse - cousin - £10
Stephen BURNETT of Yearsley - uncle - £10-** presumed to have been his father's brother
Ann MIERS, widow, of Yearsley - aunt - £10-** his father's sister Ann BURNETT married Robert MIERS at Cundall in 1734.
Mary PACKER, widow, of Sowerby - aunt - £10
Mary PEARSON wife of Richard PEARSON of Wigginton - cousin - £10
Dorothy WOOD of Nunington - former "fellow partner" at Stillington - £10
Rev Mr. WILSON, Vicar of Brafferton - £5 in trust for poor of the parish
Churchwardens & Overseers of the Poor of Carlton Husthwaite - £5 in trust for the poor of the township
Aunt Mary PACKER was possibly his father's sister Mary BURNETT after a second marriage; her first husband George BELL having died. She may also have been a sister of Timothy's mother Ann [whose maiden surname has yet to be found].
Cousin Mary PEARSON may have been a daughter of aunt Ann MIERS; a Mary MIERS, daughter of Robert MIERS, was baptised at Coxwold 5 May 1743 and a Mary MIERS married Richard PEARSON in Easingwold 4 Sep 1775.
Cousin William WHITE must have been a son of one of the siblings of Timothy's mother Ann.
Timothy was described as "bachelor of Helperby" in the record of his burial in the Brafferton parish register.
38. William BURNETT
William's baptism has not been found but the entry for his burial in Husthwaite parish register gives his age at death in 1798 as 95yrs - hence born c1703. This is very strong evidence to suggest that he was a son of John BURNETT and his wife Ann [nee WIMPE] of Husthwaite. A son named William was a beneficiary of the will of this John BURNETT in 1730, as were sons named John, Robert and Thomas. Robert was identified in the will as the *eldest* son. Robert died in 1772 and the burial entry in Husthwaite parish register gives his age at death as 72yrs - hence born c1700. Husthwaite parish register contains the baptism of Robert, son of John Burnett, on 19 Dec 1700 but John's next child, Thomas, was baptised at Raskelf on 26 Sep 1702. The Raskelf parish register also contains the baptisms of further children of John Burnett, including another son named Robert on 14 Oct 1704. It might have been assumed that Robert born 1700 must have died, the second Robert being named after him, had he not been identified as the eldest son in his father's will, still alive in 1730. Therefore, either the 1704 baptism was for another Robert, the son of a different John Burnett, or there was an error in the Bishop's Transcript of the parish register. Since no other John Burnett can be identified as having children baptised at or near Raskelf during this period, it looks very likely that the entry was an error. It is therefore quite possible that the baptism on 14 Oct 1704 was that of *William*, son of John Burnett, not Robert.
An index to marriage licence bonds and allegations issued by the offices of the Archbishop of York includes the following entry:
24 Apr 1735 - William BURNETT of Easingwold, age above 26yrs and Mary CHAPMAN of Felixkirk, age above 23yrs. The entry in the marriage register of York Minster gives: 1735, Apr. 25. William Burnit, of Raskelfe, in ye par. of Easingwold, & Mary Chapman, of Thirlby, in ye par. of Felliskirk. (Lic.)
The given age for William BURNETT suggests birth before 1709 - making it extremely likely that he was this William, the son of John BURNETT of Raskelf.
An index to marriage licence bonds and allegations issued by the offices of the Archbishop of York includes the following entry:
24 Apr 1735 - William BURNETT of Easingwold, age 26yrs or above and Mary CHAPMAN of Felixkirk, age 23yrs or above.
The given age for Mary suggests birth before 1712 - which is consistent with the age at death given in her burial in Husthwaite parish register.
57. Thomas BURNETT
Durham Record Office, Ref No. D/X 666/218
Property in Darlington
Deed dated 11 and 12 May 1796
(1) Mary Tunstall of Darlington, widow of Ralph Tunstall of Darlington
(2) Rowland Webster of Stockton upon Tees, Esquire; Anthony Dunn of Darlington, merchant; Ambrose Hodgson of Darlington, merchant; and Thomas Burrell of Darlington, gentleman (Ralph Tunstall's executors etc.)
