Notes and details of Mark Barker's heirs and successors, Mark Barker Passman and Henry Passman, and their mother Sarah, follow the details of the Will.
Mark Barker had been a servant of Thomas Wayne of Angrove Hall.
This country house once stood between Stokesley and Great Ayton, but was demolished in 1832. According to John Fairfax-Blakeborough, this was because it was haunted. Only its gate piers survive, removed from their original position to a new site outside the Stokesley Manor House.
We are keenly awaiting Peter Meadows' revised booklet on the subject, but in the meantime notes from his earlier account can be found here, with descriptions and maps.
On his death in 1806, Thomas Wayne left considerable property to Mark Barker, who found himself a property owner in Hutton Rudby and Lord of the Manor of Hutton. Barker's Row is named after him, and he provided the site for the village school built by Mr Barlow.
He left his estate to a boy called Mark Barker Passman, who is widely believed to have been his son by Sarah Passman. Mark Barker Passman died at the age of 32 and in turn left the property to his half-brother Henry Passman. Henry farmed at Manor House Farm (on the road between Hutton Rudby and Crathorne) until he retired to live on North Side, a little way up from the Bay Horse.
Mark Barker of Great Ayton: Will dated 18 August 1838, buried 24 Jan 1839, aged 72
Summary
Executor: William Pasman (Edward Meynell the younger renounced). All household goods of her choice to Miss Sarah Passman, and on her death to Mark Barker Passman, as she specifies. Inventory to be made. Legacies to nephew Mark Pattison, niece Ellen Oates and great niece in Sunderland. All property to executors on trust for sale, to pay Sarah Passman £20 p.a. MBP to inherit estate at age of 28 years; powers of advancement for education etc until that time. If MBP died before reaching 28 and without leaving lawful issue then subject to an annual payment of £20 p.a to niece Ellen Oates, the estate to pass to nephew Pattison. £5 each to Exors. Sarah Passman to be MBP’s guardian. Thorough and careful provision for legacies to women to be free of husband’s interest, and for appointment of new trustees etc
This is the last will and Testament of me Mark Barker of Great Ayton in Cleveland in the County of York esquire
I do hereby revoke all former wills and Codicils by me at any time heretofore made
I Give and bequeath to Sarah Passman of Great Ayton aforesaid Spinster the use and enjoyment of all my household goods furniture plate linen and china or such part thereof as she may choose for and during the term of her natural life she signing and delivering an inventory thereof to my Trustees and Executors hereinafter named on request And from and after her decease I Give and bequeath the same or such part thereof as she shall so choose as aforesaid to my adopted son Mark Barker Passman born on the body of her the said Sarah Passman his executors administrators and assigns
I Give and bequeath unto my nephew Mark Pattison of Sunderland in the County of Durham Shoemaker the legacy or sum of fifty pounds
I Give and bequeath to my niece Ellen Oates wife of [blank] Oates of Sunderland aforesaid Mariner the legacy or sum of fifty pounds
I Give and bequeath to my great niece Mary Oates of Sunderland aforesaid Spinster the legacy or sum of thirty pounds
And I direct that the said three last mentioned legacies shall be paid by my executors hereinafter named out of my personal estate at the end of twelve calendar months next after my decease but without any interest for the same in the mean time
I Give devise and bequeath all and singular my manors messuages farms lands tenements hereditaments and real estate in possession reversion remainder and expectancy or which in exercise of any especial power I am authorized to appoint by this my will with the rights and appurtenances hereunto respectively belonging And also all and singular my personal estate and effects whatsoever and wheresoever not hereinbefore otherwise disposed of unto and to the use of William Passman of Carlton in Cleveland in the said County of York Farmer and Edward Meynell the younger of Hutton near Rudby in Cleveland aforesaid Weaver their heirs executors administrators and assigns according to the several natures and qualities thereof respectively
Upon the Trusts nevertheless hereinafter expressed or declared of concerning the same that is to say
Upon Trust that they the said William Passman and Edward Meynell and the survivor of them and the executors administrators and assigns of such survivor do and shall as soon as conveniently may be after my decease sell and convert into money all such parts of my said personal estate and effects as shall not consist of money or securities for money and collect and get in such part of my said personal estate and effects as shall consist of debts or money outstanding upon any security or continue the same or any part thereof in its present state of investment as my said trustees shall think proper And do and shall lay out and invest the monies to arise and be collected as aforesaid and such part of my said personal estate as shall consist of money in their or his names or name in the parliamentary stocks or public funds of Great Britain or at interest on Government or real securities in England or Wales and from time to time alter vary and transfer the hereinbefore mentioned trust monies so to be laid out and invested or continued in investment as aforesaid for or into other stocks funds or securities of the like nature when and as often as they or he shall think fit
