Ancient Documents - Wills

Adam Hindley (??-1663)

WILL OF ADAM HINDLEY OF BEDFORD 1663
In the name of God, Amen, the 16th day of July Anno Domini 1663, I, Adam Hindley, freeholder of Bedford in the Parish of Leigh in the County of Lancashire , Blacksmith, being at this time visited with sickness but having ordinary understanding and memory praise God therefore, and well knowing that death is certain and the time thereof not known to man, and to the intent and purpose that peace which I have ever wished to be amongst all men in Christ may hereafter be and remain amongst my children touching the disposition of that my worldly estate which God of his gracious providence hath lent me do, therefore, constitute, ordain and make this my last will and testament in manner and form following. And first and principally I commit my soul and spirit into the hands of Almighty God trusting assuredly in and through the only merit of my maker and redeemer, Jesus Christ and for that he hath loved and suffered for me to be made partaker of the everlasting life. And for my body I commit to the earth my desire being that the same may be buried in my Parish Church of Leigh at the discretion of my Executors. And I do annul and make void all former wills and testaments by me made. And hereby proceed to express my mind touching my temporal estate. And therefore whereas I the said Adam Hindley freeholder do stand lawfully possessed and in possession of my messuage and tenement with th’appurtenances which I honestly lease from Thomas Worsley of Hovingham in the County of York esquire for the term of the natural lives of me, my sons Adam and Matthias Hindley it is my will and mind and I do hereby give, grant, assign, devise and bequeath the said messuage and tenement with th’appurtenances from and immediately after my decease unto my son Adam Hindley the heirs and assigns of him my said son Adam Hindley during the remainder of my estate therein according to the said indenture or lease, upon condition that my said son Adam will and timely pay or cause to be paid unto John Sorocold of Lowton in the said in the said County of Lancashire, Gentleman, his executors or administrators four yearly payment of £8 a year due yearly upon the 17th day of February according to certain covenants made by me to him the said John Sorocold , and if it shall happen that my said son Adam shall refuse to pay and discharge the said four yearly payments of £8 a year it is my will and mind that my said messuage and tenement shall after my decease be yearly set to the best profit and benefit towards the paying and discharging of the said 4 yearly payment at the discretion of my executors hereafter named, until the said 4 payments be well and truly paid. And further after whereas I the said Adam Hindley freeholder did heretofore purchase a parcel or close of land in Astley in the said County, commonly called Shuttleworth’s land containing 2 acres or thereabouts which formerly did belong to Richard Shuttleworth late of Bedford aforesaid, Gentleman, deceased with a clause of redemption for the heir of the said Richard Shuttleworth when he shall accomplish the age of 21 years or within 6 months next after and shall pay unto me the said Adam Hindley freeholder my heirs and assigns the sum of £36.1s.8d of lawful English money. But in default of payment in manner and form aforesaid I do hereby nominate and appoint my executors hereinafter named to tender and pay unto the heir of the said Richard Shuttleworth the sum of 20 shillings within 6 months after he shall accomplish the said age of 21 years for the confirmation of the sale of the said land under his hand and seal. It is my will and mind that if redemption be made by the heir of the said Richard Shuttleworth that then in such case the said sum of £36.1s.8d shall be employed towards the paying and discharging of all such other debts as shall stand engaged or indebted in at the time of my decease and in case the said £36.1s.8d shall not be sufficient to discharge and pay the same it is my will and mind that what shall be wanting shall be taken out of my goods and personal estate making up the discharging of my said other debts and if there shall be an surplus from the said £36.1s.8d formerly reserved for the paying of my other debts it shall be added to my personal estate to be disposed of as I shall hereafter express and declare in this my said last will and testament. But if it shall happen that no redemption shall be made by the heir of the said Richard Shuttleworth of the said close or parcel of land aforesaid it is my will and mind and I do hereby give grant devise and bequeath the said close of land called Shuttleworth’s land unto my said son Adam Hindley for and upon condition that the fines and benefits of the said close or parcel of land shall be yearly employed for the preferment and bringing up of my daughter Lydia from and immediately after my decease for and during the term of five whole years to all jointly and benefit ….. whatsoever And that my said son Adam his heirs executors or administrators shall well and kindly pay or cause to be paid at the end of the said term of five years next after my decease unto my sons and daughters namely Matthias Hindley, Jeremiah Hindley, Elizabeth Hindley and the said Lydia Hindley the sum of £40 of lawful English money to be equally divided amongst them or such of them as shall be then living. And if my said son Adam shall refuse or neglect to pay the said sum of £40 unto my said sons and daughters in manner and form aforesaid then it is my will and mind and I do hereby give grant assign devise and bequeath the said close or parcel of land with its appurtenances from and immediately after the th’end of 3 months next after the said term of 5 years next after my decease unto my said sons and daughters Matthias Hindley, Jeremiah Hindley, Elizabeth Hindley and Lydia Hindley and to their heirs and assigns for ever to benefit sell and dispose of the same to their and unto their best benefit and advantage and to be equally divided amongst them or such of them as shall be then living. And as concerning my personal estate goods assets and chattels it is my mind and will and I do give devise and bequeath unto my son Adam the great Swine trough standing at the back of my North door with my dishboards and my heir looms and five shillings in money. Then it is my will and mind that if no redemption be made of the said close or parcel of land by the heir of the said Richard Shuttleworth in manner and form aforesaid and as formerly expressed in this my said last will and testament and no payment made of the £36.1s.6d for the paying and discharging of my said other debts which I shall owe at the time of my decease besides the said 4 payments of £8 a year which I have hereby charged my son Adam to pay out of my messuage and tenement it is my mind and will that my funeral expenses and all other my said debts be paid and discharged out of my said goods, assets and chattels and personal estate then it is my will and mind that if my goods and chattels will so far extend after my said funeral expenses and all other my debts be paid to give and bequeath unto my son John forty shillings and to my son George £5 and to my daughter Katherine now wife of Thomas Kinsley £5 and lastly it is my will and mind and I do hereby give and bequeath all the rest residue and remainder of my said goods, cattle and chattels if any such remainder shall be unto my son Jeremiah Hindley and Lydia Hindley to be divided betwixt them. And of this my said last will and testament I do hereby constitute ordain make and appoint my said son Adam Hindley and my brother in law Giles Marsh of Tyldesley in the said County, Husbandman to execute and perform the same as my trust is in them before all others. And I do earnestly desire and entreat my loving kinsman Thomas Parkinson of Astley in the said County, Chapman, to be overseer of the same to see this my last will and testament performed accordingly. And in witness whereof I the said, Adam Hindley, freeholder have hereunto set may hand and seal the day and year first above when written and do desire to lie down in peace with the Lord.

ADAM HINDLEY

John Hindley (-1723)

WILLOF JOHN HINDLEY OF ASTLEY 1723
In the name of God, Amen. I, John Hindley of Astley in the County of Lancashire , husbandman, being in good health of body and perfect in mind, memory and understanding, praise be therefore given to Almighty God for the same, yet contriving my body to decay and th’estate thereof to wax more infirm than formerly and seeing divers die that are younger and stronger than I am , yet knowing well that death is certain and the time thereof most uncertain do therefore constitute, ordain and make this my last will and testament in manner and form following (that is to say) first and principally I commend my soul into the hands of Almighty God my creator and maker hoping through the only merits, death and passion of Jesus Christ my alone saviour and redeemer to obtain free pardon of all my sins and to be made partaker of eternal life and happiness. My body I commit to earth to be decently interred at the discretion of my executors hereinafter named. And as for and concerning all such temporal estate wherewith it has pleased God to endow me with I dispose thereof as followeth, and as for and concerning all my goods, chattels and personal estate whatsoever in whose hands, custody or possession the same shall remain and be in at the time of my decease my mind and will is the same shall be disposed of for and towards the payment and satisfaction of all my just debts, that I shall owe to any person or persons at the time of my decease, (excepting two standing bedsteads, the one of them standing in the chamber over the fire house at the messuage at the Moss side in Astley and the other standing in the messuage of the parlour in the Town House in Astley aforesaid, which bedsteads and curtains of I give and bequeath unto my Grandson, John Markland), together with my funeral charges and probate of this my last will and testament and other charges. But if it shall so happen that my said goods, chattels and personal estate shall not extend to satisfy and pay my said just debts, legacies and funeral charges and other charges as aforesaid then it is my will and mind that my executors hereinafter named from and after my decease shall have, hold and occupy and enjoy all those my two messuages, tenements and hereditaments and premises with their and every their appurtenances situate lying and being in Astley aforesaid (which I had by lease) the one of them I hold from Thomas Mort of Damhouse in Tyldesley in the County of Lancashire Esquire, and the other by lease made by Thomas Gillybrand the Younger in Astley aforesaid Gent, and the fines and profits thereof to receive and take until such time as satisfaction and payment shall be made of all my said just debts, legacies, funeral charges and other charges as aforesaid out of the same. And then from and after the payment of my said just debts, legacies, funeral charges and other charges aforesaid my mind and will is and I do hereby give, devise and bequeath the aforesaid two messuages, tenements, buildings, land and hereditaments and premises with their and every of their appurtenances together with all my estate right, tythe interest, term claim and demand whatsoever unto John Markland, my Grandson, nevertheless charged and chargeable and subject and liable with the annual and yearly payment of four pounds of lawful money of Gt. Britain unto Esther Markland, my only daughter and now wife of Farmer Heywood and mother of him the said John Markland, my Grandson, for and during the term of her natural life, at and upon every nine and twentieth day of September and upon every second day of February yearly by even and equal portions without any mar or deduction or abatement for or by reason of any lay or taxes or other impositions whatsoever. And also charged and chargeable and subject and liable with the true and faithful payment of the full and just amount of seventy pounds of good and lawful money of Gt Britain unto Elizabeth Markland, Esther Markland and Alice Markland his sisters and my Grandchildren, and the same to be equally divided amongst them as they shall severally attain unto the age of one and twenty years or happen to marry, but if it shall so happen that any of his said sisters and my Grandchildren shall die and depart this life before they shall attain unto the said age of one and twenty years or be married as aforesaid then her part or share so dying shall be equally divided betwixt them that are then living. And whereas I now stand lawfully seized possessed and entitled to me and my heirs forever of in and unto of one messuage, buildings, land, hereditaments and premises with their and every of their appurtenances whatsoever situate lying and being at the Moss in Astley aforesaid my mind and will is and I do hereby devise and bequeath the said messuage, buildings, lands and hereditaments and premises with their and every other p and possessed f their appurtenances whatsoever unto my Grandson John Markland and his heirs for ever when he shall have attained unto the age of one and twenty years. Nevertheless charged and chargeable and subject and liable to such charges provises conditions limitations and payments and and here above mentioned expressed and declared (that is to say) that my executors hereinafter named shall stand seized possessed and undertake the yearly fines and …. Of the last mentioned messuages buildings land hereditaments and premises with their and every of their appurtenances until such time as the said John Markland my Grandson shall have attained unto the age of one and twenty years as aforesaid, out of which said yearly fines and profits so had and retrieved by my executors hereinafter named shall be yearly paid and given unto Esther Markland and Alice Markland the full and just sum of £3 of good and lawful money of Gt. Britain yearly for and towards their maintenance and bringing up until they shall severally have attained ye age of 18 years and not longer. Esther Markland was born the 24th Day of June 1705, Alice Markland was born the 8th. Day of August 1708. And further my mind and will is that my said Grandson John Markland shall stand charged and chargeable and subject and liable unto and with the true and faithful payment of the full and just sum of £30 of good and lawful money of Gt Britain unto Elizabeth Markland, Esther Markland and Alice Markland his sisters and my Grandchildren within the space of 12 months after he shall attain unto the age of one and twenty years. John Markland was born ye 4th of September 1702, and the sum to be equally divided amongst them but if it shall so happen that any of his said sisters and my Grandchildren shall die and depart this life before they shall attain unto ye age of one and twenty years and not married her part and share so dying shall be equally divided betwixt them that are then living. And further that if it shall so happen that my said goods, chattels and personal estate shall extend over and above the payment of my just debts and other charges as aforesaid then my mind and will is, and I do hereby give and devise and bequeath the surplus and remainder ( if any such there be) unto Elizabeth Markland, Esther Markland and Alice Markland my said Grandchildren to be equally divided amongst them share and share alike. Item I give and bequeath unto John Heyward my son-in-law one shilling in full and of all legacies and child parts portions and bequests whatsoever. And lastly I give devise and bequeath unto my Grandson John Markland all my apparel both woollen and linen. And of this my last will and testament I constitute, ordain, make and appoint Jonathan Manley of Astley in the County of Lancashire Chapman, and Thomas Guest of Astley aforesaid Husbandman executors of this my last will and testament hoping that they will faithfully execute and perform the same and my trust is in them reposed before all others, herein allowing my said executors honest and reasonable charges out of my said goods, chattels personal and real estate for their pains and trouble, hereby revoking and making void all former and other will and testaments heretofore made by me at any time whatsoever, and so desire to lie down in peace with my Lord. In witness whereof I the testator John Hindley have hereunto put my hand and seal the 17th Day of October year of the reign of George 2 of Gt Britain, France and Scotland , defender of the faith, … 1719
(signed) JOHN HINDLEY
(seal)
Signed sealed published and declared by the Testator to be his last will and testament in our Presence and in the presence of the said testator Attested and signed by us:
JOHN HILLBOROUGH GEORGE PARWELL JOHN CHADDOCK
8TH November 1723
Jonathan Manley
Thomas Guest executors
Vowed faithfully etc. P Gaskell

Thomas Strange of Bedford 1745

This is the last will and testament of me, Thomas Strange of Bedford in the County of Lancashire, First I will that all my just debts, funeral expenses, probate of this my will and charges my executors shall be at shall be paid. Also I do hereby give and bequeath unto Mary my beloved wife the annual sum of £4 to be paid out of the messuage and tenement where I now live on the first day of May, 1st Aug, 1st Nov, and 1st Feb by equal portions without any deduction or abatement whatever thereon. The 1st payment thereof to be made on such of the said days as shall first happen after my death and to continue during the term of her natural life if the lease thereof so long continue with power of distress in case of non payment. I also give to Mary my said wife the dwelling house in the Barn End and the little garden. I likewise give to the said Mary my wife my best bed and bedding and such other goods as shall be necessary for her to use provided that if Mary my said wife shall marry again then the annuity of £4 a year herein before mentioned to be given to her shall cease and be void, and in such case she shall only receive and have forty shillings yearly paid to her at the times aforesaid, which said legacies shall be in full of what she can claim out of my real and personal estates. Also if my son Thomas die unmarried and without issue I further give to my said wife all my household goods. Also I give to George Hindley my son in law one shilling. I likewise give to Mary Hindley my granddaughter three pounds six shillings and eight pence to be paid to her when shall have attained to the age of twenty one years. To Ann Hindley my granddaughter three pounds six shillings and eight pence to be paid to her when she shall have attained the age of twenty one years. And to William Hindley my Grandson three pounds six shillings and eight pence to be paid to him when he shall have attained the age of twenty one years. I also charge the same legacies to be paid out of the messuage and tenement where I now live. I also give and bequeath unto Thomas Strange my son, his executors, administrators and assigns all the residue and remainder of my real and personal estates. And lastly I do hereby name and appoint the said Mary my wife and Thomas Strange my son executors of this my last will and testament. In witness whereof I have hereunto set my hand and seal fifteenth day of November in the year of our Lord one thousand seven hundred and forty four.
Sealed signed and declared by the testator to be his last will and testament in presence of us whose names are subscribed as witnesses in presence of the testator.
Richard Battersby Thomas Strange
John Strange (his mark)
Wm Boydell
17 May 1745
Mary Strange widow of Thomas Strange
Executors above named were duly sworn before me Per Gaywell

