11. Thomas BURNETT
Thomas was a named beneficiary of his great uncle Gabriel's will in 1617. He was joint executor, along with his mother, of the will of his father George BURNETT in 1641. His wife Joan outlived him by almost 30yrs.
His burial has not been found but Thomas left a will, dated 30 Nov 1643, proved 1 Feb 1643/44, which named his wife Joan BURNETT as sole executrix. The beneficiaries of the will were, in order of mention:
Son Thomas BURNETT --- his best suit with hat and boots
Son George BURNETT --- his second best suit and a hat
Son Thomas BURNETT --- the West end of the house after the death of his grandmother. [The testator's mother Margaret died in 1652]
Wife Joan BURNETT --- a close called Jennett Croft; two houses with a smithy in the occupation of Elizabeth, Edward and Esther STREET; a new house in the occupation of Richard CORKE; an old kiln house called "Jack House" with an oxe house, a barn and a wain house; a built upon burgage in the occupation of Mark LEE; two other burgages with a barn built on; a fulling mill with outbuildings at Poole and the residue of goods & chattels.Wife Joan was given the responsibility for the tuition of their children and she, together with two other named guardians, was also given responsibility for the tuition of the children of George BURNETT, deceased brother of Thomas.
Court records for the Manor of Otley include a surrender of a considerable amount of land and two shops or shambles in Otley by Thomas BURNETT to his wife Joan. The date of this surrender is not known but it must have been shortly before Thomas died in 1643/44.
Joan (Joanne) DUNWELL was born c1599, in Otley. She was the daughter of Richard DUNWELL and his wife Catherine ROGERSON
Joan married Thomas BURNETT in 1621 and they had nine known children - the last of whom, daughter Margaret, was born just one year before her father died. Joan was sole executor of her husband's will and was also charged with the responsibility for the tuition of their children and the children of George BURNETT, her deceased brother-in-law [see notes for husband Thomas BURNETT].
Joan BURNETT was named in several "surrenders" of land and property in the Manor of Otley from 1660, the first year for which records survive, up to but not after one dated 1 Sep 1671, just three days before she was buried.
Joan also left a will, dated 1 Sep 1671, proved 5 Feb 1671/72, which named Christopher POWELL as sole executor. The beneficiaries of the will were, in order of mention:
Son Peter BURNETT --- one close in Otley called Jennett Croft with appurtenances then in the tenure of William CAVE
Son John BURNETT, clerk --- £10 to be payed to him by his brother Peter towards funeral expenses plus rents due from lands in Otley towards payment of his mother's debts and the residue of funeral expenses. Also a suite of arms and musket.
Son Thomas BURNETT --- the standbed which he slept in, a cupboard and a counter in the over house
Granddaughter Margaret BURNETT --- a black serge waistcoat and petticoat
Daughter in law Ann BURNETT --- a red waistcoat and a cloth petticoat [Ann was the wife of either son Peter or son Richard]
Granddaughter Grace BURNETT --- a sheet & pillow bear and a web in the working
Grandsons Richard & William BURNETT --- 12d each
Son Anthony HOPKINS --- her Great Bible["son" Anthony HOPKINS was in fact Joan's son-in-law, husband of daughter Joan jnr.]
Son-in-Law Christopher POWELL --- residue of personal estate [Christopher POWELL was the husband of youngest daughter Margaret]The will was witnessed by George BURNETT and Ann HOGGE** and Joan made her mark.
Christopher POWELL proved the will and was granted probate on 5 Feb 1671/72. He presented an inventory of less than £5.
[Act Book for Ainsty Deanery]Granddaughter Margaret BURNETT was the daughter of Joan's son Thomas; granddaughter Grace BURNETT and grandson Richard were children of her deceased son George BURNETT and grandson William was the son of either her son Thomas or, perhaps more likely as he was older, the son of her deceased son William.
Christopher POWELL's name also occurs in the will of Elizabeth BURNETT of Otley who died in 1674/5 - he was named as one of Elizabeth's debtors. Elizabeth named her brother James BURNETT as sole executor. It is highly likely that there was a close connection between Elizabeth & James and the family of Joan BURNETT.
[**Ann BURNETT married Richard HOGG at Otley on 13 Jul 1665 - the marriage was by licence. In the licence bond Ann was described as "widow of Otley" age above 27yrs. This more or less confirms that she was the daughter-in-law of Thomas & Joan BURNETT, widow of their son William who died in 1659.]