And upon further Trust that my said Trustees or trustee for the time being do and shall during the natural life of the said Sarah Passman by and out of the rents and profits of my said real estate levy and raise the annual sum of twenty pounds of lawful money English currency free from taxes and clear of all other deductions and pay the same by equal half yearly payments (the first payment to be made at the end of six calendar months next after my decease) into the proper hands of the said Sarah Passman or to such person or persons as she shall whether covert or sole from time to time by any writing under her hand direct or appoint to the intent that the same may be for her own sole and separate use and benefit exclusively of any husband with whom she may intermarry and without being subject to his debts control interference or engagements
And I direct that the receipt of the said Sarah Passman notwithstanding her coverture shall be a sufficient discharge for the same
And upon further Trust that they my said trustees or trustee for the time being do and shall by and out of the said rents and profits or by and out of the interest dividends and annual produce of the trust monies stocks funds and securities hereinbefore or hereinafter mentioned from time to time until the said Mark Barker Passman shall attain the age of twenty eight years or die which shall first happen pay and apply such sum and sums of money as my said trustees or trustee for the time being shall think fit for or towards the maintenance and education or otherwise for the benefit of the said Mark Barker Passman
And upon further Trust that until the said Mark Barker Passman shall attain the age of twenty eight years or die which shall first happen my said trustees or trustee for the time being do and shall from time to time lay out and invest the residue of the said rents and profits interest dividends and annual produce which shall be unapplied and undisposed of by virtue of the trusts and provisions hereinbefore declared in their or his names or name in any of the stocks funds and securities hereinbefore mentioned so as the same may accumulate in the way of compound interest and shall and may from time to time alter and vary the accumulations for the time being made into other stocks funds and securities of the like nature at their and his discretion
And I declare and direct that when the said Mark Barker Passman shall attain the age of twenty eight years or shall die under that age leaving lawful issue him surviving my said trustees and trustee for the time being shall stand and be seized of my said real estate (subject and without prejudice to the said annual sum of twenty pounds hereinbefore given to the said Sarah Passman for her life)
In trust for the said Mark Barker Passman his heirs and assigns for ever and do and shall stand and be possessed of and interested in the monies hereinbefore directed to be laid out and invested as aforesaid and the stocks funds and securities on which the same shall be laid out and invested and all accumulations thereof
In trust to pay transfer and assign the same unto the said Mark Barker Passman his executors administrators and assigns to and for his and their own use absolutely
Provided always and I do hereby declare my will and mind to be that if the said Mark Barker Passman shall die under the age of twenty eight years without leaving lawful issue him surviving then and in that case my said trustees or trustee for the time being shall stand and be seized of my said real estate
Upon trust during the natural life of the said Ellen Oates to raise and levy by and out of the rents and profits thereof the annual sum of twenty pounds free from taxes and clear of all other deductions and pay the same by equal half yearly payments (the first payment to be made at the expiration of six calendar months next after the decease of the said Mark Barker Passman under the age of twenty eight years and without leaving issue as aforesaid) into the proper hands of the said Ellen Oates or to such person or persons as she shall whether covert or sole from time to time by any writing under her hand direct or appoint To the intent that the same may be for her sole and separate use and benefit exclusively of any husband with whom she may intermarry and without being subject to his debts control interference or engagements
And I direct that the receipt of the said Ellen Oates notwithstanding her coverture shall be a sufficient discharge for the same And subject to the payment of the said several annual sums of twenty pounds each hereinbefore given to the said Sarah Passman and the said Ellen Oates respectively as aforesaid the same real estate shall be In trust for the said Mark Barker Passman his heirs and assigns for ever