George Hindley of Astley 1756

In the name of God, Amen. I, George Hindley of Astley in the County of Lancaster, Blacksmith, being weak in body but of sound and disposing mind, memory and understanding (thanks be to Almighty God for the same) do for the settling of my temporal concerns make this my last will and testament as follows. And first I do hereby give and bequeath unto my Executors hereafter named all my personal estate of what nature or kind so ever (except my Tenement hereafter mentioned) upon trust nevertheless that they my said Executors or the survivor of them do and shall with what convenient speed may be after my decease make sale of all my stock in trade and other utensils and thins which are in my smithy and call in all such debts as shall be owing to me at the time of my decease and by with and out of the moneys arriving thereby to pay all my just debts funeral expenses and the charges of the probate of this my will, if the same will reach but if the sum shall happen to fall short then I will that my said executors or the survivor of them do and shall sell such of my other personal property as they shall think proper to pay the remainder. And upon this further trust that they my said executors or the survivor of them do and shall permit my loving wife Elizabeth to have and enjoy the remaining part of my household goods during as much of her natural life as she shall continue unmarried but if she happen to marry again then I will that the same shall be sold by my executors and the money raised thereby to remain and be to and for the use of all my children to be divided equally amongst them share and share alike and to be paid them when and as they shall severally attain their respective ages of twenty one years and the interest thereof in the meantime to be applied to the maintenance and bringing up of my children in such manner as my executors or the survivor of them shall think proper.
Item I give and devise unto my said wife Elizabeth all that part of my Tenement situate and being at the Barn and now in the possession of Jeremy Bromilow together with the garden for and during the term of her natural life (if the lives in the lease thereof or any of them shall so long live).
Item I give and devise unto my Executors hereafter named all that my messuage tenement and premises in Bedford in the said County called and known by the name of Whitecroft and the remaining part of all that messuage tenement and premises which I hold by leave under Mr Sutton and wherein I now live for and during and until such time as my youngest child shall attain the age of fourteen years, upon trust nevertheless that they my said executors or the survivor of them and the executors or administrators of such survivor do and shall yearly and every year set, let and manage the said premises in the best manner and for the most money they can and receive the rents fines and profits thereof and the moneys arising thereby do and shall pay and apply the same unto the maintenance and support of my said wife and my children in such manner as my executors or the survivor of them and his heirs shall in his or their discretion think proper. And as soon as my youngest child shall happen to attain the age of fourteen years then I do hereby give and devise the said messuage tenement and premises called Whitecroft unto my oldest son William Hindley his heirs and assigns for ever. And as soon as my said youngest child shall attain the age of fourteen years then I do hereby also give and devise the remaining part of my said tenement wherein I now live (as well as that part herein before given to my said wife after the death of my said wife) unto my said son William his heirs and assigns for and during my term and interest therein charged and chargeable nevertheless and I do hereby charge the said messuage tenement and premises called Whitecrof and my said tenement not only with the payment of one yearly rent charge annuity or sum of twenty shillings unto my said wife Elizabeth during so much of her natural life as she shall continue my widow and unmarried but if she shall marry again the same to cease, the same to be payable to her half yearly upon every twenty ninth day of September and twenty fifth day of March by equal portions the first payment thereof to begin and be made upon such of the said days which shall first and next happen after my said youngest child shall attain the age of fourteen years, with a power for her to distrain for the same on non payment any time, but also with the sum of eighty pounds of lawful money unto my executors to and for the use and trust hereafter mentioned that is to say my will and mind is and I do hereby order and direct that the said sum of eighty pounds shall me paid to my said executors within three months after his (my said son William's) entering into possession of the said messuages tenements and premises and as soon as the same shall be paid into the hands of my said executors I will and devise that the same may be placed out at interest by my said executors upon the best security they can get for the same and the yearly interest thereof to be appointed to the maintenance and bringing up of such of my children as shall be under age and living with my said wife.
And whereas my two daughters Mary and Ann are entitled under the will of their Grandfather Strange to receive the sum of three pounds six shillings and eight pence apiece when and as they shall attain their age of twenty one years and I being willing and desirous to make an equal provision for my younger children as far as in me lies I do therefore order and direct that my executors or the survivor of them and his heirs do and shall pay unto my other children Adam, Eve, Ellen, George, John and Abraham the sum of three pounds six shillings and eight pence apiece out of the said sum of eighty pounds and to be paid this respectively when and as they shall severally attain the age of twenty one years. And when my youngest child shall attain his age of twenty one years then I do hereby give and bequeath the remaining part of the said eighty pounds unto and amongst such of my younger children as shall then be living to be divided equally amongst them share and share alike.
And if any of my said younger children shall happen to be dead at that time but shall have left issue then I will that such issue shall be entitled to his or her father or mother's share of the remaining part of the said eighty pounds. And my will is that if my said son William shall happen to die without issue before he shall be entitled to or in the possession of the said several estates then I do hereby give and devise the same several estates unto my son Adam Hindley his heirs and assigns for the same terms and interests upon the same conditions and charged and chargeable with the same money as his said brother William had he lived.
And my will and mind is also that after my said executors shall have fully satisfied and paid all my just debts and funeral expenses the charges of the probate for this my will and all their charges and expenses (which I do hereby order shall always be paid out of my effects) that they my said executors do and shall take an inventory of what effects shall then be left in order to see that my said wife shall not waste or destroy any part thereof (casualties always excepted) and all the rest residue and remainder of my estate or effects of what nature or kind so ever I do hereby give devise and bequeath the same unto my said executors to and for the use of my younger children share and share alike and I do hereby constitute nominate and appoint my friends Thomas Farnworth of Astley and Giles Broadway of Bedford aforesaid executors of this my will hoping they will see the same duly performed as my trust in them is reposed.
And lastly I do hereby revoke and make void all former or other will or wills by me at any time heretofore made, In witness whereof I the said George Hindley the Testator have hereunto set my had and seal this thirtieth day of April in the year of our Lord 1756.
GEORGE HINDLEY

Sealed signed and published and declared by the said George Hindley the Testator for and his last Will and Testament in the presence of us who have here set and subscribed our names as witnesses attest the execution hereof in his sight and presence.
ROBERT MOSS, A BRADLEY, BRADLEY

CODICIL 3rd.FEBRUARY 1757

Whereas I George Hindley on Astley in the County of Lancaster Blacksmith have made my last will and testament in writing bearing date the thirtieth day of April last whereby amongst other things I gave and bequeathed unto my executors therein named all my personal estate upon trust that they or the survivor of them do and shall with what convenient speed may be after my decease make sale of all my stock in trade and other utensils and things which are now in my smithy for the purposes therein mentioned now I do by this my writing (which I declare to be a codicil to my said will and direct to be taken as part thereof) will and direct that my executors Thomas Farnworth and Giles Boardman therein named do and shall keep part of my stock in trade and other utensils and things in my smithy and keep or hire a man to work in my said smithy so long as they my said executors or the survivor of them or his heirs shall think it will turn out to the advantage of my children. And I do also by this codicil will and direct that in case my sons William Hindley and Adam Hindley shall both die unmarried and shall leave no child or children lawfully begotten then I will and direct and do hereby give all that my messuage and tenement in Bedford in the said County called and known by the name Whitecroft unto my son George Hindley his heirs and assigns charged and chargeable with my wife's annuity or rent charge in the same manner as his said brother William is charged by my said will. And also charged and chargeable with the sum of fifty pounds instead of the sum of eighty pounds to be paid by my executors for the same uses and trusts as the said eighty pounds is therein mentioned to be for. And in case my said son George shall happen to die unmarried and without lawful issue then I do hereby give and bequeath my said messuage and tenement called Whitecroft unto my son John Hindley his heirs and assigns for ever upon the same conditions and charged and chargeable with the same money as his said brother George had he lived and been entitled to the said premises as aforesaid. And I do hereby ratify and confirm my said will and all the gifts devises bequests matters and things therein contained and not hereby altered and revoked.
In witness whereof I the said George Hindley the Testator have hereunto set my hand and seal this third day of February in the year of our Lord one thousand seven hundred and fifty seven.
GEORGE HINDLEY

Signed sealed and published by the said George Hindley as and for a Codicil to be added and to be part of his last will and testament in the presence of us who have subscribed our names as witnesses to attest the execution hereof in his sight and presence....
JOHN GUEST, WILLIAM GUEST, JEFFERY LYTHGOE

John Leah (-1787)

This is the last will and testament of me John Leah of Antrobus in the county of Chester, yeoman, made and published the twenty fifth day of August in the year of our lord one thousand seven hundred and eighty seven in the manner following, that is to say, I order and direct that all my just debts (save the sum one hundred and twenty pounds hereinafter mentioned) my funeral expenses and the charge of the probate hereof to be paid and discharged from and out of my personnel estate and effects immediately after my decease. I give and devise unto my wife's half brother James Chadwick of Moss Side near Manchester and my friend John Mairs of Great Budworth in the said county of Chester, schoolmaster, and their heirs all that my messuage or dwelling house with outbuildings and garden crofts and appurtenances thereto belonging situate and being in Antrobus aforesaid now in my possession. And also my messuage and tenement with the lands and hereditaments thereto belonging in Antrobus aforesaid now in the possession of George Hindley as tenant thereof. And all my personal estate and effects. To hold the same unto the said James Chadwick and John Mairs their heirs executors administrators and assigns upon the trusts and to and for the intents and purposes hereinafter mentioned, that is to say, upon trust and to the intent and purpose that they the said James Chadwick and John Mairs and the survivor of them his heirs executors administrators and assigns shall and do permit and suffer my loving wife Mary Leah to hold and enjoy or to receive the rent issues and profits of the said premises and permit and suffer her to have the the use and enjoyment of my personal estate and effects for and during the term of her natural life, who shall appoint so much of such rents and the interest of my personal estate as shall be necessary for the maintenance and support of my daughter Martha until she shall arrive at the age of twenty four years and of my son Samuel until he shall attain the age of twenty one years and from and after her decease upon trust to stand seized of the said messuage or dwelling house outbuildings garden crofts and appurtenances now in my possession and convey the same unto and to the use of my said son Samuel Leah his heirs and assigns for ever. And upon trust that they the said James Chadwick and John Mairs and the survivor of them his heirs and assigns as soon as conveniently may be after the decease of my said wife shall and do make sale and absolutely dispose of the said messuage and tenement lands and hereditaments now in the possession of George Hindley either by public auction or private contract for the best price and prices and most money that can or may be had or gotten for the same and convert my said personal estate and effects into money. And upon trust that they the said James Chadwick and John Mairs and the survivor of them his heirs executors administrators and assigns shall and do out of the money to be raised as aforesaid in the first place pay and satisfy and discharge all such costs charges and expenses as the said trustees or survivor of them and his heirs executors administrators or assigns shall pay bear expend or be put into on account of such sale or in execution of the trusts aforesaid. and then upon trust to pay and apply the remainder of the money to be raised as aforesaid unto and amongst my five children John, James, Samuel, Elizabeth and Martha Leah and the issue of such of them as may happen to be then dead (such issue to take no greater share that the parent or parents of of such issue could if living then taken) to be equally divided amongst them, have and have alike and to or for no other use trust intent or purpose whatsoever. I give and devise unto my executors hereinafter named their heirs and assigns all and every my real estate situate and being in Sutton near Macclesfield and in Macclesfield in the said county of Chester with the appurtenances to hold the same unto my said executors their heirs and assigns upon the trusts and to and for the intents and purposes hereinafter mentioned of and concerning the same, that is to say, as to and for and concerning all that messuage or dwelling house with its appurtenances in Sutton aforesaid commonly called or known by the name of the Blue Bell with the croft enclosed from Macclesfield Moss and the Moss Rooms there now in the possession of William Done (subject to an allowance of six loads of turf early from the Moss Rooms which I give and devise unto my son James and his heirs for ever) In trust that my said executors or the survivors or survivor of them his heirs or assigns shall and do receive and take the rents issues and profits of the said premises until thereby or therewith they shall have received the sum of sixty pounds to be said and applied as hereinafter mentioned And upon trust that they my said executors or the survivors or survivor of them his heirs or assigns shall and do within the space of five years next after the raising  and payment of the said sum of sixty pounds as aforesaid by mortgage or or sale of the said premises or any part thereof or by such other ways or means as they shall think fit levy and raise the sum of one hundred pounds and pay the same unto my daughter Betty Leah to whom I give and bequeath the same accordingly, and subject to the payment of the said several sums of sixty pounds and one hundred pounds and the remedies herein before declared for raising the same in trust to hand seized of the said last mentioned premises and convey the same unto and to the use of my son John Leah his heirs and assigns for ever. And as to for and concerning all those two messuages or dwelling house with the appurtenances situate in the Wallgate in Macclesfield aforesaid now in the possession of Sampson Rowe and John Allen and a dwelling house or shop being part of a building formerly known by the sign of the Cock situate in the market place in Macclesfield aforesaid now in the possession of Bridget Heyes with the appurtenances in trust that they my said executors of the survivors or survivor of them and his heirs or assigns shall and do receive and take the rents issues and profits of the said last mentioned premises until hereby or herewith they shall have received the like sum of sixty pounds to be paid and applied as hereinafter mentioned. And upon trust that my said executor or the survivors  or survivor of them his heirs or assigns shall and do by mortgage or sale of the said last mentioned premises or any part thereof or by such other ways or means as they shall think fit levy and raise the sum of one hundred pounds and pay the same unto to my daughter Martha Leah on her attaining the age of twenty four years but without any interest for the same in the mean time, in case  she shall be then living, but if she shall happen to die before she attains that age without issue then upon trust to pay and apply the said last mentioned sum of one hundred pounds unto and amongst all my other children who shall then be living and the issue of such of them as shall be then dead (such issue to take no greater share than the parent or parents of such issue could if living have taken) to be equally divided amongst them share and share alike, and subject to the payment of the said last mentioned sums of sixty pounds and one hundred pounds and the means and remedies hereinafter declared for raising the same. In trust that my sais executors and the survivors or survivor of them or his heirs and assigns for ever, and to or for no other trust interest or purpose whatsoever. And all the residue and remainder of my real estate whatsoever and where so ever (not have before disposed of) I give and devise unto and amongst my said sons John, James, and Samuel and to my two daughters Betty and Martha Leah as tenants in common and not as joint tenants and to their several heirs and assigns for ever. And I do hereby declare my will and mind to be that when and so soon as my said executors or the survivors or survivor of them his heir or assigns shall have raised the said two several sums of sixty pounds and sixty pounds as there in before mentioned the same shall be paid and applied by them towards discharge of the sum of one hundred and twenty pounds now owing on mortgage of the dwelling house lands and premises hereinbefore mentioned to be in my possession, the interest for which money in the mean time I direct shall be paid out of the rents of the said dwelling house and lands in Antrobus ???? and devise to my son Samuel. and I do hereby declare my will and mind to be that when any person or persons shall become a purchaser or purchasers mortgagee or mortgagees of all or part of my said real estate hereinbefore directed to be sold or mortgaged, the receipt or receipts of my said executors survivors or survivor of them his heirs or assign shall be a good and sufficient discharge unto such purchaser or purchasers mortgagee or mortgagees for such purchase or mortgage money and that from and after such receipt or receipts shall be given such purchaser or purchasers mortgagee or mortgagees shall not be concerned to see to the application of such money nor liable to answer for the misapplication or non application thereof bu shall be wholly discharged there from, and I do direct that my executors shall not be accountable for any more of my estate and effects than shall actually come to their respective hands nor shall they be answerable for one another but each of them for herself and himself her and his own heirs executors administrators acts and deeds only nor shall they severally be liable to make good any loss or damage which may happen in the execution of the trusts herein contained without their respective wilful default, but that  they may deduct and retain from and out of the money to come to their hands by virtue hereof all such costs charges and expenses as they shall sustain or be put unto the execution of the said trusts. And lastly revoking all former wills by me made I do publish and declare this to be my last will and testament and thereof do nominate and appoint my said loving wife Mary Leah and the said James Chadwick and John Mairs executors hoping they will see the same duly performed as my trust is in them reposed.