Joan married Anthony HOPKINSON at Otley in 1659. On 3 Feb 1663/64 Anthony HOPKINSON & Joane his wife, both of Birstall, surrendered two closes of land in the Manor of Otley, which were at that time leased to George BURNETT of Otley [Joan's brother], to John BURNETT of Rowley, clerk [another brother]
23. Margaret BURNETT
Manorial records for the Manor of Otley show that on 27 May 1664 George BURNETT of Otley surrendered two and a half acres of land in Otley to the use of Margaret BURNETT his sister. A condition was attached to the surrender to the effect that if George payed £50 to Margaret on the day of her marriage or within six months after or within six months of the death of their mother Joan BURNETT, widow, or if Margaret did not marry and remained single then the surrender would become null & void. Another surrender dated 7 Jan 1664/65, Joan BURNETT, widow, conveyed four acres of land to Margaret BURNETT her daughter, this to take effect immediately after Joan's death.
Margaret did marry and appears to have retained the 'use' of the land in Otley detailed in the two surrenders above. Four days before her marriage the same pieces of land were conveyed to Christopher POWELL of Bramham - Margaret married Christopher POWELL at Otley on 21 Feb 1665/66. Christopher POWELL, and indirectly Margaret, benefitted from a further surrender of land from Joan BURNETT in 1667 which would again take effect after her death.
Margaret's husband Christopher POWELL was named as sole executor of her mother's will in 1671 and in 1672, after Joan BURNETT had died, Margaret's brother Peter surrendered land which he had been given by their mother to Christopher POWELL.
On 24 Apr 1675, George BURNETT of Otley, Margaret's elder brother, appears to have 'confirmed' all of these surrenders and made them permanent when he conveyed the same pieces of land to Christopher POWELL "for ever".
12. George BURNETT
George married twice and just to make life easy for future genealogists both wives were named Ann!!
George married first wife Ann LYNDLEY in 1627. They had a daughter named Margaret baptised in 1628 and then Ann died in 1630. She was buried on the same day as their son George BURNETT was baptised. Ann had presumably died as a result of complications with George jnr's birth.
Within seven months of his first wife's death George married his second wife Ann LAYCOCK. After having six children Ann died in 1641 - she was buried just five months after their daughter Joan was baptised and just one month before George himself was buried. Again there may have been problems with daughter Joan's birth because she died at just nine months old.
George left a will, dated 24 Jul 1641, proved 21 Oct 1641, which named his brother Thomas BURNETT as sole executor. Beneficiaries of the will were, in order of mention:
Eldest son George BURNETT -- a bedstead, a table and a cupboard in the upper parlour and an iron range in the house [these items to remain in the house as heirlooms]
Daughters Margaret, Gertrude, Grace and Joan BURNETT -- all issue & profits from lands and property at "Weskay Hill" for the next 20yrs; Margaret to have the first 5yrs, then Gertrude the next 5yrs, Grace the next 5yrs and Joan the last 5yrs.
Sons Richard BURNETT and Thomas BURNETT -- all interest, title and inheritance of the land and property at "Weskay Hill" for ever.
Son George BURNETT & daughter Margaret BURNETT -- £10 each at age 21yrs paid from their father's goods & chattels [this being money paid to their father by Thomas BURNETT of Otley one of the executors of the will of George BURNETT of Otley deceased and being money left to them in the will by George BURNETT, their grandfather]
Daughter Margaret -- a chest and all the linen which belonged to her own mother
Brother Thomas BURNETT and sister Rosamund BURNETT -- a 20/- gold piece each
Four daughters as above --- rest of goods & chattels equally divided between them.
George LAYCOCK, Grace LAYCOCK & Margaret WARD -- 10/- each [undoubtedly close relatives of the testator's second wife Ann LAYCOCK]
Brother John LYNDLEY -- 10/- ["brother" John LYNDLEY was brobably the testator's brother-in-law, brother of first wife Ann LYNDLEY]The education and maintenance of each of George's seven children up to age 18yrs was to be 'funded' from his goods & chattels and brother Thomas BURNETT was 'granted' the tuition and guardianship of all seven. Thomas BURNETT had eight children of his own and when he died two years later he made provision for the tuition of all fifteen children in his own will. Two of George's children, daughter Gertrude and son Richard, chose to have different guardians to those named in their uncle Thomas' will. [See notes for these individuals.]
George and his second wife Ann and their daughter Joan died within a few months of each other in 1641. There was a particularly large number of burials in the Otley parish register during 1840 and 1841 which suggests an outbreak of some form of infectious/contagious disease.