And I further declare and direct that in case of the death of the said Mark Barker Passman under the age of twenty eight years and without leaving lawful issue him surviving as aforesaid my said trustees or trustee for the time being shall stand and be possessed of and interested in the said monies hereinbefore directed to be laid out and invested as aforesaid
And of and in the stocks funds and securities on which the same shall be invested and all accumulations thereof
In trust to pay transfer and assign the same unto the said Mark Pattison his executors administrators and assigns to and for his and their own use absolutely
I constitute and appoint the said William Passman and Edward Meynell Executors of this my will and I Give to each of them the said William Passman and Edward Meynell accepting the trusts and executorship of this my will the legacy or sum of five pounds
And I Give and devise unto and to the use of the said William Passman and Edward Meynell their heirs and assigns All such real estates as are now vested in me by way of mortgage in order to enable them with the greater ease and convenience to recover receive and get in the money secured by such mortgages for the purposes of this my will
And I also give and devise unto and to the use of them the said William Passman and Edward Meynell their heirs and assigns All such real estates as are now vested in me upon any trust or trusts To hold the same unto and to the use of them the said William Passman and Edward Meynell their heirs and assigns Upon the trusts affecting the same And so far as the law enables me in this behalf I do hereby appoint the said Sarah Passman, Guardian of my said adopted son Mark Barker Passman during his minority in case she shall so long live and continue single and unmarried
And I declare and direct that so much and such part and parts of the rents and profits of my said real estate and of the interest or yearly dividends of my said personal estate and effects as are hereinbefore directed to be applied for the maintenance or education or otherwise for the benefit of my said adopted son Mark Barker Passman shall be paid for that purpose by my said trustees or trustee for the time being into the hands of her the said Sarah Passman so long as the same shall be applicable to that purpose in case she shall so long live and continue single and unmarried to be by her applied for those purposes in such manner as she shall think most proper and expedient and of which she shall not be obliged to keep or give any account
Provided always and I do hereby declare and direct that if either of my said trustees shall die or be desirous to decline to act or become incapable of acting in the trusts of this my will then a new trustee may be appointed by the surviving or continuing trustee (with the consent in writing of the said Sarah Passman if single and unmarried) but if dead or married then of the proper authority of the surviving or continuing trustee
And the said trust estates securities monies and premises shall in that case be conveyed and assigned so as to be vested in such new and such surviving or continuing trustees or trustee
Upon the same trusts and with the same powers as are hereinbefore mentioned and declared and so from time to time as often as that case shall happen
Provided also and I do hereby further declare that the trustees or trustee for the time being of this my will and each and every of them and each and every of their heirs executors administrators and assigns shall be charged and chargeable for such monies only as they respectively shall actually receive by virtue of the trusts hereby in them reposed notwithstanding their or any of their giving or joining in giving any receipt or receipts for the sake of conformity
And I direct that none of them shall be answerable or accountable for any Banker or Broker with whom the said trust monies and premises shall be placed for safe custody or for any default or neglect of the others or other of them or for involuntary losses
And also that it shall and may be lawful for them and each of them with and out of the monies which shall come to their respective hands by virtue of the trusts aforesaid to retain to and reimburse themselves respectively
And also to allow their respective co trustees or co trustee over and above and exclusive of the legacies hereinbefore to them respectively given as well all reasonable charges for their journies, attendances, loss of time and trouble in the execution defence or performance of the trusts hereby in them reposed or to be reposed by virtue or in pursuance of this my will as all their costs charges damages and expences to be occasioned in any manner thereby
In witness whereof I the said Mark Barker have to this my last will and testament contained in this and the five preceding sheets of paper set my hand and seal that is to say my hand to each of the said five preceding sheets and my hand and seal to this last sheet this eighteenth day of August in the year of our Lord one thousand eight hundred and thirty eight.