In witness whereof I the said John Leah the testator have here unto set and put my hand and seal the day and year first within written - John Leah his mark and seal.

Signed sealed published and declared by the said testator John Leah in the presence of us who hereunto subscribe our names as witnesses to attest the same in the sight and presence of the said testator and of each other -   Wm Crondson, Highfield, in Penketh.

John Milner (-1629)

In the name of God Amen. The 11th day of April in the fifth year of our sovereign lord Charles by the grace of God king of England and Scotland. ... of the faith and I John Mylner of Woodhouses being of weak in body but of good comfort ... thanks be given to God. ... my last will and testament in form following. ... I submit my body to almighty God my maker and redeemer ... my body to be buried ... tenement unto my wife Ellen from the day of my death for the ... of fourteen years ... my sister Margaret forty pounds ... my daughter Mary ... to my daughter Sarah to be paid years after my decease ... to my sonne John ... Ellen my executor ...

An inventory taken of the goods and chattels of John Milner

Ellen Milner (-1630)

 

Daniel Milner (-1717)

Dated 1710 - In the name of God Amen. I Daniel Millner of Woodhouses within the Lordship of Frodsham in the County of Chester yeoman being aged but of sound and disposing mind and memory (praise be almighty God for this same) I do make & ordain this my last will and testament in manner and form following, first I commend my soul into the hands of almighty God my creator hoping through the mouth of my aforesaid saviour Jesus Christ to obtain remission of all my sins & eternal life and my body I comitt to the earth to be interred at the discretion of my executors herein after named and it is my will & desire that all my just debts and my funeral charges and ... the Legacy herein after given shall be honourably paid & discharged in the first place and whereof the sum of fifty pounds ought to be payed to imburse my executors at my death by my son Daniel Millner (in ... of ... agreement made between me & him) now in case my son John Millner ... the Lease of the messuage and tenement with appurtenances fro the life of one of the daughters of my son John & the life of one of his my son Daniel's own children & for such other life as he shall think fit & that to my son Daniel ... shall immediately upon the ... of such new Lease ... and assign one full mayely? or halfe of all the said messuage & tenement Lands & premises with the appurtenances unto & upon & to & for the use & behess of ... daughter of my said son John (whole life my said son Daniel shall put into the lease and aforesaid) for & during the term of her natural life and in such case I now hereby assign devise & give unto him my said son Daniel all my tenant right ... & ... in & to all those messuage tenement & premises & due ...Release acquit & discharge him of & from the said fifty pounds & every ... thereof; also I give and bequeath unto my said son John Millner his heirs and assigns all my money ready by me and money out at interest or in the hands of any ... sons whomsoever; and I give loan & bequeath unto my two loving grand children Elizabeth & Margaret daughters of my said son John Millner & their assignes all other my goods rights ... chattells & personal effects whatsoever & wheresoever & of what nature of kind so ever, especially to be divided between them share & share alike after & subject to the payment of my debts & funeral expenses and I do hereby nominate ordain and appoint my loving brother in law Samuel Waine of ... & my loving Kinsman Robert Witton of Netherton executors of this my last will & testament hopeing they will faithfully perform the same & lastly I do revoke and make void all former & other will & wills & testament by me in any ... made in ... whereof I have ... set my hand & seal this ninth day of February in the year of our Lord one thousand seven hundred & ten.

Signed sealed and published by the said Daniel Millner for & as his last will & testament ... of us who have attested the same in the presence of the other

Robert Lyke                                    Daniel Millner

John Timbooke                                his mark

Joseph Boar

Nov 2nd 1717

... Executors in ... ...

Thomas Milner (-1736)

Thomas Milner of Helsby.

John Wrench & Margaret Wrench, son & daughter of John Wrench of Halford, £30.

Daniel Millner, Sarah Millner, Thomas Millner, John Millner, Mary Millner & Nathaniel Millner, sons & daughters of Daniel Millner of Acton, yeoman, £60 equally divided.

Ellen Lloyd daughter of William Lloyd of Frodsham Bridge, £10. William Lloyd, a note of £5.

Godson, Moses Denton, 5 shillings. A son of Doctor Houghton, I stand Godfather, 5 shillings.

Nathaniel Milner, youngest son of Daniel Milner of Acton, gray coat, black worsted coat & breeches.

William Lloyd of Frodsham Bridge, four & a half yards of new cloth & trimmings.

All the rest to my loving wife Ellen. But if she remarries, £40 and the remaining part to the children of Daniel Milner and John Wrench aforesaid.

Thomas Bateney, Godson, 5 shillings.

Executors - John Wrench of Halford, Joseph Jones of Helsby.

Witnesses - Robert Halton, James Pope & Ric Higham.

Proved December 24th 1736.

 Daniel Milner (-1778)

Daniel Milner of Acton, Gentleman. To lie in the same grave as dear wife. Daughters Sarah, Mary & Rachel five guineas apiece. Thomas Smith, Samuel Combes the younger, Isaac Taylor & John Rowbottom ten shillings each. Widows Hervey & Hixson five shillings each.

My son Nathaniel sole executor.

My sons Daniel & Nathaniel.

Witnesses Daniel Milner & Nath Milner. Sworn May 18th 1778.

 Daniel Milner (-1779)

Of Acton, Weaverham. Buried at the discretion of my executor & executrix.

Brother Nathaniel the sum of ten pounds and his six sons the sun of thirty pounds to be divided share & share alike. 

William & Sarah, son & daughter of nephew John Taylor, thirty pounds each.

Daniel Taylor, Mary Withington & Sarah Sodoon my nephew & nieces £175  to be equally divided.

The sons & daughters of my sister Mary Clare (son Thomas only excepted) the sum of £500 to be equally divided. Also my niece Mary Clare the sum of £30 and my niece Catherine Milner £5. My niece Ellen Massey £10. My nieces Rachel Barrow & Mary Bruce £80 to be equally divided.

Nephew John Taylor £5. Sisters Mary Clare & Rachel Bruce £20 a piece.

Nephew Nathaniel Milner of Tarbock five guineas. Nephew Thomas Bruce five guineas.

Cousins John & Thomas Barrow, sons of my uncle John Barrow, deceased, five guineas.

Cousin Elizabeth Walker of Daresbury £5. And the sons & daughters of her deceased sisters £5 to be equally divided.

Mary Taylor wife of my nephew John Taylor £5. William, Peter, Ellen & Mary, sons & daughters of my niece Sarah Ellams £20 to be equally divided.

My friend William Gibson, son of John Gibson of Crowton, ten guineas.

Children of Mary Bradburn, deceased, daughter of Lucy Phillips of Song, Salop, £8 to be equally divided.

To the poor of the town of Acton, £30 the interest @ 4% to be given yearly on St John's day by my nephew John Milner & his heirs for ever. Also to the poor of Acton £4 to be divided amongst them at the discretion of my executors.  

All my real estate to my nephew John Milner, son of my brother Thomas Milner, deceased.

All my cash to my niece Mary Clare. And all my Right Title property and interest that I have in and to a Bond given to me by my brother Nathaniel Milner bearing the date August 1768. And a full right and power to all my Notes of Hand for cash (my nephew Thomas Clare's Note excepted which is to be given him up without any demand whatsoever)

Also Mary Clare all the money due to me for rents from my brother in law Mr Richard Bruce.

  

I give to my dear nephew Daniel Milner of Hall Green my watch and silver pint.

Executors - nephew John Milner, son of my late brother Thomas, and my said friend William Gibson. Executrix niece Mary Clare.

Witnesses - Samuel Lowe - Charles Heppard - Thomas Rawland. Sworn November 11th 1779.

Thomas Milner (1705-67)

Lancashire will - Supra Original Wills 'G-P' 1767 FHL British Film 88800.

Nathaniel Milner (1718-97)

This is the last will & testament of me Nathaniel Milner of Acton in the parish of Weaverham in the county of Chester, Gentleman. I give and devise unto my son Nathaniel Milner all that my messuage or tenement situate lying and being in Moor in the said county of Chester commonly called or known by the name of Moor Hall with the lands and appurtenances thereunto belonging or now held or enjoyed therewith and now in the holding or occupancy of my said son Nathaniel. Also all that other messuage or tenement with the lands and appurtenances thereunto belonging situate lying and being in Moor aforesaid and now held and enjoyed therewith late in the several holdings or occupations of my said son Nathaniel and Ralph Cash and now in the several holdings or occupancy of my said son Nathaniel and (Fleetwood) and also all my messuages or dwelling house with their appurtenances situate and being in Warrington in the county of Lancaster. To hold all and singular the said several messuages or tenements dwelling houses lands hereditaments and premises herein before mentioned with their and every of their rights members and appurtenances unto my said son Nathaniel Milner his heirs and assigns forever. I give and devise unto my son Thomas Milner all that messuage or tenement situate and being in Moor aforesaid commonly called or known by Dennis's with the lands and appurtenances thereunto belonging and now held enjoyed therewith and now in the holding or occupation of my said son Thomas. To hold the last mentioned lands hereditaments and premises with the appurtenances unto my said son Thomas Milner his heirs and assigns for ever. And whereas by indenture bearing date o n or about the seventeenth of March which was in the year of our lord one thousand seven hundred and  eighty six and made or mentioned to be made between me on the one part and my son John Milner of the other part wherein my said son John did for the considerations there in mentioned covenant and agree with me my executors administrators and assigns that he my said son John his heirs executors or administrators could anytime after one year's notice to be given him pay or cause to be paid the sum of one thousand pounds unto such person or persons and at such time and times and in such parts shares and proportions manner and form as I the said Nathaniel Milner should by deed or writing under my hand and seal executed in the presence of two or more credible witnesses or by my last will and testament in writing to be signed and published in the presence of the number of witnesses direct limit give or appoint the sum of one thousand pounds or so much thereof no such gift should be made aforesaid unto the executors administrators of me the said Nathaniel Milner within one year next after my decease. And whereas my said son John hath paid me six hundred pounds in part of the said sum of one thousand pounds now thereby give and bequeath to my son Nathaniel one hundred pounds part of the remaining sum of four hundred pounds due to me from my said son John as aforesaid and I hereby will order and direct that the same shall be in lieu and full of that sum due from my late son Daniel to him my sais son Nathaniel and that my said son Nathaniel shall give the executor or administrator of my late son Daniel sufficient discharge for the same and thereby direct the said sum of one thousand pounds to be paid my said son Nathaniel within twelve months next after my decease with lawful interest for the same and the remaining sum of three hundred pounds I give and bequeath to my granddaughter Frances Milne daughter of my late son Daniel Milner and such child or children whereof Frances the widow of my said son Daniel is now ensient to be equally divided between or amongst them and paid to them respectively on their attaining their respective ages of twenty one years or day or days of marriage which shall first happen in case my said grand daughter Frances or such child or children whereof the widow of my said son Daniel is now ensient shall happen to die before they shall respective attain the age of twenty one or be married as aforesaid without leaving any issue then I give the said sum of three hundred pounds to the survivor or survivors of them if more than one and if all such children shall happen to die without issue aforesaid the I give and bequeath the said sum of three hundred pounds unto John son of my said son Daniel on his attaining the age of twenty one years or day of marriage which shall first happen. In give and bequeath to my five sons John, Nathaniel, James and Dennis all my books to be equally divided amongst them. I also give and bequeath to my said sons the sum of five pounds apiece and all the residue and remainder of my personal estate of what nature or kind so ever. I give and bequeath the same after payments of my debts and funeral expenses unto Frances the daughter of my said son Daniel and the child or children whereof his widow is now ensient to be equally divided between amongst them share and share alike and I earnestly entreat my said sons to behave lovingly to each other and not nurture or find fault with this my will and in case of any disputes differences or controversies shall at any time arise between them or any of them teaching or in anywise concerning any matter or thing contained in this my will that then and in such case I hereby direct and my will is that such disputes difference or controversies shall be finally ended and determined by my friend John Garner of the City of Chester, Gentleman without any suit at law or in equity or any further trouble on account thereof or relating thereto and lastly revoking all former will and wills testament by me at any time hereto fore made I do hereby publish and declare this to be my last will and testament and thereof do nominate and appoint my sons John Milner and Nathaniel Milner executors. In witness where of I the said testator Nathaniel Milner have hereto set my hand and seal the fifteenth day of June in the year of our Lord one thousand seven hundred and ninety seven.

Signed sealed published and declared by the said testator Nathaniel Milner as and for his last will and testament in the presence of us who in his presence and in the presence of each other have subscribed our names as witnesses to the same  - James Garner - John Myles - J Garner

John Milner (1753-1811)

John Milner of Acton, Gentleman. March 7th 1811.

Wife Sarah, a lifetime annuity of £100 pa paid in two instalments. Reducing to £20 pa on remarriage.

Erection of a dwelling house on land known as Kendrick's Gardens, Kendrick's Meadows & Billinshaw's Meadows for Sarah and two daughters Ann & Mary.

Real estate in Acton to Ann, if no issue to Mary, if no issue to son of brother Nathaniel, nephew Nathaniel Dennis.

£500 each to sons & daughters of brothers James Daniel & Nathaniel.

£5,000 trust for purchase of real estate in the County of Chester for Mary, if no issue to Ann, if no issue to nephew Nathaniel Dennis.

Residue equal division between two daughters.

Executors brother Nathaniel Milner & friend Thomas Bruce.

Witnesses William Norman, John Brafrey, S Nicholson

Codicil 1 - reduces the £5,000 trust to £3,000.

Codicil 2 - changed location of Sarah's dwelling house to Dover's Croft.

George Woodward, Sam Andrews.