(3) William Burnett of Darlington, gentleman
(4) *Thomas Burnett of Byram*, Yorkshire, gentleman
(5) William Hall of Darlington, flax dresser
(6) Thomas Bowes of Darlington, gentleman
Attested copy of a lease and release by (1) and (2) to (4) of a newly erected dwellinghouse and yard in Blackwellgate, Darlington, 2 messuages and a plot of ground behind them in Badellgate otherwise Blackwell-gate, and the back part of a further messuage in Blackwellgate (leading up Coniscliffe Lane) as specified, in trust for (3). Assignment by (2) to (6) of part of the property for the remainder of two terms of 999 years in trust for (3) and to attend the freehold. Assignment by (5) to (6) of the residue of a term of 1,000 years in part of the property in trust for (3) and upon trust to attend the freehold. Release by (1) and (2) to (3) of a pew of five seats in the middle aisle of Darlington parish church
Recites previous deeds. Attested 18 September 1821
Consideration: £1,021 4s. 8d. by (3) to (2) (2 files)
The connection between Thomas BURNETT of Byram, Yorkshire and Darlington in County Durham is most interesting. William BURNETT of Darlington, gentleman, was almost certainly Thomas' eldest brother.
Thomas left a will, dated 24 Jan 1798, which named brothers William and Robert and their respective children as the main beneficiaries. The names of the children of brothers William and Robert enable the testator to be identified as Thomas BURNETT son of William and Mary BURNETT, baptised at Raskelf on 17 Jul 1744. The fact that Thomas did not name a wife or any children of his own in his will suggests that he was either unmarried or was a widower with no surviving children.
The will mentions freehold land and property at Newton upon Derwent, near York, which was bequeathed to "my nephew William Burnett (son of my brother William Burnett)" and the sums of money bequeathed were substantial.
The intriguing question is - what was Thomas doing living at Byram?
42. Stephen BURNETT
Stephen BURNETT married Elizabeth THOMPSON by licence. The licence was issued 27 Dec 1742 with Stephen himself and William BURNETT of Thormanby signing a licence bond in the sum of £200. The marriage took place at Thormanby. Stephen's age was given as "above 25yrs" - therefore born before 1717. This approximate year of birth makes it possible that Stephen was a brother of fellow bondsman William BURNETT, who was born at Thormanby in 1714 - one of five known children of Robert BURNETT and his wife Mary MARTIN. Alternatively Stephen could have been a son of John BURNETT and his wife Ann WIMPE, that is William's cousin. Stephen had eight known sons and did not name one of them Robert - which he surely would have done if that had been his father's name. It is of course possible that there was a son named Robert and that the record of his baptism has not survived but it becomes more likely that William BURNETT was Stephen BURNETT's cousin.
Court Leet & Court Baron of Manor of Coxwold with View of Frankpledge held at Yearsley, 31 Mar 1749:
List of 'jurors' included Stephen BURNETT
[This is the only known reference to Stephen BURNETT in manorial records for Coxwold]
Stephen's parents were confirmed as John BURNETT and his wife Ann WIMPE in the will of John's grandson Timothy BURNETT of Helperby dated 30 Aug 1776. One of the beneficiaries of the will was "my uncle Stephen Burnett of Yearsley" - confirming that Stephen was a brother of Timothy's father Robert BURNETT - both being sons of the above John BURNETT.
The age at death  given in the burial entry for Stephen in Coxwold parish register, on 25 Feb 1804, suggests birth in c1715. This is consistent with the "above 25yrs" age he gave at his marriage in 1742.
44. John BURNETT
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, on 29 Oct 1740, had 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 it was recorded that, on 8 Jul 1741, Thomas MATTERSON of Boltby, yeoman, had surrendered 7 acres of land called "Little Land Lands" to the use of William BURNETT of Thormanby, youngest son of Robert BURNETT. This same William BURNETT named "my nephew John BURNETT, son of my brother John BURNETT " as one of the beneficiaries of his will in 1798. These documents between them provide conclusive evidence that John BURNETT of Thormanby who married Hannah BAXTER of Topcliffe in 1742 was the eldest son of Robert BURNETT and his wife Mary [nee MARTIN]. Robert BURNETT married Mary MARTIN at Thormanby in 1704, they had two children, named Ann & Robert, baptised on the same day at Husthwaite in 1709 - they were not described as twins. Known eldest son John must therefore have been born in 1704/1705.