Mark Barker
The writing contained in this and the five preceding sheets of paper hereto annexed was signed and sealed by Mark Barker of Great Ayton in Cleveland in the County of York esquire and by him published and declared as and for his last will and testament in the presence of us who as witnesses thereof have hereunto subscribed our names in his presence at his request and in the presence of each other
Wm Garbutt Solr Stokesley Yorks
John Blackett
Henry Collins Clerk to Messrs Garbutt & Co
Entd
Know all Men by these presents that I Edward Meynell the younger of Hutton near Rudby in Cleveland in the County of York Weaver one of the Executors named in the last Will and Testament of Mark Barker late of Great Ayton in Cleveland aforesaid Esquire deceased for divers good causes and considerations me thereunto moving have renounced and refused and as by these presents renounce and refuse all my right title and interest in and to the probate and execution of the said last Will and Testament of the said deceased in the Prerogative Court of York and also in and unto the Administration of his Goods, Chattels and Credits with the same annexed. And to the intent that this my renunciation have its due effect in law I do hereby nominate constitute and appoint George Sawton of the City of York Notary Public and one of the Proctors General and exercent of the Exchequer and Prerogative Courts of York my lawful Proctor for me and in my name to appear before the Right Worshipful Granville Harcourt Vernon Master of Arts Commissary and Keeper General of the said Court or his lawful Surrogate and to pray and procure this my renunciation to be accepted enacted and admitted hereby promising to ratify and confirm whatsoever my said Proctor or his substitute shall lawfully do in the premises. In witness whereof I have hereunto set my hand and seal this twenty second day of February 1839
Edward Meynell Junr
Signed and sealed in the presence of us
Anthony Smith
Geo Gr[...]
Granville Harcourt Vernon, Master of Arts, Commissary and Keeper General of the Exchequer and Prerogative Court of the most Reverend Father in God, EDWARD, by Divine Providence, Lord Archbishop of YORK, Primate of ENGLAND, and Metropolitan, To our well-beloved in Christ, The Reverend William Gibson and The Reverend Thomas Todd Clerks
jointly and severally, GREETING: Whereas, Mark Barker late of Great Ayton in Cleveland in the County of York Esquire having whilst living, and at the time of his Death, Goods, Chattels, or Credits, in divers Dioceses or Jurisdictions did make his Will (hereunto annexed) and did therein name
William Pasman (in the Will written Pafsman) one of his Executors who
Edward Meynell the younger one
of the exors having renounced
now resides at a distance from us, and by reason thereof, cannot without great Expence come to our Prerogative Court of YORK, for the Purposes herein after-mentioned. We therefore in Aid of Law (Justice so requiring) do authorize and empower you jointly or severally to Administer the Oath below, to the said Executor and further to do in the Premises as shall be needful; requesting that (such Oath being administered) you duly transmit to us or our lawful Surrogate, the said Will and the whole Proceedings thereon subscribed with the proper Hand or Hands of one or more of you, immediately after the Execution hereof, together with these Present, so that Justice may be administered in the Premises. Given at YORK, this twentieth Day of February in the Year of our Lord, One Thousand Eight Hundred and Thirty nine //
Extracted by Geo Lawton, Proctor, York Joseph Buckle, Deputy Register
The Form of the Oath to the Executor laying his Hand on the Bible or New Testament
Your Oath is, that the Writing hereunto annexed, contains the true last Will and Testament of the above-mentioned
Mark Barker deceased
as far as you know or believe, and that you will truly perform the same, by paying first his Debts, and then the Legacies therein contained, as far as his Goods, Chattels, and Credits will thereto extend and the Law charge you; and that you will make a true and perfect Inventory of all the said Goods, Chattels, and Credits, and exhibit the same into the Registry of the Prerogative Court of YORK, at the Time assigned you by the said Court, and render a just Account thereof when lawfully required that the Whole of the Goods, Chattels, and Credits, of the said Deceased, (within the Province of YORK,) do not amount to the Sum of Four thousand Pounds, and that the Contents of the Affidavit hereto annexed to which you have subscribed your Name were and are true.//
So help you GOD.