John Milner (1735-1820)

This is the last will and testament of me John Milner of Acton in the county of Chester, Yeoman, after payment of my debts, funeral expenses and the charges of the probate hereof I give devise bequeath and appoint all my estate and effects real personal and copyhold and of what value and kind so ever and where so ever I am now seized of possessed or of which I shall die seized or possessed of have any power to dispose or appoint unto my daughter in law Ann Milner of Liverpool in the county of Lancaster widow and unto Samuel Blain of Liverpool aforesaid Merchant my trustees and executrix and executor hereinafter named their heirs executor administrators and assigns respectively according to the nature of the property for ever of for and during all such estate term and interest therein upon trust that they my said trustees and the survivors of them his or her heirs executors or administrators shall and do as early as conveniently may be after my decease to sell and dispose of and convert into money all my said estate and effects either by public auction or private contract for the best price that can be reasonably gotten for the same of which they or he or she may think so and by and out of the proceeds thereof to invest and place out at interest upon good real or government security the sum of two thousand pounds and to pay and apply the yearly interest and produce thereof unto and to the use of my daughter the said Ann Milner and her assigns for life and after her decease upon trust to pay and apply divide and distribute the same unto and equally between and amongst the three children of my said daughter in law John Milner William Edward Milner and Ann Milner share and share alike absolutely for ever and if any of the said children shall die under age and unmarried the share and interest of such so dying under age and unmarried shall go to the survivors or survivor of them absolutely and I declare that the said sum of two thousand pounds so directed to be divided for this purpose is the same sum of two thousand pounds which I have by deed or agreement bearing date twenty seventh of July one thousand eight hundred and seven agreed to stand and be possessed of for the benefit of the said Ann Milner for life and for her said children afterwards and the said sum of two thousand pounds given in this my will is to be taken in execution of such agreement and discharge thereof and of the covenant and agreement therein contained and as to all the rest residue and remainder of my said estate and effects in trust that they my said trustees and executrix and executor shall put and place the same at interest on good real or government security upon trust as to one equal third part thereof to pay and apply the yearly interest and produce thereof unto and to the use of my son John Milner for and during the term of his natural life to be paid to him by two equal half yearly payments in each year and a proportion up to the time of his decease or to be paid to him at such other times and in such other way as my said trustees and executors shall think proper and after the decease of my son John to pay and apply divide and distribute the principal of the said one third part of the said residue unto and equally among all and every the child and children of the said John Milner who may then be living and the issue of any of them who may then be dead (such issue taking the part only his her or their deceased parent would have taken if living) absolutely share and share alike for ever to be paid on his or their respective attainment of the age of twenty one year or marriage whichever shall first happen But if their be no such child or children of my said son John or issue of such living at his decease or being such shall die under the age of twenty one years and unmarried upon trust to pay and apply and divide the same one third part of the said residue of my said estate and effects and any unapplied interest thereof unto and to the use of my said daughter in law Ann Milner and her children in the like manner and upon the like trusts as is here in before given and directed in respect of the said sum of two thousand pounds and the interest thereof  And upon trust as to one other equal third part of the said residue of my said estate and effects to pay and apply the annual interest and produce thereof unto and to the use of my son Daniel Milner for his life in like manner as is herein directed as to my son John and after his decease in trust to apply and divide the principal of the said other one third of my said residue unto and amongst all and every child and children of my said son Daniel who may then be living and the issue of any who may then be dead in like manner as is herein before directed as to the children of my said son John and issue of such and if there shall be no such children or issue living at the decease of my said son Daniel or being such should die under twenty one and unmarried then upon trust to pay and divide the same unto and for my said daughter in law Ann Milner and her children in like manner as is herein before directed as to the said other bequests to and for the use of her and her children And upon trust as to the remaining one third part of the residue of my estate and effects to pay and apply the annual interest and proceeds thereof unto and to the use of my daughter Sarah Milner for and during the term of her natural life in like manner as is hereto before directed to be paid to my son John and after her decease in trust to apply and divide the principle of the said remaining one third part of the said residue of my estate and effects unto and amongst the child and children of my said daughter Sarah who may then be living and the issue of any of them who may then be dead in like manner as directed as to children of my said son John and their issue And if there shall be no such children or issue living at the decease of my said daughter Sarah or being such should die under the age of twenty one and unmarried then upon trust for my said daughter in law Ann Milner and her children in like manner as is herein before directed as to the other bequest to her and her children in this my will And I direct that my trustees and executors may advance and apply the annual interest of the respective shares of any such child or children as may become entitled under this my will during their respective minorities in maintenance and education And I give devise and bequeath to my said trustees and the survivor of them his or her heirs executors administrators and assigns all such hereditaments lands messuages and property of which I am or may be seized or possessed as trustee or mortgage on trust to grant assign release and convey the same from time to time as occasion may require And I direct that the receipt or receipts of my said trustees and executors shall be good and valid to any purchaser or purchasers of my estate and effects notwithstanding any misapplication of nonapplication of the purchase money And that they my said son John and executors shall not be answerable for any loss that may happen to my estate without a wilful default nor for the acts of each other And that they may reimburse themselves all money to be expended acting under my will And lastly revoking all former wills I declare this my last will and testament and do appoint my said daughter in law Ann Milner and the said Samuel Blain my executrix and executor hereof and in witness whereof I have to this my said will contained in four sheets of paper set my hand and seal that is to say my hand at the foot of the three first sheets and my hand and seal to this fourth and last sheet the twenty eighth day of March in the year of our lord one thousand eight hundred and fifteen.

Signed sealed published and declared by the said testator John Milner as and for his last will and testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as witness thereto - 

 John Idell attorney Liverpool, John Leece & C Smith Bird clerk Liverpool.

The eighteenth day of October 1820 Ann Milner and Samuel Blain the executrix and executor in this will named being of the people commonly called Quakers disaffrin in common form solemnly sincerely and truly affirmed and declared that the personal estate and effects of the testator within the Diocese of Chester were under the value of £600 before me.

The testator died July 25th 1820.

Thomas Milner (1763-1827)

Thomas Milner Farmer of Moor.

Lands at Moor to nephew Nathaniel Dennis Milner son of brother Nathaniel Milner.

Remainder to my nephews Nathaniel Dennis, James Richardson, Thomas, Nathaniel, Daniel, Dennis, Benjamin & John, share & share alike.

Nephews James Richardson, Thomas, Nathaniel, Daniel, Dennis & Benjamin, sons of my brother James Milner of Patricroft, £1,000 each.

John Milner son of my late brother Daniel £1,000. Elizabeth Milner daughter of my late brother Daniel, £500.

Nephews John & Benjamin executors.

Witnesses - John Robinson, Salford - Thomas Olfin - Mr Natts, Clerk.

Sworn May 30th 1827 by John Milner.

Sarah Milner (17??-1830)

Daughters Mary & Ann.

Land in Acton commonly called Lower Green Estate to Dennis Milner.

My home Hall Hill Tree Croft and all other to John Rowland the younger and James Rowland both yeomen of Acton in trust for Mary and Ann.

Witnesses - G Hickman, Sam Kay & Thomas Harrison.

Nathaniel Milner (1758-1837)

Nathaniel Milner, gentleman of Acton.

Loving wife Ellen. £30 pa plus annuity of £170 a charge upon my real estate in two equal annual payments.

Son Nathaniel Dennis Milner all my real estate where ever situate.

Executor my friend James Cawley of Winwick, my said son Nathaniel Dennis and said wife Ellen.

Witnesses - James Landers - Rob Boover Hinchliffe - C Nicholson.

Daniel Milner (-)

In the name of God Amen. The 5th day of April 1760. I Daniel Milner the elder of Acton, Gent, being weak of body but of perfect memory and mind, thanks be given unto God, therefore calling into mind the mortality of my body and knowing that it is appointed unto all men one day to die, I do make and ordain this my last will and testament, that is to say, principally and first of all I give and recommend my soul into the hand of Almighty God that gave it and my body I recommend to the earth to be buried in decent Christian burial (in the same grave where my dear wife lies) nothing doubting but at the general resurrection I shall receive the same again by the mighty powers of God. And as to the wealth I am at this time possessed of I give and bequeath as followeth. And first I give to my three daughters, Sarah, Mary and Rachel two guineas apiece. Also I give to Thomas Smith, Samuel Combes the younger, Isaac Taylor and John Rowbottom, Ten Shillings apiece. Also I give to the widows Heresey and Hixon Five Shillings each and it is my will & desire that the above legacys be paid and discharged in six months time after my decease. And lastly I nominate and appoint my son Nathaniel to be executor of this my last will and testament revoking all other wills formerly by me made. And it is my will and desire that my sons Daniel and Nathaniel signing this will shall confirm it as if I had signed and sealed it with my own hand writing - Daniel Milner, Nath Milner.

May 18 1778. Nathaniel Milner the soul executor within named was sworn in common form before Thomas Broadhurst Snr.

 

Dennis Milner (1763-1838)

Nephew Nathaniel Dennis Milner, lawful nephew, next of kin and administrator.

Dennis Milner of Acton, bachelor, deceased without parent, children, grandchildren, bother of sister living at the time of his death.

Sworn May 1st 1838 by Nathaniel Dennis Milner.

 

Mary Milner (1???-56)

Nathaniel Dennis Milner of Moore House, engineer. William Heppel of 2011 Newgate Street, Chester, Bookkeeper. Charles Turner of 2025 Wellington Street, Chester, Scrivener.

Ann Milner, wife of the above bounden Nathaniel Dennis Milner, and lawful sister and only next of kin and as such Administrix.

Mary Milner, Late of Lower Green, Acton. Spinster deceased without parent living at the time of her death.

Nathaniel Dennis Milner (1801-78)

Nathaniel Dennis Milner of Moor.

Sons Dennis Milner & William Cawley Milner appointed executors.

Real estate in Acton & Milton.

Elizabeth Smalley (1730-1796)

 Parents, Christopher Baxter & Ellen Beesley c1730 born. 1750, married, John Smalley, St John's Church, Preston. 1796, buried, Whitford Parish Church, Flintshire.

 Probate Elizabeth SMALLEY of Holywell, widow. Date, 26 May 1796. PR, Christopher SMALLEY, son, executor. PR, William SMALLEY, son, executor. PR, John SMALLEY, son, executor.

Will & Codicil
Elizabeth SMALLEY of Holywell, widow. Will date, 23 November 1790. Codecil date, 5 March 1794.
John SMALLEY, husband, deceased. Christopher SMALLEY, son, executor. William SMALLEY, son, executor. John SMALLEY, son, executor. Anne SMALLEY, daughter, deceased. Elizabeth SMALLEY, daughter. Ellen SMALLEY, youngest daughter (in Codicil, Ellen DENMAN, wife of William Denman). William DOUGLAS, co-partner. Daniel WHITTAKER, co-partner. William HARRISON, co partner. Thomas PENNANT, esquire.
Catherine LLOYD wife to John LLOYD, postmaster, witness to Will. Catherine LLOYD, widow, postmistress, witness to Codicil. P D PARQUOT, Holywell, witness to Will. S SMALL, of Holywell, Atty, witness to Will and Codicil. James MARSH, Holywell, cotton worker, witness to Codicil.
Also mentioned in the Will.
An Iron Works in Merioneth.
A Wire Mill and a Tilt Mill in Greenfield, Holywell.
Several Cotton Mills and a Water Corn Mill in Holywell.
The Holywell Cotton Twist Company.
The Highest Cotton Mill, Holywell.
Sitting place and pew at St George's Chapel, Preston, Lancashire.

Christopher Smalley (1754-1829)

Christopher Smalley was born about 1754 in Preston, Lancashire, the son of John Smalley & Elizabeth Baxter. He married Sarah Addison in St John's Church Preston in 1791.
Probate. Date, 25 July 1829, at London. PR, Rev Robert GIBSON.
On 24 July 1829, John HUGHES & Hugh HUGHES, both of the City of London, confirmed that the handwriting on the Will was Christopher Smalley's.
Will & Codicil
Christopher SMALLEY of Holywell, Flintshire. Date of Will, 31 March 1828. Date of Codicil, 31 March 1828. Sarah SMALLEY, wife. Ellen GIBSON, daughter. Thomas Batty ADDISON, friend, of Preston, Lancashire, executor. Rev. Robert GIBSON, son in law, vicar of Bolton le Sands, Lancashire, executor. Robert KENICK of Holywell, witness. Richard DAWSON of Holywell, witness. Thomas ELLIS of Holywell, witness. John ADDISON jnr. of Preston, witness.

George Hindley (1775-1849)

The last will and testament of George Hindley of Barnton in the county of Chester, shoemaker.

To all whom it may concern I George Hindley do hereby give and bequeath my freehold house and shop, situated in Leftwich, in the county of Chester and in the occupation of John Molyneux, flatman, to my natural son Joseph Hindley of Antrobus in the county of Chester, shoemaker; and my freehold house situated in Leftwich in the county of Chester and in the occupation of James Beckett, shoemaker, to my natural son James Hindley of Aston in the county of Chester, bricklayer, for his life; but should he die without issue, then the aforesaid house must be sold and the proceeds of the same equally divided between my daughter Margaret and my sons Richard, Joseph and Peter or their heirs; and my two freehold houses, situated Leftwich in the county of Chester and in the occupation of Mills and Frances Bamford to my son John and on his death to his heir or heirs; and also the sum of one hundred pounds sterling lent by me to Nathaniel Morrey of Barnton in the county of Chester, farmer, on the 11th March 1826 on his own personal security at an interest rate of 41/2 percent per annum with whatever other cash or property may belong to me at my death to my daughter Margaret and my sons Richard, Joseph and Peter equally.

And I do also appoint my sons Richard and Peter executors of this my last will and testament and should they or either of them be disqualified by death then I appoint Nathaniel Morrey aforesaid of Barnton in the county of Chester, farmer, to act instead thereof.

Signed by me George Hindley this thirteenth day of January one thousand eight hundred and forty nine.

Signed by the testator George Hindley in the presence of us, present at the same time who have hereunto subscribed our names as witnesses this 13th day of January 1849. Richard Hindley, Peter Hindley.

George Steele 1811.