John BURNITT was first mentioned as a member of the "Homage" [jury] at a Manor Court of Husthwaite in 1726 - having recently reached the age of 21yrs. He was also a juror in 1729 but then was not listed again until 1743 after which his services were regularly called upon until 1763.
John BURNETT married Hannah BAXTER by licence and the marriage bond, issued on 10 Nov 1742, gave John's age as above 25yrs - suggesting a birth date before 1717. John had understated his age, which was in fact above thirty five years at the time of his marriage. One of the bondsmen for the marriage was William STAVELEY, father of Mary STAVELEY who married William BURNETT, youngest brother of John BURNETT of Thormanby.
At the Manor Court held on 28 Apr 1764 at Husthwaite 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 the land which John BURNETT had from his father by the surrender of 12 May 1742 [see above] "to the use of Timothy BURNETT, third son of Robert BURNETT of Burley Ing in the parish of Cundall, yeoman". Burley Ing is known to have been at Fawdington and Robert BURNETT of Fawdington was a cousin of John BURNETT of Thormanby - John had sons of his own but at the time of this surrender his eldest son Robert had already died and his next son, John, was only 10yrs old.
John BURNETT and his son John both held the office of Churchwarden at Thormanby at different times. The Thormanby BT records a John BURNETT as churchwarden in the years:
1751, 1752, 1760, 1761, 1773, 1774, 1779, 1780, 1794, 1795, 1803, 1804 and 1812
It is surprising that this John BURNETT apparently did not leave a will. Neither a will nor an administration bond can be found for him. His son John BURNETT and his widow Hannah BURNETT did leave wills.
Hannah left a will, dated 29 May 1806, proved at York 25 Mar 1808, which named her son John as sole executor. John was also a beneficiary of the will - receiving land and property at Bilton with Harrogate and "elsewhere in the Forest of Knaresborough". Other named beneficiaries were daughter Jane BURNETT, daughter Mary WRIGGLESWORTH, daughter Elizabeth BELL, daughter Ann PLUMMER.
70. Elizabeth BURNETT
A named beneficiary of her mother's will in 1808 under her married name Elizabeth BELL.
71. Ann BURNETT
A named beneficiary of the will of her uncle William BURNETT and of her mother's will in 1808, both wills giving her married name Ann PLUMMER.
Ann had at least six children with her husband George, including a son named Luke PLUMMER. Luke was a named beneficiary and joint executor, along with his cousin William WRIGGLESWORTH, of his uncle John's will in 1821.
72. Jane BURNETT
Jane remained a spinster throughout her life. When her brother John died, in 1821, his will named "...sister Jane Burnett..." as one of the beneficiaries. Also, when Jane died and was buried at Thormanby, in 1826, she was named in the burial register as Jane BURNETT.
73. Mary BURNETT
At first assumed to have been the niece Mary HUDSON named as a beneficiary of her uncle William BURNETT's will in 1798. However, Mary was also a beneficiary of her mother's will in 1808 under her married name Mary WRIGGLESWORTH. It is possible that Mary married twice; her first husband being named HUDSON and her second WRIGGLESWORTH.
74. John BURNETT
John was one of the main beneficiaries of the will of William BURNETT of Thormanby, his uncle, in 1798. A Court Leet & Baron of the Manor of Husthwaite held on 26 Apr 1799 recorded the fact that Wiiliam BURNETT of Thormanby, by his will, had surrendered "all that messuage house or tenement with garth garden and orchard on the backside containing one acre ... also one close called Norman Croft containing 4 acres ... also one close called Little Land Lands containing 7 acres and one close called Knapperon Lands containing one acre ... to his nephew John BURNETT, son of his brother John BURNETT"
At the Manor Court of Husthwaite held on 22 May 1810 John BURNETT of Thormanby, yeoman [this John] surrendered the same property and lands to the use of "such person or persons as the said John Burnett has already or shall hereafter give in his last will and testament" This surrender was a little bit premature - John did not die until eleven years later.