William Pasman
Notes
- he left a very large amount of gross personalty: under £4000.
- perhaps the vicar felt aggrieved that Mark Barker did not donate more to the school and church, and it is Barker that he has in mind when he rails against the lack of generosity of local landowners. Possibly the Barkers were Nonconformists. They may have been Catholics; Edward Meynell, named as executor, was baptised a Catholic. None of the Barker/Passman family acted as churchwarden, but Henry Passman married Dorothy Boyes in the Hutton Rudby church in 1868.
- the Will gives no details of the property Barker owned
- it makes careful provision for Sarah Passman and her son Mark Barker Passman – he is assumed to be Mark Barker’s illegitimate son
- Mark Barker had a nephew, Mark Pattison, who was a shoemaker in Sunderland, and a niece Ellen Oates, whose husband was a mariner, also living in Sunderland. He left them £50 each, and £30 to Ellen’s daughter.
- his executors must have found themselves responsible for one of the largest estates in the area, not left by gentry. The weaver Edward Meynell the younger renounced probate; William Passman farmer of Carlton acted.
The Tithe Map shows that Mark Barker owned:
25 & 26 Houses Yard & Outbuildings & Garden: occ Wm Meynell and others
210, 215, 216 Public House and garden, garden, garth: occ Edward Meynell
502, 601-20, 625 farm occupied by James Longstaff (108a 13p)
25 & 26 are Barkers Row. 210 etc are the Carpenters Arms at the top of the Wynd
Sarah Passman, Mark Barker Passman & Henry Passman
Sarah Passman was b Busby c1786; she was unmarried. Henry Gowdy Passman was her son by Henry Goldsborough.
1841 Census: Manor House Farm, Hutton Rudby
Henry Passman 27 farmer, with Ann Harper 25 & John Richardson 26 servants
1851 Census: Manor House Farm, Hutton Rudby
Henry Passman 38 farmer 108 acres emp 2 labs, b Carlton, with his mother Sarah Passman (“widow”) 65 housekeeper b Busby, and half-brother Mark Barker Passman 24 landowner b Great Ayton; servants William Nattrass 20 and Ann Robson 20
15 Nov 1858: Mark Barker Passman died a32 and was buried at Stokesley [Stokesley Selection by Alec Wright & John Mawer]
17 …ember 1858: Sarah Passman died and was buried at Stokesley [Stokesley Selection]
1860: Henry Passman married Mary Ann Thompson
1861 Census: Manor House Farm, Hutton Rudby
Henry Passman 48 farmer 108 acres b Carlton, wife Mary Ann 44 b Stokesley; with William Nattrass 29 b Ayton and Jane Flounders 15 servants; and visitors Hannah Bruce (M) 42 dressmaker b Stokesley and Robert Bruce (M) 43 sailor b South Shields
15 Oct 1863: Mary Ann Passman died a46 and was buried at Stokesley “Dear Parents do not weep / Submit to God’s decree / And be prepared for death / You soon will follow me” [Stokesley Selection]
9 Jan 1868: Henry Passman married Dorothy Boyes 44, daughter of Scarth Boyes [cf the poem written to Henry Passman by the Hutton Rudby doctor Edwin J Wilson, cf p54 Letters from a Miller’s daughter by J Beryl Turner]
1872 Post Office Directory, Hutton Rudby: Henry Passman Esq is lord of the manor
1881 Census: North Side, Hutton Rudby
Henry Passman 68 retired farmer b Carlton and wife Dorothy 68 b Normanby
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