This is the last will and testament of me George Steele of Sandbach in the County of Chester, Shopkeeper. I direct my own funeral expenses, the charge of proving this will and all debts which at the time of my decease shall be owing by me to any person or persons whomsoever to be paid as soon as conveniently may be after my decease. I give and bequeath to my dear wife Dolly one hundred pounds and all the household furniture in the near end of my personal dwelling house. I give and bequeath the sum of nine hundred pounds of lawful money of Great Britain to my son John Steele and John Sutton of Arclid in the said county, yeoman, their executors administrators and assigns upon trust that they the said John Steele and John Sutton and the survivor of them and the executors administrators and assigns of such survivor do and shall lay out and invest the same in their or his name in parliamentary stocks or pubic funds or on real Government or other securities at interest and from time to time alter, change and vary the securities at their or his discretion and do and shall during the natural life of my said wife pay the interest, dividends and annual produce to my said wife and her assigns or otherwise permit and fully authorise and empower her and them to receive and take the same for and during the term of her natural life. I also give and bequeath to the said John Steele and John Sutton their executors administrators and assigns upon and immediately after my decease the sum of three hundred pounds of like lawful money and also the further sum of three hundred pounds upon and immediately after the decease of my said wife upon trust that they the said John Steele and John Sutton and the survivor of them and the executors administrators and assigns of such survivor do and shall lay out and and invest the same several sums of three hundred pounds and three hundred pounds respectively in their or his names or name in parliamentary stocks or public funds or on real Government or other securities at interest and from time to time alter, change and vary the securities at their or his discretion and I do and shall during the life of my daughter Fanny, the wife of Joseph Bowcock of Sandbach aforesaid, shoemaker, pay the interest dividends and annual produce thereof respectively to such persons for such intents and purposes and in such manner as my said daughter Fanny by any writing or writings signed by her with her own hand shall whether covert or solo as the same shall from time to time respectively become due and payable but not by way of anticipation direct or appoint or for want of such direction or appointment into her own hands for her own sole separate and peculiar use and benefit and exclusively of and without being any wise subject or liable to the debts incurred or control of her present or future husband and I declare this to be my will that the receipts in writing of my said daughter or of the person or persons to whom she shall direct the said interest dividends and annual produce to be paid shall notwithstanding her coverture be a good and sufficient discharge and good and sufficient discharge for the said interest dividends and annual produce or so much thereof as such receipts respectively shall be expected or mentioned to be received and from and after her decease. Upon trust that they the said John Steele and John Sutton and the survivors of them or  or the executors administrators or assigns of such survivor do and shall pay, transfer assign the said several sums of three hundred pounds and three hundred pounds respectively stocks funds and securities and the interest dividend and annual produce  to between  amongst  all and every of the children or child of my said daughter Fanny who being a son or sons shall attain the age of twenty one years or depart this life under that age leaving issue living at the time of his or their  decease or respective decease or coming in due time after or being a daughter or daughters shall attain that age or many to be divided between or among such children if more than one in equal shares and proportions and if but one child the whole of the said trust monies stocks funds and securities cash above mentioned to such one child and in the meantime and until such children or child of my said daughter shall attain the age of twenty one years or in any in case the said husband Joseph Bowcock shall her survive then upon trust that they the said John Steele and John Sutton and the survivor of them do and shall pay the interest dividends and annual produce of the share and share of such child and children respectively unto the said Joseph Bowcock until such child or children attain the age of twenty one years or man for and on account of their maintenance and education and if there shall be no child of my said daughter Fanny who being a son shall attain the age of twenty one years or depart this life under that age leaving issue of his body living at the time  of this decease or born in due time after or being a daughter shall attain that age or many then on trust to pay transfer and assign the said trust monies stocks funds and securities and the interest dividends and annual produce thereof to my son the said John Steele and Thomas Steele in equal shares and proportions I give and bequeath to my said son Thomas Steele the sum of seven hundred pounds in monies following namely three hundred pounds at my decease and four hundred pounds more at the decease of my said wife. I also give to my said son John Steele five hundred pounds in manner following namely, three hundred pounds at my decease and two hundred pounds more at the decease of my said wife. I also give to my said son John Steele the sum and interest in the lease of the House and the household furniture in the old part of thereof, stock in trade, book debts and all other my personal estate of what inture kind or quality  secure not herein before disposed of and lastly I do hereby nominate constitute and appoint my said wife son John and John Sutton of Arclid in the said county gentleman executors and executors of this my last will and testament and I do hereby declare that my said executor and executors or any of them shall not be answerable or accountable for any money but what they shall respectively and actually receive. Nor shall they or any of them be at any time answerable or accountable for the insufficiency or deficiency of any security or securities stocks or funds in or upon which the said trust monies or any part thereof shall be placed out or invested for any loss which may happen to the aforesaid trust monies except the same shall happen or arise by or through their own wilful default upon lives and that the one of them shall nor be answerable or accountable for the other of them or for the acts deeds defaults receipts or disbursements of the other or others of them notwithstanding they or either of them shall join in any deceit for conformity but each of them for the acts deeds defaults and disbursements of him and himself only and also that they and each of them shall and may by and out of the monies that shall or may come to his her or their hands by virtue of the trust aforesaid retain to and disbursement herself himself and themselves all costs charges damages and lapard which he she or they shall or ma suffer sustain expend disbursal or be part unto it or about the execution or management of all or any of the trust hereby in them reposed or in relation thereunto in my wise. And I do hereby revoke and make void all former will and wills by me at any time here before made and I do publish and declare this  to be my last will and testament. In witness thereof I the testator George Steele have hereunto set my hand and seal the first day of May in the year of our Lord one thousand eight hundred and nine. - George Steele.

Signed sealed published and declared by the testator George Steele as and for his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto - Mary Darlington - John Wagg -  Rich Darlington.

Sandbach October 30th 1811.

Dolly Steele the executor, John Steele and John Sutton the executors in this will named were sworn in common form & they further made oath that the personal estate and effects of the testator within the Diocese of Chester were under the value of three thousand five hundred pounds - before me Chas Lockitt, Surrogate.

The testator died The 26th May 1811.

Mary Steele 1811.

The last will and testament of me Mary Steele of Sandbach is as follows that is to say First I direct that all my just debts funeral expenses and the charges of proving this my will be paid and satisfied Also I give to my grand son John Dean son of my son Samuel Dean the sum of ten pounds and the bed I now lie on with the furniture and appurtenances thereby belonging also I give to my granddaughter Mary Dean daughter of my son John my best red cloak and my two gowns one of which has a lilac stripe and the other is a plod pattern the same cloak and gowns to be delivered to her at such age as my executor may think proper for her to use them and as to all the residue of my property and effects I give and bequeath the same unto and amongst all the children of my said two sons Samuel and John save my said grandson John equally to be divided amongst them share and share alike and to be paid to them when and as they severally attain the age of twenty one or marry and the interest of each child's share to be in the meantime applied to his her or their support and I appoint John Mellor of Sandbach aforesaid, maltster, sole executor of the my will and do hereby revoke all formed wills by me made In witness where I the testator Mary Steele have hereunto set my hand and seal this nineteenth day of February in the year of out Lord one thousand eight hundred and ten - Mary Steele.

Signed sealed published and declared by the said testator as and for here the last will and testament in the presence of us who in her  presence have subscribed our names as witnesses (the word maltster being interlined - Jas Colclough, Vernon Bloore.

The fourteenth day of April John Mellor the executor in this will named was sworn in common form & he further made oath that the personal estate and effects of the testator within the Diocese of Chester were under the value of two hundred pounds. Before me R Littler, surrogate. The testator died the 25th day of February 1813. Probate Dated 14th April 1814.

Nicholas Ryder 1815.

Nicholas Ryder of Hartford.

My wife Hannah, sole executrix.

Witnesses, Robert Ryder, Sarah Worrall Nelson, Thomas Byram.

Thomas Hardern 1818.

Thomas Hardern, yeoman of Betchton, married to Sarah. Gentleman William Darlington of Sandbach. Leasehold properties in Betchton occupied by Thomas Hardern and Peter Baskervile. Sons Thomas & Richard and daughter Elizabeth. Son John Hardern. Grandchildren John & Sarah children of daughter Mary Broadbent. Grandchildren Thomas & John children of my daughter Sarah Colclough. Bostock's croft in Betchton. Peter Barratt, farmer of Smallwood, and Thomas Steele, farmer of Betchton executors. Witnesses Joseph Steele senior, Joseph Steele junior, James Sherratt.

August 29th 1818, Peter Barratt of Smallwood and Thomas Steele of Betchton, testator died March 6th 1818.

James Birchall died January 1825.

The last will & testament of me James Birchall of Sandbach in the county of Chester, yeoman, is as follows (that is to say) First I direct that all my just debts funeral expenses and the charges of proving this my will and carrying the trust thereof into execution be paid and satisfied and subject thereto I give and devise unto John Dickinson of Sandbach aforesaid Cordwainer and William Peover of the same place Butcher my executors herein after named all my real and personal estate whatsoever and where so ever to hold the same respectively unto the said John Dickinson and William Peover their heirs executors administrators and assigns during all my estate and interest therein upon the trusts and for the uses intents and purposes herein aforesaid and mentioned (that is to say) upon trust that they my said trustees John Dickinson and William Peover and the survivors of them and their heirs executors administrators of such survivors do and shall permit and suffer my wife Margaret to receive and take the rents and profits of my real estate and use and interest of my personal estate for and during the term of her natural life and from and after her decease upon trust that they the said trustees and the survivors of them and their heirs do and shall stand seized of one interested in all that my enclosure one parcel of land situate on Sandbach Heath in Sandbach aforesaid to the use of my son John Birchall his heirs and assigns for ever and upon further trust that they my said trustees and the survivors of them his heirs executors and administrators do and shall sell and dispose of all the residue of my real and personal estate which in the nature is saleable and do and shall convert all my personal estate into money and do and shall pay and distribute the money arising from the residue of my said real and personal estate in manner the following (that is to say) the sum of ten pounds to my grand daughter Mary now the wife of William Lees and all the residue thereof unto and amongst all my children then living equally to be divided between them share and share alike but nevertheless if any of my children be then dead leaving issue then living such issue shall stand in the place of such deceased parent and take the same share as such parent would be entitled to if living provided always and I do direct that the sum of ten pounds shall be taken out of the share of my son Samuel and paid to my sons in law the said John Dickinson and John Hyde in satisfaction of their claim against him and I direct that the receipt and receipts of my said trustees and the survivor of them and the heirs of such survivors shall sufficiently discharge the purchaser and purchasers of my said real estate and every part thereof and that such purchaser or purchasers of my said real estate or any part thereof shall not afterwards be answerable for the application of his ---- or their purchase money or purchase monies or any part thereof and I also direct that my said trustees shall not be answerable for any more of the said trust money than they shall respectively actually receive and that one of them shall not  be answerable for the other of them or for the acts receipts or defaults of the other of them not for any loss unless it be thought wilful neglect and I appoint my said wife Margaret and the said John Dickinson and William Peover executor and executors of this my will and here by revoke all former wills by me made. In the witness whereof I the said testator James Birchall have hereunto set my hand and seal this twenty third day of February in the year of our Lord one thousand eight hundred and nineteen.

The Mark & Seal of James Birchall.

signed sealed published and declared by the said testator as and for his last Will and Testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as Witnesses (a whole ---- interlined on the second side and from words above). Jas Colclough, Vernon Bloore, Samuel Cook.

This codicil to be added to and taken as part of my last Will and Testament bearing the date on the twenty third day of February in the year of our Lord one thousand eight hundred and nineteen whereas I have made no disposition of my share of Common Land I hereby give to my son John Birchall all that piece or parcel of land on Sandbach Heath allotted to me by the award of Joseph Henna the Commissioner appointed for allotting and dividing the waste and Common Lands in Sandbach aforesaid to hold to him his heirs and assigns forever and I do hereby confirm my said Will in all other respects witness my hand this Eleventh Day of February One Thousand Eight Hundred and Twenty Three. Signed sealed published and declared as a codicil to the last Will and Testament aforementioned by the said testator in the presence of us who in each others presence have subscribed our names as witnesses thereto in his presence.

The thirtieth day of June 1825 John Dickinson and William Peover two of the executors in this Will named were sworn in common form (power being recovered to Margaret Birchall the executors therein also named to take upon her the execution of the said Will when she shall lawfully request the same) and they further made oath that the personal estate and effects of the testator within the Diocese of Chester were under the value of three hundred pounds before me.

M Batty, Surrogate.

The testator died the 13th day of January 1825.

James Colclough 1829. Admon.

James Colclough of Sandbach, joiner and cabinet maker died September 24th 1828. Ann Colclough, widow, shopkeeper, of Sandbach, James Colclough, grocer of Betchton and Charles Dickinson, shoemaker of Sandbach.

John Dickinson 1829.

John Dickinson of Sandbach, shoemaker. Rents from tenements and land and interest to my dear wife during her natural life. My son Charles. My daughter Sarah. My son James. My daughter Ann. My granddaughter Fanny. My son Henry.

Wife, son Charles and friend John Summerfield of Betchton executors.

I also leave my share of Davies's field that will fall to me under the will of the late James Birchall when the same is sold I leave to be divided amongst my children then living or their heirs share and share alike. March 5th 1829. John Dickinson.

Charles Staton, Joseph Hedge, John Thornhill.

Sworn by Jane Dickinson and John Thornhill. Testator died October 19th 1829.

On the 20th of March 1832 John Thornhill filed a deed of renunciation witnessed by Samuel Skerratt and James Lamb.

James Colclough 1831.

James Colclough of Betchton, victualler & shopkeeper. Two grandchildren Thomas & Elizabeth Colclough, children of late son James. Son Thomas. Properties in Betchton and purchased from Mr Daniel Morris. Ann Cotton wife of William Cotton.

Thomas Colclough and Joseph Steele shoemaker of Betchton, executors.

Witnesses Samuel Sherratt, William Latham & James Lamb, March 5th 1829.

Testator died May 13th 1831.

Thomas Steele 1837.

The last will and testament of me Thomas Steele of Sandbach in the County of Chester, Hat Manufacturer, is as follows I direct all my just debts funeral expenses and the charges of proving this my will to be paid and discharged out of my personal estate as soon as soon as conveniently maybe after my decease I give devise and bequeath unto my dear wife Margaret all and singular my real and personal estate and effects of every nature and sort whatsoever and where so ever situate and being for and during the term of her natural life and from and after the decease of my said wife in case I shall have any child or children by my said wife living at the time of her decease then I give devise and bequeath all the same real and personal estate and effects unto and equally between each and every such children if more than one their heirs and assigns for ever as tenants in common and not as joint tenants and in case of these being only one such child then to such only child his or her heirs and assigns for ever But in case I shall die without leaving children or a child or any such born in due time before my decease then I give devise and bequeath  all and singular my real and personal estate and effects unto my said dear wife Margaret Steele her heirs executors administrators and assigns as and for her and their own property absolutely and for ever and I appoint my said wife Margaret Steele and Charles Dickinson of Sandbach aforesaid, Shoe Manufacturer, executrix and executor of this my last will and testament hereby revoking all former wills by me made in witness whereof I the said Thomas Steele have here unto set my hand and seal this twenty second day of January in the year of out Lord one thousand eight hundred and thirty four - Thomas Steele.

Signed sealed published and declared by the testator Thomas Steele as and for his last will and testament in the presence of us who in his presence and at his request and in the sight and presence of each other have here unto subscribed our names as witnesses thereto - Jas E Williams, J W G Court, Vernon Bloore.

The third day of May 1837 Margaret Steele and Charles Dickinson the executrix and executor in this will named were sworn in common form and they further made oath that the personal estate and effects of the testator within the Diocese of Chester were under the value of two hundred pounds, before me surrogate.

The testator died the third day of Feb 1837.

Thomas Steele 1840.

This is the last will and testament of me Thomas Steele of Sandbach, Chairmaker, in the County of Chester made when of sound and disposing mind memory and understanding in the manner following namely. In the first place I direct all my just debts funeral and testamentary expenses to be paid as soon after my decease as conveniently can be, I give and bequeath to my sister Mary Higgins all the messuage or dwelling house garden and outbuilding which I now occupy that is to say for the full and complete term of my lease also the use of all my household goods and fixtures but not to be diminished or removed Moreover I give to my brother Richard Steele the sum of ten pounds along with my working tools and wearing apparel. Further I give to my sister Fanny Eaton the sum of five pounds per year to receive the aforesaid half yearly and also I give to my sister Mary Higgins likewise the said sum of five pounds per year as aforesaid to be receive half yearly and likewise I give Martha Dunning the wife of John Dunning, Gardener, of Middlewich the sum of five pounds the aforesaid monies left to my brother Richard Steele, Mary Higgins and Fanny Eaton to be had and enjoyed during their natural life and to be enjoyed by the surviving brother or sister so long as any remains. I also give my silver cream jug to Miss Jane Walmsley and I do hereby nominate constitute and appoint John Dunning, Gardener of Middlewich, in the County of Chester along with Thomas Leadbeater, Clock and Watchmaker of Sandbach executors and Mary Higgins of Sandbach executrix of this my last will and hereby revoking all former will by me at any time hence to for made. I do declare this only to be my last will and testament.

In witness whereof I have here unto set and put my hand and seal this twentieth day of August one thousand eight hundred and forty - Thomas Steele.

Signed sealed published and declared by the said testator Thomas Steele as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses there to - Edward Williams, John Thornhill.

