In the name of God Amen. I, Elizabeth Myerscough of Stalmine with Staynall in the county of Lancaster, spinster, being of sound and disposing mind, memory and understanding do make publish and declare this my last will and testament in manner and form following, hereby revoking and making void all and every other will or wills, codicil or codicils by me at any time heretofore made. And I first order and direct all my just debts, my funeral expenses and the charges of proving this my will to be paid and discharged forth and out of my personal estate not hereinafter specifically bequeathed.
And I give and bequeath unto James Myerscough, son of my brother William Myerscough, one feather bed, bedding, bedstocks and furniture thereto belonging.
And I give and bequeath unto James Gardner, son of my sister Mary Gardner, wife of Nicholas Gardner, one other feather bed, bedding, bedstocks and furniture thereto belonging.
And I give and bequeath unto Jane Gardner, daughter of the said Mary Gardner, one corner cupboard and a spinning wheel.
And I give and bequeath unto Ellen Myerscough, daughter of John Myerscough, son of my brother William Myerscough, a cloaths chest and a spinning wheel.
And I give and bequeath to Barnaby Myerscough, son of the said William Myerscough, the use and wear of a meal chest for his life and after the death of the said Barnaby Myerscough I give and bequeath the said chest and the property thereof unto his son William for ever.
And I give, devise and bequeath all my share or part of the money to arise from the sale of the real estate of my late brother, James Myerscough deceased, to which I am entitled by virtue or under his will, and all my estate and interest therein.
And all the rest, residue and remainder of my money, Securities for money, Goods, Chattels and personal Estate of what kindsoever not hereinbefore specifically bequeathed which shall remain after payment of my said Debts, funeral Expenses and the charges of proving this my will unto Robert Roe and Thomas Smith, both of Stalmine with Staynall, aforesaid Gentlemen, their Executors and Administrators upon Trust, that they or the Survivor of them or the Executors Administrators or Assigns of such Survivor,
- · do and shall receive my share or part of the money to arise from the Sale of the real Estate of my late Brother, James Myerscough, as aforesaid,
- · and do and shall call in and receive such parts of the residue of my said personal Estate as shall consist of money owing on Securities or otherwise,
- · and do and shall sell, dispose of and convert into money such part or parts thereof as shall not consist of money,
- · and do and shall place, lay out and invest all the monies to be produced as aforesaid in the purchase of a competent Share or competent Shares of the parliamentary Stocks or Funds of Great Britain
[end of page]Her mark Elizabeth
Myerscough
or at Interest upon Government or real or good personal Securities in England to be from time to time altered and varied at their or his Discretion,
- · and do and shall pay and apply one Moiety or half part of the Dividends Interest or annual produce thereof when and as the same shall become due and be received into the proper hands of my said sister Mary Gardner
- · for her own sole and separate Use and Benefit for and during the Term of her natural life
- · or to such person or persons as she shall, by any writing signed with her own proper hand from time to time (but so as not to deprive herself thereof by Anticipation) notwithstanding her coverture and whether sole or covert, direct and appoint
- · and so as that her present or future Husband shall not intermeddle therewith and that the same be not subject to his Control, Debts or Engagements and for which the receipts of the said Mary Gardner alone, notwithstanding her present or any future coverture and whether sole or covert shall from time to time be good and sufficient Discharges to my said Trustees and the Survivor of them, his Executors or Administrators of such Survivor.
And from and after the Decease of the said Mary Gardner Then In Trust that they, my said Trustees or the Survivor of them his Executors or Administrators
- · do and shall pay and apply one Moiety or half part of the Stock or principal money and such Interest or annual produce as shall then be due for the same or assign
- · or transfer the Stocks and Securities in which the same shall then be invested unto and amongst the children of the said Mary Gardner in equal Shares and Proportions as Tenants in common.
And my will is that, not withstanding the postponing of the payment, Assignment and Transfer of the Share and Shares of the children of the said Mary Gardner of and in the said Moiety of the said Trust Fund, Interest and Dividends until after the Decease of the said Mary Gardner such share and shares shall be and be deemed and considered as a vested Interest and vested Interests in such of them as shall happen to die in the Lifetime of the said Mary Gardner leaving Issue who shall be living at this time of the said Mary Gardner's Death.
And upon further Trust that they, the said Robert Roe and Thomas Smith or the Survivor of them, his Executors or Administrators,
- - do and shall pay and apply the other or remaining Moiety or half part of the Dividends, Interest or annual produce of the said Trust Fund whom and as the same shall become due and also received unto my said Brother William Myerscough and his assigns for and during the Term of his natural Life.
And from and immediately after his Death Then upon Trust they my said Trustees and the Survivor of them his Executors or Administrators
- - do and shall pay and apply the other or remaining Moiety of the said Stock or principal money and such Interest or annual produce as shall then be due for the same or assign or transfer the Stocks and Securities in which the same shall then be invested unto and amongst the children of my said Brother William Myerscough in equal shares and Proportions as Tenants in common.