John did leave a will, dated 11 May 1821, proved 12 Nov 1821 at York, probate granted 14 Dec 1821 in the Prerogative Court at York, which named William WRIGGLESWORTH and Luke PLUMMER as joint executors. Named beneficiaries of the will were John's wife, Mary, nephews William WRIGGLESWORTH and Luke PLUMMER and John's sister Jane BURNETT. Unnamed beneficiaries were "all my nephews and nieces." The will mentioned property and land owned by Lord Downe, upon which John BURNETT was the sitting tenant. Also mentioned was "real estate" at Husthwaite and Bilton with Harrogate; which was to be sold after John's death. John had inherited the property at Bilton in his mother's will. The fact that John did not name any children of his own in his will suggests that there were none.
Because John held land in Bilton his will was also recorded in an index to wills & administrations proved in Yorkshire 'peculiar' courts:
1821 - John BURNETT, Honour Court of Knaresborough. Copy enroled at Wakefield District Probate Registry ref: AA 063. The copy held at Wakefield is exactly the same as that held at York.
Mary's father, Thomas WOODWARD, in his will dated 4 Mar 1806, bequeathed her his copy-hold house and land within the Manor of Easingwold. She also received his freehold close known as "Lund Lees" in Easingwold together with a sum of 5 guinees - ".. to buy mourning .." - and a further sum of £200. If Mary had no children during her marriage to John BURNETT then the house and land [freehold and copyhold] would revert to sons John and Thomas WOODWARD. At a court leet of the Manor of Easingwold cum Huby, held on 22 Oct 1806, Mary BURNETT was granted "seisin" of the land and premises and was "admitted" as a freehold tenant of the Lord of the Manor of Easingwold.
78. William BURNETT
A named beneficiary of his uncle William BURNETT's will in 1798.
47. Thomas BURNETT
Amongst the holdings of the East Riding of Yorkshire Archives and Records Service is a copy release relating to property in Pocklington, Holtby and Warthill - ref. DDGD/873. Thomas BURNETT of the City of York, butcher, and Margaret his wife were amongst the six "parties" involved in this release; which was dated 21 Apr 1740 and 1 Jul 1740.
The Register of Deeds for the North Riding of Yorkshire contains the following entry under register ref. BM, 208, 308:
Memorial of an Indenture of Lease & Release dated 1st & 2nd July 1740 between Thomas RICHARDSON of Bishop Wilton, grocer & Elizabeth his wife; Thomas BURNETT of City of York, butcher & Margaret his wife; John HEADLEY of same place, plumber & Mary his wife; John HARDY of Seaton in Holderness, gent & Jane his wife, Ann DAVYE of Pocklington, spinster and William CHAMBERS of Pocklington, butcher & Grace his wife [which said Elizabeth, Margaret, Mary, Jane & Grace are the daughters of George DAVYE of pocklington, gent, deceased] all of the one part and Henry MUNBY of Beverley, gent of the other part. Concerning a house with barns, stables, garth and all other apputenances thereto belonging situated in Pocklington and five closes of land in Holtby and one close of land in Warthill. Which said indenture was requested to be registered by John CROSS of Meltonby, gent, executor of the last will & testament of said William CHAMBERS, deceased.
Witnesses: Thomas CLARK, gent. & John LAWSON, gent. both of Pocklington.
The documents held by East Riding of Yorkshire Archives and Records Service, described above, obviously include a copy of this deed.
At the Manor Court of Husthwaite held on 28 Apr 1764 it was recorded that Robert BURNETT of Thormanby, yeoman, had surrendered property and land to the use of William BURNETT of Thormanby, yeoman, youngest son of the said Robert BURNETT, with the proviso that William paid £30 to Thomas BURNETT of the City of York, butcher [his brother], within 2yrs of the death of their father Robert BURNETT.
Thomas lived within the boundaries of the parish of Holy Trinity, King's Court and had all of his children baptised at the parish church. His father Robert was also living in this parish at the time of his death. Both Thomas and his father Robert were buried in this churchyard.
48. William BURNETT
At the Court Leet & Baron of the Manor of Husthwaite held on 12 May 1742 it was recorded that, on 8 Jul 1741, Thomas MATTERSON of Boltby, yeoman, had surrendered 7 acres of land called "Little Land Lands" to the use of William BURNETT of Thormanby, youngest son of Robert BURNETT. At the same Court it was recorded that Robert BURNETT of Thormanby, yeoman, on 29 Oct 1740, had surrendered several pieces of land to "... John BURNETT, eldest son of the said Robert BURNETT". This document [NYCRO: Mic 2044] provides conclusive evidence that the William BURNETT who married Mary STAVELEY in 1769 was the son of Robert BURNETT and his wife Mary [nee MARTIN], who was baptised at Thormanby on 15 Feb 1714.