Ann is thought to have been the daughter of Nicholas LIDLEY of Farnley. She was baptised 25 Feb 1607/08 at Otley.
Ann was buried on the same day as her son George was baptised. She presumably died as a result of complications during or after the birth.
26. Gertrude BURNETT
Gertrude's father George BURNETT died in 1641when she was just 9yrs old. In his will he made provision for the education and maintenance of his children and 'granted' their tuition and guardianship to his brother Thomas BURNETT. Unfortunately Thomas BURNETT died in 1643 but he in his turn made provision for the tuition of his deceased brother's children in his will. He named his widow Joan BURNETT, Christopher DOYLE and Christopher SCATCHARD as their guardians.
The Calendar of Act Books at the York Registry includes a reference for a "tuition" in the Act Book for the Ainsty Deanery in December 1646. The original document was labeled and filed as a "curation" and is for Gertrude and Richard BURNETT, children of George BURNETT of Newall [sic], Otley, deceased. This document is not the usual pro-forma which the guardians signed, being bound in a certain sum of money to honour their new obligation. Instead it is a letter, transcribed as follows:
"Mr Thompson
These are to notyfy you that Gurtherett Burnett & Richarde Burnett children of Geo: Burnett late of Newall deceased hath comed before Mr Clapham and chosen Richard Hobson and Xpofer Ward guardians to receive theire portions issuing out of certain lands of Newall & other places wthin the doces of Yorke.
Tho: Clapham
Otley the ijth
December 1646/"Tuition bonds would generally apply to pre-pubescent children, ie. boys under 14yrs and girls under 12yrs old. For children over the qualifying age for a tuition bond, a curation bond would apply. Gertrude BURNETT would have been 12yrs old by this time so she would have been considered old enough to have some say in her own affairs. It is not known why new guardians were needed - perhaps Gertrude just didn't like the ones chosen for her by her uncle Thomas BURNETT.
27. Richard BURNETT
In 1641, when Richard was just 7yrs old, his father George BURNETT died. In his will he made provision for the education and maintenance of his children and 'granted' their tuition and guardianship to his brother Thomas BURNETT. Unfortunately Thomas BURNETT died in 1643 but he in his turn made provision for the tuition of his deceased brother's children in his will. He named his widow Joan BURNETT, Christopher DOYLE and Christopher SCATCHARD as their guardians.
The Calendar of Act Books at the York Registry includes a "tuition" in the Act Book for the Ainsty Deanery in December 1646. The original document was labeled and filed as a "curation" and is for Gertrude and Richard BURNETT, children of George BURNETT of Newall [sic], Otley, deceased. This document is not the usual pro-forma which the guardians signed, being bound in a certain sum of money to honour their new obligation. Instead it is a letter, transcribed as follows:
"Mr Thompson
These are to notyfy you that Gurtherett Burnett & Richarde Burnett children of Geo: Burnett late of Newall deceased hath comed before Mr Clapham and chosen Richard Hobson and Xpofer Ward guardians to receive theire portions issuing out of certain lands of Newall & other places wthin the doces of Yorke.
Tho: Clapham
Otley the ijth
December 1646/"Tuition bonds would generally apply to pre-pubescent children, ie. boys under 14yrs and girls under 12yrs old. For children over the qualifying age for a tuition bond, a curation bond would apply. Gertrude BURNETT would have been 12yrs old by this time so she would have been considered old enough to have some say in her own affairs. However, Richard would have been just 13yrs old. Perhaps he was an early developer and the deanery officials had stretched a point.
28. Grace BURNETT
Possibly the Grace BURNETT who married Jonas SMITH at Pudsey [Calverley] on 1 May 1662.
29. Thomas BURNETT
Thomas BURNETT of Newall surrendered [conveyed] a house and land in the Manor of Otley to George BURNETT of Kirskill [his brother] in 1663. This appears to have been the only time Thomas was involved in such dealings between 1660 and 1694 - the dates for which records have survived.
4 Jan 1662/63
Thomas BURNETT of Newall - all that messuage or tenement with all backings and one garth or croft belonging the same, also one close called the "New Close" and two other closes called the "West Closes", all containing by estimation nine acres of land meadow or pasture with all etc., all in the township of Newall cum Clifton and in the occupation of Samuel WARD & Alice CLAPHAM, widow or their assigns. To the only use and behoof of George BURNETT of Kirskill his heirs and assigns for ever ...