The twenty sixth day of January 1841 John Dunning of Middlewich Gardener one of the executors in the will named was sworn in common form power being reserve to Thomas Leadbeater and Mary Higgins the other executor and executrix therein also named to take upon them  the executor of the said will when they shall lawfully request the same and be further made oath that the personal estate and effects of the testator within the Diocese of Chester  were under the value of three hundred pounds - before me Surrogate.

The testator died the twenty first day of October 1840.

 

John Birchall 1852

I John Birchall of Sandbach in the County of Chester, yeoman, being of sound and disposing mind memory and understanding do make and publish this my last will and testament in manner following, that is to say, subject to the payment of all my just debts financial and all other incidental expenses I give devise and bequeath all and singular my real leasehold and personal estate and effects whatsoever and where so ever and of what nature or kind so ever and whether in possession reversion remainder or expectancy unto my nephew, Charles Dickinson of Sandbach aforesaid, shoe manufacturer, and my two friends Thomas Stringer of the same place, timber merchant, and George Furnivall, the younger, of the same place, plumber and glazier, to hold to them the said Charles Dickinson, Thomas Stringer and George Furnivall their heirs executors and administrators and assigns for ever or for and during all such estate term or interest as I may have therein respective at the time of my decease. Nevertheless upon the several trusts and for the several ends interest and purposes hereinafter expressed and declared concerning the same, that is to say, upon trust that they the said the said Charles Dickinson, Thomas Stringer and George Furnivall and the survivors and survivor of them their and his heirs executors and administrators do and shall stand possessed of and receive and take the yearly or other rents interest dividends and annual proceeds of my said real leasehold and personal estate for and during the free time and term of ten years to commence and be computed from the day of my decease and as and when such yearly or other rents interest dividends and annual proceeds of my said real leasehold and personal estate shall be so received upon trust that they my said trustees and the survivors or survivor of them his heirs executors or administrators do and shall from time to time with all convenient speed place out and invest the same together with all accruing interest dividend and annual proceeds to arise and be received there from and also all other accumulations there of arising the term afore said in their names or in the names of the survivors or survivor of them in the public stocks or funds of Great Britain or at interest on real or other good security and do and shall from time to time during the term afore said vary and change the security or securities  thereof as they or he shall think fit and from and immediately after the expiration of the said term of ten years Then upon this further trust that they my said trustees and the survivors and survivor of them his heirs executors and administrators do and shall with all convenient speed make sale and absolute disposal of all my said real and leasehold estate and property as also all such part of my personal estate if any as shall be in its nature saleable wither by public auction or private contract and in such manner generally as to them my sais trustees or survivors and survivor of them his heirs executors or administrators shall appear most expedient and proper and for that purpose it shall and maybe lawful for them my said trustees and the survivors and survivor of them his heirs executors and administrators to make and execute all such deeds conveyances assignments and other assurances as may be required and necessary for conveying assigning or otherwise assuring all or part of my said real and leasehold estate to any purchasers thereof or any part thereof and I declare that the receipt or receipts of my said trustees or the survivors or survivor of them his heirs executors and administrators for the purchase money or purchased monies to arise or be produced by any such sale or sales shall be a good and sufficient discharge and discharges to any purchaser or purchasers there of or of any part there of for so much money as shall in every such receipt or receipts be expressed or acknowledged to be received and that such purchaser or purchasers shall not after such receipt or receipts so given be answerable or accountable for the application misapplication or non application there of or any part thereof or be in anywise concerned concerned to see to the application of thereof or of any part there of and from and after such sale or sales and receipts of the monies to arise and be received there from upon trust in the first place there out to pay all expenses attending any such sale or sales and all other expenses incident to and attending the receiving collecting and getting in my said personal estate and then upon trust to pay and divide the residual of such monies and all accumulations there of as also all the rest residue and remainder of my  real and personal estate and effects whatsoever and wherever unto and equally amongst all and every of my children as shall then be living and in England equally share and share alike and to the lawful issue of such of them as shall be then dead such issue only taking the part or share to which his her or their deceased parent or parents would have taken or been entitled to if living if more than one equally share and share alike and if but one such child then to such one or only child his or her executors administrators and assigns forever. Provided always and I do hereby declare that if the said  Charles Dickinson, Thomas Stringer and George Furnivall or any trustee or trustees to be substituted for them shall happen to die or refuse or become incapable to act in or desire to be discharged from the trusts reposed in them or any of them respectively by this my will and so often as any such event may happen it shall be lawful for the trustees or trustee their or his executors or administrators by writing under their or his hands or hand to terminate and appoint any fit person or persons to be a new trustee or trustees in the room of the said Charles Dickinson, Thomas Stringer and George Furnivall or any future trustee or trustees as shall happen to die or refuse or become incapable to act or desire to be discharged as aforesaid and that upon every such nomination and appointment the said trust estate monies stocks funds and securities shall be conveyed assigned transferred or assured in such manner as to be vested in such new trustee or trustees his or their heirs executors and administrators upon and for the said trusts and purposes and with and subject to the like powers provisions in all respects as are herein before expressed and declared concerning the said respectively and that every such new trustee or trustees shall and may in all things act in the management carrying on and execution of the trust to which he or they shall be so appointed as fully and efficiently and with the same powers in all respects as if he or they had been originally appointed a trustee or trustees in and by this my will. And lastly I do hereby nominate constitute and appoint my said trustees the said Charles Dickinson, Thomas Stringer and George Furnivall executors of this my will and do declare that the and of them shall not be answerable or accountable for the other of them nor for the acts deeds receipts neglects defaults or disbursements of the other of them but each of them for himself and for his own separate and  peculiar acts deeds receipts neglects defaults and disbursements only and not otherwise And it shall and maybe lawful for them my said trustees and executors to deduct and retain to themselves all such costs charges damages and expenses as they or other of them shall or may sustain expend disburse be at or be put into and also a reasonable compensation for their or any of their loss of time and trouble in and about the trusts and executorships of this my will and hereby revoking all former wills by me made do publish and declare this to be my last will and testament. In witness whereof the said John Birchall the testator have hereunto set my hand and seal this twentieth day of January one thousand eight hundred and forty five.

Signed sealed published and declared by said testator John Birchall as and for his last will and testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as witnesses thereto

George Steele  James Lamb                                                                     

John Birchall

This is a codicil to be added to and taken as part of the last will and testament of me John Birchall. Whereas I have in and by my said will appointed Charles Dickinson, Thomas Stringer and George Furnivall the younger trustees and executors thereof Now I do hereby revoke and make void the appointment of the said Charles Dickinson as one of such trustees and executors and all the devices bequests powers and authorities thereby given to and vested in him in every respect whatsoever and in every respect as fully and effectually as if he the said Charles Dickinson had never been named or appointed such a trustee and executor in and by my said will in all respects save as hereby altered. In witness where of I have hereunto  set my hand this thirtieth day of November one thousand eight hundred and forty seven.

Signed in the presence of  George Hancock  James Lamb

John Birchall

In the Reveal Deans Court of Chester. The third day of May one thousand eight hundred and fifty two.

Appeared personally James Lamb of Sandbach in the county of Chester witness and being sworn upon the holy Gospels made oath that he is one of the attending witnesses to the codicil to the last will and testament of John Birchall late of Sandbach aforesaid yeoman deceased and which said codicil bears date the thirtieth day of November one thousand eight hundred and forty seven and is hereto annexed that he was present on the said thirtieth day of November and saw the said John Birchall deceased duly execute the same as and for a codicil to his last will and testament by signing his name thereto at the foot or end thereof as it now appears George Hancock the other attending witness being also present at the same time and this a deponent and the said George Hancock did then in the presence of the said testator and of each other attest the same as witnesses by signing their names thereto as they now appear.            James Lamb.

Sworn at Northwich the day and year aforesaid before me - John Armiston, Surrogate.

Probate issued sixth day of May 1852.

Charles Dickinson 1860.

This is the last will and testament of me Charles Dickinson of Sandbach in the County of Chester, Gentleman. I direct that all my just debts, funeral and testimonial expenses be paid and discharged. I have only one child my son Thomas Hariam Dickinson and being well aforesaid that what worldly estate it hath pleased God to help me with it if I should please him to open her life will be employed by my dear wife Elizabeth Dickinson to the best advantage of the benefit and providence of my said son if he should happen to survive his mother. I therefore give devise and bequeath unto my said wife Elizabeth Dickinson all and singular my real and personal state of every kind and quality so ever and whenever situate and being behold to her my said wife Elizabeth Dickinson her heir executors administrators and assigns absolutely for ever. And I appoint my said wife sole executor of this my last will and testament hereby voiding all former wills by me made to declare this only to be my last will and testament. In witness which I the said Charles Dickinson have herewith set my hand this seventh day of May in the year of our Lord one thousand eight hundred and forty nine - Charles Dickinson.

Signed published and declared by the said testator Charles Dickinson as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have herewith subscribed our names as witnesses - William Latham, William Fryer.

This is a codicil to my last will and testament dated the seventh day of May one thousand eight hundred and forty nine written on the preceding sheet hereof I give and devise unto William Latham of Sandbach, Gentleman, all my real estate upon trust for my said wife Elizabeth Dickinson as in my said will mentioned and hereby nominate, constitute and appoint the said William Latham executor of my said will along with my said wife and I hereby confirm my said will all other respects. In witness whereof I have hereunto set my hand this twenty seventh day of February one thousand eight hundred and sixty - Charles Dickinson - signed and acknowledged by the said Charles Dickinson as a codicil to his last will and testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses - William Chikun, Sandbach, shoemaker - Charles Latham Sandbach, surgeon.

The testator died ist day of March 1860. Proved on the 11th day of April 1860 by the oaths of Elizabeth Dickinson, widow of the testator and William Latham.

George Steele 1860.

This is the last will and testament of me George Steele of Sandbach in the county of Chester, yeoman. I give and devise all those my messuages or dwelling houses, shops and premise with the appurtenances situate in Hawk Street in Sandbach aforesaid unto my dear wife Ann Steele and her assigns for her life. And all the rest, residue and remainder of my real and leasehold property where so ever situate as also after the death of my wife the messuages or dwelling houses, shops and premises before given to her for her life I give and devise unto my son in law George Furnival, the younger, and Ann his wife for their joint lives and for the life of the survivor of them. And from and after the decease of the survivor I give and bequeath the same unto between and equally amongst all and every child and children of the said George and Ann Furnival and their respective heirs executors administrators and assigns and I hereby direct that if any of the said children shall happen to die in the lifetime of their parents leaving any child or children then and in such case such last mentioned child or children shall be entitled to such and the same shares of and in any below mentioned property as his her or their deceased parent or parents would have been entitled to if living, share and share alike. I give and bequeath unto my daughter Ann provided I shall not have given the same to her in my lifetime the following articles which belonged to her late mother, namely clock in oak case, chest upon chest in herein place, half a dozen old chairs. half a dozen mahogany chairs. bedstead with the feather bed and other articles belonging thereto on which I now sleep, mahogany stand upstairs, mahogany chest of drawers upstairs and an old oak chest. All the rest of me personal property including money and securities for money I give and bequeath unto my said wife save and except the weighing machine with its appurtenances which I give to the said George Furnival, the younger, with a request that the same may never be removed so long as my estate term and interest in the house in which I now reside may continue  And I nominate and appoint my said wife sole executor of this my will and hereby revoking all former wills I publish and declare this to be my last will and testament. In witness where of I have here unto set my hand this eleventh day of June one thousand eight hundred and fifty nine - George Steele - signed published and declared by the said George Steele the testator as and for his last will and testament in the presence of us present at the same time and at his request in his presence  and in the presence of each other have subscribed our names - Wm Latham solicitor Sandbach - William J Ricketts his clerk.

Proved on the 13th day of April 1860 by the oath of Ann Steele widow of the testator the sole executor.

John Budd (1810-53)

This is the last will & testament of me John Budd of London County of Middlesex recently of Liverpool in the County of Lancaster. Firstly I devise that all my just debts, funeral and testament expenses to be paid and satisfied by my executors hereinafter named as soon as reasonably may be after my decease and secondly I give devise and bequeath .... Edward Budd my brother and Edward Sahoit Budd my cousin .... pounds in trust for ... ... my illegitimate child now under the ... of P Brabley solicitor, Lower Castle Street, Liverpool. I give and bequeath all remaining ... and my household furniture linen ... books plate pictures china ... ... ...  and also all and every items and sums of money which may be in my house and about my person or which may be put to use at the ... of my ...

and also all of my monies invested in stock funds and securities for money book debts ... .... bills notes or other securities and all and every other my estate and effects what so ever and where so ever real and personal whatsoever in possession

Louisa Edwards seven shillings per week for seven years to and for their own use and benefit absolutely and I do ... ... and appoint the said Edward Budd and Edward Sahobit Budd to be executors to this my last will and hereby revoking all former and other wills by act at any time ... ... I declare this to be my last will and testament ... at ... day of September in the year of our lord one thousand eight hundred and fifty three

John Budd signed by the said John Budd in the presence of us present at the same time

our names as witnesses in the presence of the said testator and each other -

James Standen, 10 Broadley Terrace, Blandford.

Elixa Parry, Nethey Cottage, Hampstead.

John Budd will September 13th 1853. In the Prerogative Court of Canterbury. In the goods of John Budd deceased.

 

Ralph Ryder 1864.   Born in Sevenoaks. Farmer.

Ralph Ryder (1798-1863) of Hartford. Sons George, Thomas, Peter. Freehold houses at Castle, Northwich and Sevenoaks.

In trust for wife Hannah. Then sell by public auction or private contract. Equally divided between George, Thomas, Peter, Ann ... or the grandchildren. George, Thomas, Peter executors.

Witnesses Robert Poole, Northwich, John Price, Witton.

Farmer, of Turnpike Tolls and formerly a publican. Died 1863.

John Ryder 1866.

John Ryder (-1865) Gentleman of Hartford. Jesse John Holmes of Northwich and Isaac Wilson of Oakmere, Innkeeper, executors. Nephew Harry Billington, £50. Great niece Elizabeth Birkenhead and Great nephew William Birkenhead, £20 each. Nephew Edward Arlbury, £5 annually for life. Housekeeper Susanna Fenner, £5 annually for life.

Great Nephew Ralph son of Nephew Peter. Witnesses Christopher Cheshire, Solicitor, Northwich. James Briscoe, his Clerk. Probate 1866.

Peter Hindley (1811-1889)

This is the last will and testament of Mr Peter Hindley of Barnton. Shoemaker. I direct that my funeral expenses be paid out of the money which will be due to me at my death from the 'Liverpool Victoria Legal Friendly Society' and that the balance, if any, go to my estate. I give devise and bequeath to my wife Martha Hindley the sum of ten shillings per week to be paid monthly out of my estate for her life. I also give devise and bequeath to my said wife whatever household furniture she may require and I direct that the remainder be sold immediately after my death and that the proceeds of such sale be placed in the bank to the credit of my estate. I also give devise and bequeath to my son Edward Hindley all the stock and tools and whatever is in the workshop belonging to the trade or business of shoemaker. I also direct that after my death all debts owing to me be collected by my executors and be deposited in the Bank to the credit of my estate until the death of my wife Martha Hindley. Then I further direct that at my said wife's death the whole of my estate be divided shared and shared alike amongst my children namely, James Hindley, Thomas Hindley, Peter Hindley, Edward Hindley, Samuel Hindley, Mary Foster wife of Joseph Foster of Sandiway, Shoemaker and Jane Gates wife of John Gates of Runcorn, Clerk. I nominate, constitute and appoint my two sons Thomas Hindley and Edward Hindley to be the executors of this my will. And hereby revoking all former or other wills by me at any time made. I the said Peter Hindley do declare this to be my last will and testament. In witness whereof I the said Peter Hindley have set my hand this fourth day of August in the year of our Lord one thousand eight hundred and eighty six. Signed by the testator, Peter Hindley, and acknowledged by him to be the last will and testament in the presence of us present at the said time and subscribed by us in the presence of the said testator and of each other, Samuel Lancaster Laidman of Barnton, Clerk in Orders and John Croft of Barnton, Waterman.