And my Will is that notwithstanding the postponing the
[end of page]Her mark Elizabeth
Payment, Assignment and Transfer of the Share and shares of the children of my said Brother William Myerscough of and in the said last mentioned Moiety of the said Trust Fund Interest and Diviends until after the Decease of my said Brother William Myerscough such share and shares shall be and be deemed and considered as a vested Interest and vested Interests in such of them as shall happen to die in the Lifetime of my said Brother William Myerscough leaving Issue who shall be living at his Death.
And I nominate and appoint the said Robert Roe and Thomas Smith Executors of this my Will and do hereby direct that my said Trustees and each of them their (and each of their) Heirs, Executors, Administrators and Assigns shall and may from time to time deduct and refrain by and out of the Monies which by virtue of this my Will or the Trusts hereby in them reposed shall come to their or others of their hands not only all such Costs and Expenses which they or either of them shall or may bear, sustain, expend or be put unto but also all such Sum and Sums of money as they or either of them shall reasonably deserve for his or their Care, Pains and Trouble in about or any ways relating to the said Executorship or the executing or performing all or any of the Trusts aforesaid.
And that they, my said Executors of other of them, their or either of their Execturos or Administrators shall not be charged or chargeable with ……….with any Loss or Damage which may happen in placing any of the monies aforesaid or any part of parts thereof in or upon any such Stocks, Funds or Securities as aforesaid, or in any Bank or Banker's hands or elsewhere for safe Custody,
- · Nor with or for any Loss or Damage which may happen by reason of the Execution or Performance of any of the Trusts hereby in them reposed without his or their respective wilful Default.
- · Nor whall shall they be answerable for the Act, Receipts, Neglects or Defaults of one another
- · but each of them for his own only.
In Witness whereof I have, to the two first sheets of this my Will contained in three Sheets of Paper, set my hand and to this the third and last sheet thereof this my hand and Seal the seventeenth day of December in the year of our Lord one thousand eight hundred and five.
Signed, sealed, published and declared by the said Testatrix
as and for her last Will and Testament in the presence of us
who, as witnesses thereof, have hereunto subscribed
our names in her Presence at her request and in
the presence of each other.The mark of
Elizabeth
Thomas Wilson Junr
Chas Hull
Probate of Will of James Myerscough
24 November 1791
Isabel Myerscough, Executrix and William Myerscough, surviving Executor in this Will named, were sworn well and faithfully to execute and perform the same by paying the Debts and Legacies herein bequeathed as far as his, and with his decedant's goods and personal Estates, would extend and the Law should bind them -
That to the best of their knowledge and belief all the goods and personal Estate the within Testator died possessed of or entitled to, would not, in its real value, amount to the sum of one hundred pound -
That they would make a true Inventory of his, the within decedant's, goods and personal Estate, and give a true and just account of their Administration thereof when they should be therein so lawfully called.
Before me------Thomas Turner, Surrogate
Will of James Myerscough of Hail Nook
This is the last Will and Testament of James Myerscough of the Hail Nook in the Township of Rawcliffe and County of Lancaster Husbandman which I publish and ordain this Twenty-fifth day of February one thousand seven Hundred and Eighty Six in manner and form following, that is to say, It is my Will and mind that all my just debts and funeral expenses and the charge of the probate of this my Will be first paid and discharged out of the money arising from the sale of my land and personal Estate by my Executors hereafter named whom I give devise and bequeath all my real and personal Estate situate in the Hale Nook or elsewhere in Trust to sell and dispose of by Public Auction or Private Sale as they in their wisdom shall think fit for the best price that can be had or got for the same, I give devise and bequeath to Isabel my Loving Wife the sum of Ten Pounds to buy such of my House goods and furniture as she thinks most proper the price of them to be fixed by two persons not interested in this my Will. I further give to my said Wife all the Interest that may arise from the money remaining after any just debts are paid and the said Legacy of Ten Pounds if she continues in my name, & if it should happen that my Wife through Sickness or Old Age should not have a sufficient Living, then I will order and direct that she shall have a reasonable allowance out of the stock, My Will is that my Executors shall place the money out at Interest on real or personal security for the benefit of my said Wife and after her decease I do hereby give devise and bequeath all the Money so remaining at Interest to my Brother & Sister William Myerscough Elizabeth Myerscough & Margery the Wife of Nicholas Gardner all of Stalmine in the said County to be equally divided amongst them share and share alike & lastly I do hereby name and appoint Isabel my Wife, William my Brother and John Bourne of Stalmine Executrix and Executors, of this my last Will & Testament. In witness whereof I have hereunto set my hand and that the day and year within written is
Signed Sealed Published and declared by the above named James Myerscough the Testator as and for his last Will and Testament in the presence of us who have subscribed our names as Witnesses thereto at his request and in the presence of each other the words. my, give, shall have & Sisters, being first interlined is
James Bourne
Margaret Doughty
Robert Doughty