William BURNETT of Thormanby, yeoman, was a bondsman for the marriage licence bond issued in December 1742 for the marriage of Stephen BURNETT and Elizabeth Thompson both of Felixkirk. Stephen was William's cousin.
William BURNETT and Mary STAVELY were married by licence. The marriage licence bond, dated 7 May 1769, describes them as "William Burnett, aged above 40yrs, of Husthwaite, and Mary STAVELEY, aged above 35yrs, of Thormanby". This suggests that William was born before 1729 and Mary before 1734. As was often the case, the groom had 'understated' his age - he was in fact aged above 50yrs at the time of his marriage. Not surprisingly there was only one child of this marriage, a daughter named Ann - she died as an infant.
William BURNETT was a regular member of the "Homage" [jury] at various sessions of the Manor Court at Husthwaite between 1744, his first mention as a juror and 1777, his last mention. He was a juror at the Court held on 28 Apr 1764 when it was recorded that Robert BURNETT of Thormanby, yeoman [his father] had, on 12 May 1763, surrendered "... that messuage house or tenement with a garth and orchard ... one parcel of land called Norman Crofts containing 4 acres ... one parcel of land called Knapperands [sic] and one other parcel of land lying in the same flat of ground containing one rood **... to the use of William BURNETT of Thormanby, yeoman, youngest son of the said Robert BURNETT ..." with the proviso that William paid £30 to Thomas BURNETT of the City of York, butcher [his brother], within 2yrs of the death of their father Robert BURNETT.
At the Court held on 3 Nov 1772 William BURNETT of Husthwaite and Mary his wife surrendered "... that parcel of land called Knapperon Land containing one rood** lying in a field called the Knapperons ... to the use of Thomas JACKSON". At the Court held on 17 Apr 1783 William surrendered all the rest of his property and land to the use of "... such person or persons and for such purposes as William BURNETT has already or hereafter shall give, devise, direct, limit or appoint by his last will and testament ..."
William's will, dated 6 Dec 1798, named his wife Mary as sole executrix. As well as Mary, other named beneficiaries were: nephew John BURNETT ["son of my brother John BURNETT"]; nephew William BURNETT; niece Jane KNOWLSON; niece Mary HUDSON and niece Ann PLUMMER. Witnesses to the will were John STAVELEY, William BLYTH and George SHEPPARD. On 26 Apr 1799 the Manor Court noted the fact that William BURNETT had died since the last Court and recorded the details of his last will and testament. [see copy will]
Three of the nephews and nieces named in William BURNETT's will can be identified as children of the marriage of John BURNETT and Hannah BAXTER (20 Nov 1742 at Topcliffe). However, the niece Jane KNOWLSON was apparently not Jane the daughter of John and Hannah - she was named in her brother John's will in 1821 as "my sister Jane BURNETT" and when she died, in 1826, she was named in the Thormanby burial register as Jane BURNETT. Jane KNOWLSON must therefore have been a daughter of another brother or sister of William BURNETT or of his wife Mary STAVELEY. The same might also be true of niece Mary HUDSON. Mary STAVELEY, had a sister named Elizabeth who married Christopher NOLSON [sic] in 1758 and Christopher and Elizabeth did have a daughter named Jane who was probably the niece Jane KNOWLSON, mentioned in the will of William BURNETT.
[William BURNETT's will also provides conclusive evidence that the John BURNETT who married Hannah BAXTER was John BURNETT, eldest son of Robert BURNETT of Thormanby, named in the Court Roll of the Manor of Husthwaite in 1740 - see above]
Mary was born at Thormanby in 1724, daughter of William and Mary STAVELEY. She gave her age as "above 35 yrs" for the licence bond for her marriage to William BURNETT in 1769 - suggesting a birth before 1734. William gave his age as "above 40 yrs" - suggesting birth before 1729. Both had 'understated' their ages - William by 15yrs and Mary by 10yrs!!