At Chester on the 9th December 1889 notice of this will was granted to Thomas Hindley and Edward Hindley the executors.

NB The main witness to Peter's will was Samuel Lancaster Laidman - Vicar of Christ Church, Barnton.

Name - Rev. Samuel Lancaster LAIDMAN, 3084, P1132. Birth 1835, Bootle, LAN. Death12 Apr 1897, Barnton, CHS. Occupation, Clerk in orders, Father - David LAIDMAN , 3477, O1896 (1809-1862) Mother - Eleanor Ann Hannah LANCASTER , 9470 (1814-1879).

Misc. Notes -
1851 census return - HO107/2440 folio 237 page 1
Tirril Lodge, Sockbridge & Tirril, Westmorland
Samuel Laidman, pupil, 15, scholar, born Bootle, Lancs
1861 census return: RG9/3272 folio 55 page 9
Longwoodgate 594, Longwood, Yorkshire
Mary Ann Shaw, Head, W, 58, Proprietor of Houses, born Yorkshire Cawcliffe [ for Cowcliffe?]
Sarah Crosland, Daur, W, 32, born Yorkshire Longwood
Jane Crosland, Granddaur, 7, Scholar, born Yorkshire Longwood
Saml. L Laidman, Lodger, Un, 24, Curate of St Marks Longwood, born Lancashire Bootle
Joseph Gledhill, Visitor, Widr, 32, Curate of St Bartholomews Ripponden, born Yorkshire Honley
1881 census return: RG11/3520 folio 25 page 11
Church Lane, Barnton, Cheshire
Saml. L. Laidman, head, married, 44 , Vicar of Barnton, born Bootle, Lancs.
Alice Laidman, wife, married, 35, Vicar Wife, born Mitton, Lancs.
Herbert L. Laidman, son, 10, scholar, born Pemberton, Lancs.
1891 census return: RG12/2835 folio 38 page 46
Chester, Barnton, Church Lane
Samuel L. Laidman, Head, Married, Vicar Barnton (Clergy), born Lancaster Bootle
Alice Laidman, Wife, Married, 46, born Lancaster Bailey
Herbert L. Laidman, son, single, 20, Medical Student, born Lancaster Pemberton
Occupation 'Clerk in orders' taken from marriage certificate GRO D1865 Ormskirk 8b 1150
18.10.1865: Bickerstaffe, Cheshire82,129.
The Times, 31 August 1867, pg. 10, col. F (news) -
CHURCH APPOINTMENTS AND VACANCIES -
The Rev. Samuel Lancaster Laidman, M.A., Licentiate in Theology of the University of Durham, late curate of Trinity Church, Bickerstaffe, has been appointed to the curacy of the Pemberton Colliery Iron School Church, Lancashire.
From A Brief History Of St Matthew’s Church, Highfield:
In 1867 Colonel Henry Blundell, the owner of the Pemberton Collieries, built the Pemberton Colliery Iron School Church which stood on the corner of Foundry Lane and Billinge Road, and the Revd Arthur Coates, Vicar of St John’s, Pemberton, in which Parish Highfield then stood, appointed the Revd Samuel Lancaster Laidman to be the first Curate in Charge of the Iron School Church.
This building, along with a house for the Curate and another for the Schoolmaster, was the beginning of the many generous gifts which Colonel Henry Blundell made to St Matthew’s, to provide education and spiritual teaching to his workers and their families as well as to anyone else in the area who came to the school and church.
The Revd Laidman left Highfield in 1871
“Weaverham (ca SJ 612742)
We revisited St. Mary's Church at Weaverham, the home village of the present David Laidman, to check on the grave of his g. grandfather.
His gravestone takes the form of a stone cross with the following engravings below -
In loving memory of the Rev. Samuel Lancaster Laidman 20 years Vicar of Barnton and formerly Curate of this Parish who entered into rest April 12th 1897 aged 60 years.
Also Alice Laidman his widow died June 7th 1927 aged 82 years RIP.
Also Herbert Lancaster Laidman their son died April 27th 1812 aged 41 years Peace Perfect Peace.
Barnton (ca SJ 635750)
We revisited Barnton also to collect some missing information about the Rev. Samuel Lancaster Laidman.
In Christ Church, Barnton there is a stained glass window commemorating him. It is the centre of one three commemorative window at the east end of the chancel. Its inscription reads -
To the Glory of God and in Memory of the Rev Samuel Lancaster Laidman 20 years Vicar of this Parish (1877-18)97
The characters in brackets could not be read with certainty due their poor condition.
In the porch of the church there is a slate plaque engraved with a list of the vicars of the parish. The entry for my g. grandfather reads -
1877-1897 : Samuel Lancaster Laidman LT Durham Univ”
1897 LAIDMAN the reverend Samuel Lancaster of the vicarage Barnton Cheshire clerk who died 12 April 1897 Administration Chester 13 August to Alice Laidman widow. Effects £1220.11s.2d.
The Times, 27 April 1897, pg. 12, col. A (ecclesiastical intelligence) :
ECCLESIASTICAL INTELLIGENCE
The Bishop of Chester has offered the benefice of Barnton, near Northwich, Cheshire, which recently became vacant by the death of the Rev. S. L. Laidman, to the Rev. O. E. Rice, curate of Christ Church, Crewe, and it has been accepted by him.

NB Barnton Cricket Club was first organised in 1880 by the local vicar, the Rev Samuel Laidman.

Edward Hindley (1858-1935)

This is last will and testament of me Edward Hindley of The Poplars, Barnton, Nr Northwich in the County of Chester, one of His Majesty's Justices of the Peace for the said County.

1. I appoint my wife Harriet Hindley, my sons Samuel Hindley and Peter Hindley and Harold Moreton Moss of Northwich in the said County, Solicitor (hereinafter call 'my Trustees') to be the Executors and Trustees of this my Will and I declare that the expression 'my Trustees' shall where the context permits mean and include the trustees or trustee for the time being hereof whether original or substituted and I declare that my Trustees shall be trustees hereof for all the purposes of the Settled Land Act 1925.

2. I give to my said wife Harriet Hindley all my personal chattels as defined by section 35 (i) X of the Administration of Estates Act 1925 and if my said wife shall die before me then I give such personal chattels to my daughter Eda Booth absolutely.

3. I give my freehold dwelling house garden garage and premises occupied therewith known as The Poplars, Barnton aforesaid (but not including in this devise the croft or field adjoining The Poplars aforesaid containing one thousand nine hundred and twenty five square yards or thereabouts which I have bought or agreed to buy from John Henry Arthur Whitley unto my Trustees in Trust for my said wife during her life she paying all the outgoings in respect of the said dwelling house and keeping the same insured against loss or damage by fire and in repair and I declare that my Trustees shall not be obliged to see that my said wife keeps the said dwelling house insured and in repair nor be answerable for any damage or injury thereto during the lifetime of my said wife I GIVE the said dwelling house and premise to my daughter Eda Booth and I direct that if she accepts this gift she shall bring into hotchpot and account for as part of her share in the trust fund the sum of Six hundred pounds but she shall not be called upon to do this until after the death of my said wife and in the meantime such sum shall not carry interest. If my said daughter shall not desire to reside in the said house it is my wish that she shall let it to my son Edward Hindley Junior at a reasonable rent if he desires to occupy it.

4. I give to my Trustees the legacy or sum of one thousand pounds UPON TRUST that my Trustees shall invest the same with the power from time to time to vary the investment thereof and shall stand possessed of the said legacy of one thousand pounds and the investment thereof UPON the trust following (that is to say) IN TRUST to pay the income thereof to my daughter-in-law Beatrice Hindley during her life if she shall so long remain the wife or widow of my son Fred Hindley. And upon her death or ceasing during her life to be the wife of my said son by divorce or other cause than his death or upon her remarriage if left his widow IN TRUST for all the children of my said son Fred Hindley by the said Beatrice Hindley who attain the age of twenty one years or marry under that age in equal shares and if there shall be be only one such child the whole of the trust for that one child.

5. I DEVISE and bequeath all my real and personal estate not hereby otherwise disposed of unto my Trustees UPON TUST that my Trustees shall sell call in and convert into money the same or such part thereof as shall not consist of money and shall out of the moneys produced by such sale calling in and conversion and out of my ready money pay for my funeral and testamentary expenses and debts and the legacies bequeathed by my will or any codicil hereto and shall invest the residue of the said moneys with power to vary the investment. And shall stand possessed of the residue of the said moneys and the investments for the time being representing the same (hereinafter called 'the Trust Fund') upon trust to pay the income thereof to my said wife during her life and after her death IN TRUST for all my children living at my death and if more than one in equal shares but subject as to the shares of my said daughter Eda Booth and my son Fred Hindley to the Trusts hereinafter declared concerning the same.

6. As to the share of my said son Fred Hindley I DECLARE that if such son shall survive me my Trustees shall retain his share in the Trust Fund and hold the income thereof on protective trust as declared by Section 33 of the Trustees Act 1925 for the benefit of my said son Fred Hindley for the period of his life. And after the death of the said Fred Hindley then IN TRUST for all his children who attain the age of twenty one years or marry under that age in equal shares and if there shall be only one such child he whole to be in trust for that one child. And if there shall be no child of the said Fred Hindley who attains the age of twenty one years or marries under that age then IN TRUST for my other children living at my death and in more than one in equal shares.

7. As to the share of my said daughter Eda Booth I DECLARE that my Trustees shall retain the share of such daughter in the Trust Fund upon the trusts following that is to say UPON TRUST to pay the income thereof to my same daughter for her life without power of anticipation during any coverture but with power for her to appoint by will or codicil that after her death the whole of any part of such income shall be paid to any husband of hers who may survive her during her his life or less period. And after the death of such daughter and subject to any appointment which maybe made to her husband as aforesaid IN TRUST for all the children of my same daughter who attain the age of twenty one years or marry under that age in equal shares and if there be only one such child the whole to be in trust for that one child. And in case there shall be no child of my same daughter who attains the age of twenty one years or marries under that age then the share of such daughter in the Trust Fund shall be held IN TRUST for my other children living at my death in equal shares.

8. PROVIDED ALWAYS that if any child of mine shall die in my lifetime leaving a child or children living at my death who attain the age of twenty one years or marry under that age then and in every such case the last mentioned child or children shall take (and if more than one equally between them) the share which his her or their parent would have taken in the Trust Fund if such parent had survived me.

9. SUBJECT to the provisions hereinbefore contained I EMPOWER my trustees to postpone the sale calling in and conversion of my property or any part thereof for so long as they shall think fit and so that no reversionary interest be sold unless my trustees see special reason for the sale AND DIRECT that the net rents and income of my real and personal estate which shall for the time being remain unsold uncalled in and unconverted shall be paid and applied to the person or persons and in the manner to whom and in with the income of the proceeds of such sale calling in and conversion would for the time being be payable or applicable under my will if such sale calling in and conversion had been actually made.

10. I DECLARE that the following children shall bring into hotchpot and account for as part of their shares in the Trust Fund the sums following (that is to say) my said son Sam Hindley the sum of eight hundred pounds my said son Fred Hindley the sum of one thousand six hundred pounds my said son Peter Hindley the sum of two hundred pounds. I further Declare that the sons mentioned in this clause shall not be called upon to account for the said sums until after the death of my said wife and such sums shall not carry interest either during my life or during the life of my said wife.

11. WHEREAS to my said son Edward Hindley Junior has lent the sum of two hundred pounds to my said son Fred Hindley the sum of two hundred pounds to my son Peter Hindley and the sum of one hundred pounds to my son Tom Hindley NOW I HEREBY DIRECT that so much of the said sums as shall not have been repaid shall be deducted from the respective shares in the Trust Fund of the said Fred Hindley Peter Hindley and Tom Hindley and paid to my said son Edward Hindley Junior for his own benefit and this notwithstanding that the recovery of such loans by action may be barred by virtue of the operation of any statute of Limitation of Actions.

12. I DECLARE that my said son Edward Hindley Junior shall have the option to be exercised within six calendar months of my death by a notice in writing given to my trustees or any one of them purchasing the said croft adjoining The Poplars aforesaid or any part thereof at the price of five shillings per square yard PROVIDED ALWAYS that no purchaser or other person dealing with my executors or trustees for money or moneys worth shall after my death be concerned to see or enquire whether such option shall have exercised nor be affected by notice that such option has been exercised.

13. I EMPOWER my Trustees to sell or concur in selling all or any property whether real or personal for the time being subject to the trusts thereof or any property held by me jointly with any other person or persons upon or partly upon credit and without any or with such security as my Trustees shall think fit.

14. I DECLARE that all moneys liable or authorised to be invested under this my will may be invested in or upon any investments or securities ( including real estate and foreign investments and foreign securities) in or upon which my Trustees may in their absolute discretion consider it desirable to invest the same. And such moneys may pending or whilst in search of an investment be deposited at any bank (British Colonial or Foreign) at interest or otherwise.

15. I DECLARE that in addition to the powers conferred by section 41 of the Administration of Estates Act 1925 and notwithstanding the trust for sale calling in and conversion hereinbefore contained my Trustees may apportion or appropriate any money investments or other specific property whether real or personal subject to the trusts of my will between the persons entitled thereto or to or towards any legacy or share in the Trust Fund as they may think proper and for those purposes may fix the value of the said investments and property as apportioned or appropriated and every such apportionment appropriation and valuation shall be binding on all persons then or thereafter interested under this my will and that the consents required by section 41 of the said Act shall not be required to an appropriation or apportionment made under this power.

16. I EMPOWER my Trustees to agree compromise and settle accounts and disputes and for that purpose to execute and give effectual receipts releases and discharges.

17. I DECLARE that my Trustees may instead of acting personally employ or pay a Solicitor or other person to transact any business or do any act required to be done in connection with the administration of my estate or the trust hereby declared including the receipt and payment of money and that the said Harold Moreton Moss or any trustees being a Solicitor may be so employed or being sole Trustees may so act And the said Harold Moreton Moss or any Executor or Trustee being a Solicitor shall be entitled to charge and be paid for all work done and time expended by him or his firm in connection with the administration of my estate or the trusts hereby declared including any business or work which an executor or trustee not being a Solicitor could have done personally.

18. I AUTHORISE my Trustees to determine what articles pass under any specific bequest contained in my will or any codicil hereto and whether any moneys are to be considered as capital or income and whether any expenses outgoings or other payments ought to be paid out of capital or income and how valuations are to be made or value determined in any cases arising under this my Will or the trusts and powers hereof or otherwise for any of the purposes of this my Will or any Codicil hereto to determine all questions and matters of doubt arising in the execution of the trusts and powers of this my Will or any Codicil hereto or in the construction of this my Will or any Codicil hereto including any question or dispute at any time arising between any of the beneficiaries under this my Will or any Codicil hereto or any person claiming under such beneficiaries or any of them as to the true construction thereof or the amount or duration of any benefit hereby or by any Codicil hereby conferred or otherwise howsoever. And I declare that every such determination whether made upon a question actually raised or implied in the acts of or proceedings of my Trustees shall be conclusive and binding on all persons interested under this my Will or any Codicil.

