Admon Papers – Evan Emerson – 5 Oct 1792

Know all Men by these presents that we Joseph Dickinson of Dufton in the County of Westmoreland Gentleman,  William Richardson of the City of Durham Yeoman and Robert Wood of the same City yeoman are held and firmly bound unto the Honourable and Right Reverend Father in God SHUTE by Divine Providence Lord Bishop of Durham, and to the Right Worshipful George Harris, Doctor of Laws, Vicar General and Official Principal, lawfully appointed in the Penal Sum of Nine pounds of Good and lawful money of Great-Britain to be paid to the said  Reverend Father in God, his said Official , or to their certain Attorney, their Executors Administrators or Assigns: To which payment, well and truly to be made, we oblige our-selves and each of us by himself, jointly and severally, for  the whole, our and every of our Heirs, Executors and Administrators, firmly by these Presents, Sealed with our Seals, dated the fifth Day of October in the thirty second Year of the Reign of our Sovereign Lord George the third by the Grace of God of Great-Britain, France and Ireland, King, Defender of the Faith, and so forth, and in the Year of our Lord One thousand seven hundred and ninety two.



The Condition of this obligation is such that if the above bounden Joseph Dickinson the Sole Executor named in the last Will and Testament of Evan Emerson late of Temple Sowerby in the County of Cumberland Gentleman deceased and do make or cause to be made a true and perfect inventory of all and singular the Goods, Chattels and Credits of the said Deceased, which have or shall come to the Hands, Possession or Knowledge of him the said Joseph Dickinson or into the Hands and Possession of any Person or Persons for him; and the same so made, do Exhibit or cause to be Exhibited into the Registry of the Consistory Court at Durham,  at or before the fifth Day of April next ensuing; and the said Goods, Chattels, and Credits, and all other the Goods, Chattels and Credits, of the said Deceased at the time of her Death which at any Time after shall come to the Hands or Possession of the said Joseph Dickinson or into the Hands and Possession of any other Person or Persons for him do well and truly administer according to Law.  And further do make or cause to be made, a true and Just Account of his said Administration, at or before the fifth Day of October in the Year of our Lord One thousand seven hundred and ninety three And all the rest and Residue of the said Goods, Chattels and Credits, which shall be found remaining upon the said Administrators Account, the same being first examined and allowed of by the Judge or Judges for the Time being of the said Court, shall deliver or pay unto such Person or Persons respectively, as the said Judge or Judges by his or their Decree or Sentence pursuant to the True Intent and Meaning of a late Act of Parliament made in the two and twentieth and three and twentieth Years of the Reign of our late Sovereign Lord King Charles the Second, intitled, An Act for the better settling of Intestates Estates,   shall limit and appoint, And if it shall hereafter appear, that any last Will and Testament was made by the said Susanna Emerson Deceased, and the Executor or Executors therein-named do exhibit the same into the said Court, making request to have it allowed and approved; accordingly, if the said Joseph Dickinson above bounden being thereunto required, do render and deliver the said Letters of Administration, approbation of such Testament being first had and made in the said Court, then this Obligation to be void; or else to remain in full Force and Virtue.



Signed Sealed and Delivered (being first duly stamped) in the Presence of Joseph Dickinson, William Richardson, Robt. Wood  



Geo: Wood   Under £5 Wood pr.						



Whereas Susanna Emerson late of Temple Sowerby in the County of Cumberland heretofore the Widow  and Relict of Joseph Emerson late of Crosgill in the Parish of Aldston in the same County and within the Diocese of Durham Gentleman deceased and late the Wife of Evan Emerson late of Temple Sowerby aforesaid Gentleman now also deceased departed this Life the Seventeenth day of May in the year of our Lord one thousand seven hundred and eighty four Intestate without Child or Parent leaving the said Evan Emerson her Husband and Nicholas Walton of Farnacres in the County and Diocese of Durham Gentleman her natural and lawful Brother and only next of kin.  And whereas the said Evan Emerson duly made and executed his last Will and Testament in Writing bearing Date the Twenty second day of September in the aforesaid year of our Lord one thousand seven hundred and eighty four and thereby among his Leasehold Messuages Lands Tenements and Hereditaments therein other Things gave devised and bequeathed mentioned and all the Rest Residue and Remainder of his Messuages Lands and Tenements Goods Chattels and personal Estate whatsoever and wheresoever to his Cousin Joseph Dickinson Then of Tynehead in the Parish of Aldston in the County of Cumberland but now of Dufton in the County of Westmorland Gentleman and appointed him Sole Executor of his said Will and died on or about the Fifth day of March in the Year of our Lord one thousand seven hundred and ninety one without having obtained Letters of Administration of the Goods Chattels and Credits of the aforesaid Susanna Emerson his late Wife deceased to be committed and granted to him _ And the said Joseph Dickinson hath duly proved the said last Will and Testament in the proper Ecclesiastical Court 



Now know all Men by these presents that I the above named Nicholas Walton for divers good Causes and Considerations me thereunto specially moving Do hereby expressly renounce my Right to Letters of Administration of all and singular the Goods Chattels and Credits of the above named Susanna Emerson my late Sister deceased and do consent as far as in me lies that such Letters of Administration may be committed and granted to the above named Joseph Dickinson the Sole Executor and Residuary Legatee named in the Will of the aforesaid Evan Emerson deceased And to the End that this my Renunciation and Consent may have due Effect in Law I do hereby nominate constitute and appoint George Wood Notary public one of the procurators General of the Consistory Court of Durham or in his Absence any other proctor of the said Court my true and lawful proctor for me on my Behalf and in my Name to appear before the Right Worshipful George Harris Doctor of Laws Vicar General and Official principal lawfully constituted of the Honourable and Right Reverend Father in God SHUTE by Divine Providence Lord Bishop of Durham his Surrogate or some other competent Judge in this behalf to exhibit this my special Proxy of Renunciation and Consent and to pray and procure the same to be admitted and enacted to all Intents and Purposed in Law whatsoever and generally to act and do all and singular such further and other Acts Matters and Things as shall or may on my behalf be requisite or expedient towards procuring such Letters of Administration to be granted to the said Joseph Dickinson hereby ratifying allowing and confirming all and whatsoever the said George Wood or in his absence any other proctor of the said court may by virtue of this my proxy lawfully do or cause to be done in and about the Premises In Witness whereof I have hereunto set my Hand and Seal this Twenty Fifth day of August in the Year of our Lord one thousand seven hundred and ninety-two._



Signed sealed and delivered, being first duly stamped, in the presence of us 

Nichos. Walton     William Haigh Surrogate       Nich. Walton Junr.



5 October 1792  Let this proxy of Renunciation be admitted at the petition of George Wood the proctor therein named and at his further petition let Administration of the Goods Chattels and Credits of the within named Susanna Emerson decd. be granted to the within named Joseph Dickinson.

       Saml. Viner Surr.