19. I DECLARE that the Trustees or Trustee for the time being of this my Will may exercise all powers authorities and discretions hereby or by any Codicil hereto or by law given to or vested in my Trustees notwithstanding that they or any of them he or she may have a direct or other personal interest in the mode or the result of exercising any such power authority or discretion. And no act purporting to be done in the exercise or execution of any such powers authorities or discretions shall be in any way impeached or questioned on the grounds of the Trustees or Trustee doing or participating or concurring in the doing of such act being personally interested directly or otherwise in the mode or result of the exercise thereof.

20. I DECLARE that the said Harriet Hindley Samuel Hindley and Peter Hindley or any of them may notwithstanding their being executors and trustees of this my Will become purchasers or the purchaser of any part of the real or personal property for he time being subject to the trust of my Will at any public sale or sales thereof or by private contract provided in the latter case that the sale shall be conducted on behalf of my estate by the trustee or trustees other than the purchasing trustee or trustees or shall be at a price fixed by a competent person named by such other trustee or trustees.

21. I DECLARE that in the administration of my estate or the professed execution of the trusts and powers of my Will my Trustees shall not be liable for any loss to my estate or the Trust Funds arising by reason of any improper investment made in good faith or the negligence or fraud of any agent employed by them or any of them although employment of such agent was not necessary or expedient or by reason of any mistake or omission made in good faith by my Trustees or any of them or by reason of any other matter or thing except wilful and individual fraud or wrong doing on the part of the Trustee who is sought to be made liable.

22. I DECLARE that the rule or principle declared in the cases of Allhusen v. Whitell and Holgate v. Jennings and which is sometimes called 'the Rule in Allhusen v. Whitell' shall not apply in the administration of my estate and I expressly negatively such Rule and declare that a tenant for life under this my Will shall as from my death be entitled to the income produced by any part of my estate subsequently used in payment of funeral and testamentary expenses duties debts legacy succession and other expenses properly payable out of residue.

23. I DECLARE that all estate legacy succession and other duties payable on or by reason of my death in respect of my real or personal estate or any part thereof or in respect of any legacy devise bequest or benefit given by this my Will or any Codicil hereto shall be paid out of my residuary estate as  testamentary expenses.

24. AND I REVOKE all prior Wills.

IN WITNESS whereof I have hereunto set my hand this second day of October one thousand nine hundred and twenty nine.

E HINDLEY.

Signed by the said Testator Edward Hindley  as and for his last Will and Testament in the presence of us both being present at the time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses

E H Gough - Clerk with Mr H M Moss - Solicitor, Northwich.

F J Nixon - Clerk with Mr H M Moss - Solicitor, Northwich.

THIS IS A CODICIL to the LAST WILL of me Edward Hindley of The Poplars Barnton near Northwich in the County of Chester which Will bears the date the second day of October one thousand nine hundred and twenty nine.

1. I APPOINT my son Edward Hindley Jr to be an executor and trustee of this my Will in place of my wife Harriet Hindley (who has died since the execution of my said Will) and jointly with my sons Samuel Hindley and Peter Hindley and Harold Moreton Moss the other executors and trustees appointed by my said Will.

2. I DEVISE the piece of land containing approximately nine hundred and seventy eight square yards adjoining and on the westerly side of The Poplars aforesaid and which is numbered 11 on the buildings site plan of my land at Barnton prepared for me by Mr F R Ellery Architect of Northwich on or about the fifth day of June one thousand nine hundred and thirty four to my daughter Eda Booth absolutely.

3. I DIRECT that my sons Samuel Hindley Peter Hindley Fred Hindley and Edward Hindley Jr shall bring into hotchpot and account for as part of their shares the following sums which I have advanced to them or expended for their benefit or so much thereof as may be owing to me at my death (namely) the said Samuel Hindley the sum of two thousand pounds, the said Peter Hindley the sum of (two thousand pounds) one thousand seven hundred and fifty pounds the said Fred Hindley the sum of one thousand pounds and the said Edward Hindley Jr the sum of one thousand pounds. AND I DIRECT that such sums shall not be charged or claimed as debts owing to me from them but every such sum whether legally constituting a debt or not shall be brought into account by way of hotchpot in the division of my residue estate.

4. And all other  respects I confirm my said Will.

IN WITNESS whereof I have hereunto set my hand this fifteenth day of November one thousand nine hundred and thirty four.

E HINDLEY

SIGNED by the said Edward Hindley by making his mark thereto he being unable through illness of writing his name as a Codicil to his last Will (the same having been previously read over to him by Harold Moreton Moss of Northwich Solicitor when he appeared thoroughly to understand and approve of the same in the presence of us both being present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses

FRANK BOOTH - 151 Runcorn Road, Barnton - Medical Practitioner

FRANK SIMPSON - 4 Hickson Street, Barnton - Chauffeur.

THIS IS A SECOND CODECIL to the last Will of me Edward HINDLEY of The Poplars Barnton near Northwich in the County of Chester Gentlemen which Will bears the date the date the second day of October one thousand nine hundred and twenty nine.

1. I DIRECT that my son Thomas Hindley shall bring into hotchpot and account for as part of his share in the Trust Fund the sum of five hundred pounds which I have advanced to him or expended for his benefit AND I DIRECT that the said sum of five hundred pounds shall not be charged or claimed as a debt owing to me from him but such sum whether legally constituting a debt or not shall be brought into account by way of hotchpot in the division of my residuary estate.

2. And in all other respects I confirm my said Will.

N WITNESS whereof I have hereunto set my hand the thirty fist day  of January one thousand nine hundred and thirty five.

E HINDLEY

SIGNED by the said Testator Edward Hindley as and for a second Codicil to his last will and testament in the presence of us both being present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses

FRANK BOOTH - 151 Runcorn Road, Barnton - Medical Practitioner

P B HODGSON - Articled Clerk with H M Moss Esq. - Solicitor, Northwich.

Thomas Gibson (1822-1894)

This is the last will and testament of me Thomas Gibson of Kingsley Water Mill revoking all other wills. I leave unto my wife Sarah Gibson the sum of twenty pounds. Also I leave unto her all my households goods and chattels and pictures for her use during her life and at her decease then I order the aforementioned goods, chattels and pictures to be sold by private sale and the money ensuing there from be divided amongst my children Anne Andrews, Alfred Gibson, Sarah Hunt, Emily Andrews, Mary Mountfield, George Gibson and my grandchildren Sarah Gibson, Ada Gibson, Jessy Gibson and Thomas Gibson, children of my late son Edwin Gibson equally their heirs or assigns. Also I leave unto my wife Sarah all my Kingsley Water Mill houses buildings land gardens pool and all belonging there unto unto her for the term of her natural life and at her decease then I order the aforementioned mill houses buildings land gardens pool and all belonging there unto to be first offered to my son Alfred Gibson for the sum of one thousand ponds and if he refuses to give the aforementioned price for the property then he must give notice in two months in writing to one of the executors that he refuses the offer and I then order the mill houses buildings land gardens pool and all belonging there unto to be sold by public auction and the money arising from the sale thereof to be divided amongst my children Anne, Alfred, Sarah, Mary, Emily and George and my grandson Thomas Gibson son of Edwin Gibson deceased, equally their heirs or assigns. And one share along with the aforementioned to my grandchildren Sarah Gibson, Ada Gibson, and Jessy Gibson children of my late son Edwin equally their heirs or assigns. And as to wriar money I may die possessed of whether out at interest or otherwise I leave unto my children Anne, Alfred, Sarah, Mary, Emily and George equally their heirs or assigns and one share along with the aforementioned unto my grandchildren children of my son Edwin deceased Sarah Gibson, Ada Gibson, Jessy Gibson and Thomas Gibson, equally their heirs or assigns. I appoint James Hunt grocer of Kingsley and my son George Gibson executors of this my last will and testament. As witness my hand this thirteenth day of March one thousand eight hundred and ninety three - Thomas Gibson - witnessed by us at the request of the testator and in his presence both being present at the same time and in each others presence we have set our hands as witnesses - John Starkey - Samuel Thomas Robinson.

On the 18th June 1894 Probate of the will was granted at Chester to James Hunt one of the executors.

William Alfred Gibson (1881-1975)

This is the last will and testament of me William Alfred Gibson of Kingsley Mill, Frodsham in the County of Chester and I hereby revoke all former wills and testaments heretofore made by me.

1. I appoint my son Thomas Gibson of Greenbank Farm, Kingsley, Frodsham inthe County of Chester, Miller and Corn Merchant to be the sole Executor and Trustee hereof.

2. I bequeath a legacy of one hundred and seventy five pounds to my daughter Mary Makin.

3. I bequeath a legacy of  one hundred and seventy five pounds to my daughter in law Annie Gibson.

4. I bequeath my assets known as my Churchill books which were presented to me by Lord Leverhulme and any insignia I have been honoured with in recognition of public services to the said Thomas Gibson and I bequeath my remaining books and pictures to my grandchildren John Gibson and Jean Moores in equal shares.

5. Subject to the prior payment of all my just debts and funeral and testamentary expenses and death duties I give devise and bequeath all my residuary estate real and personal whatsoever and wherever situate, subject as hereinafter provided, to my trustee for his own use and benefit subject to him paying half yearly and in advance an annuity of four hundred pounds per annum to the said Mary Makin during her life or for seventeen and a half years from the date hereof whichsoever shall be the shorter.

In witness whereof I have set my hand this 11th gay of October 1971.

Signed by the said William Alfred Gibson as and for his last will in the presence of us both being present at the same time who at his request and in his presence and in the presence of each other have hereunto subscribed our names as witnesses

William Alfred Gibson

Ernest Mason

Mary Barker

George Edwin Hormbrey (1881-1961)

This is the last will and testament of me George Edwin Hormbrey of 'Maydene' Station Road, Delamere, near Northwich in the County of Chester, Retired Butcher.

1. I hereby revoke all former wills and testamentary dispositions heretofore made by me.

2. I appoint my son Harry Hormbrey and my grandson Brian Hormbrey and my solicitor Herbert Cecil Rigby (hereinafter called my trustees) to be executors and trustees of this my will.

3. I give devise and bequeath all my real and personal property whatsoever and wheresoever unto my trustees upon trust for sale and to pay the income arising from my estate unto my dear wife Frances during her life and after her death the following provisions shall have effect.

4. I bequeath my China Cabinet and contents to my granddaughter Ellen Hormbrey.

5. I bequeath my picture 'Babes in the Wood' to my granddaughter Barbara Hormbrey

6. All the rest of my furniture and the contents of my house at 'Maydene' Delamere aforesaid I bequeath to my son the said Harry Hormbrey absolutely

7. I bequeath the sum of four hundred pounds to my niece Elsie Cuffwright of Wilmslow.

8. I bequeath the sum of one hundred pounds to my grandson Harry Vincent Hormbrey.

9. I bequeath the sum of one hundred pounds to my grandson George Percival Hormbrey.

10.  I bequeath the sum of one hundred pounds to my granddaughter Ann Walker.

11. I bequeath my farm known as Daleford Farm (but not including Daleford House) unto my trustees upon trust for sale with power to postpone the sale in their absolute discretion and to pay the income derived therefrom in equal shares to the Royal Commonwealth Society for the Blind of 121 Victoria Street, London12 and the Institute for the Deaf of 105 Grove Street London WC1 and I direct that should any time my trustees sell the said Daleford Farm the net proceed of sale shall be paid equally between the said Commonwealth Society for the Blind and the said Institute for the Deaf.

12. I devise my two shops in Crown Street Northwich and Daleford House unto my trustees upon trust to pay the income derived therefrom after payment of all outgoings including repairs to my son the said Harry Hormbrey during his life and after his death they shall form part of my residuary estate.

13. I give devise and bequeath all the rest of my real and personal property whatsoever and wheresoever hereinafter called my residuary estate unto my trustees upon trust to sell and convert into money all such parts as shall not consist of money and after the payment of all death duties payable by reason of my death I direct that my residuary estate shall be divided equally between my following grandchildren -

(a) the said George Percival Hormbrey

(b) Winifred Pimblott

(c) the said Harry Vincent Hormbrey

(d) Peter Hormbrey

(e) the said Brian Hormbrey

(f) Norman Hormbrey

(g) Alixe Yarwood Ackerley

(h) the said Ann Walker

14. Should any beneficiary mentioned in this my will die in my lifetime leaving a child or children shall take the share which his, her or their parent would have taken had he she or they survived me.

15. I hereby authorise the said Herbert Cecil Rigby to make all normal professional charges in connection with the administration of my estate notwithstanding he is a trustee hereof.

In witness whereof I have hereunto set my hand this twenty third day of February One Thousand Nine Hundred and Sixty.

Signed by the testator as and for his last will in the presence of us both being present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses - the words 'and Daleford House' and the word 'they' in clause 12 having first been inserted.

George Hormbrey

M Ward                                     A Robinson
25 Bigalwalle Road                Station Farm
Sandbach                                Oakmere
Spinster                                    Housewife

 

William Hindley (-)

WILL OF WILLIAM HINDLEY OF MIDDLE HULTON 1687
In the name of God, Amen, the ninth of May in the first year of our Sovereign Lord James 2nd, King of England, Scotland and in the year of our Lord 1687, I, William Hindley of Middle Hulton in the County of Lancashire, husbandman, being somewhat weak of body but of sane and perfect memory, I praise God for the same, do make this my last will and testament and making void by these present all former will or wills and testament or testaments heretofore by me made or declared and this to be my last will and testament and no other. First and principally I commend my soul into the hands of Almighty God hoping for a joyful resurrection, and my body to be buried at my parish church of Deane. As touching the disposal of my temporal estate real and personal goods, chattles and debts as the Lord hath been pleased to bestow upon me, after my debts and funeral expenses are paid and discharged I do order, give and dispose as followeth. Viz I give to John Hindley my son a dishboard and folding board and a fall board and forms about the fire, three augers and 2 chisels, and a gauge and handsaw and a plane and an ark. Item I give to Ann Hindley my daughter the bed stocks she lieth in and all my bedding and a cupboard. Item I give to my daughter Ellen Eckersley a cover which she hath already in her possession, and as concerning the rest and remainder of all my personal estate I give to be equally divided between Ann Hindley and Ellen Eckersley my daughters, and as concerning the house which I now dwell in and the 2 crofts and garden and orchard I give to Ann Hindley my daughter to the lease end and as for the two years which is in my lease after Richard Edge's bargain is up First I give to John Hindley my son the house which John Greenaugh dwelleth in but as concerning all the profits of the tenement I give to be equally divided between Ann Hindley and Ellen Eckersley paying out all lease and rents to Church, King and Lord and to John Greenaugh for what damage the coal pits do him and lastly I do constitute approve and ordain my good friends Thomas Eckersley and Ann Hindley soul executors of this my last will and testament hoping they will discharge the trust I repose in them. In witness whereof I have put to my hand and seal the day and year above said.

In witness hereof I do seal deliver publish and declare this to be my last will and testament his mark His letter: William Hindley
W

John Falstow (his mark)
Thomas Morris
Ann Morris (her letter)

 

 

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