The Last Will and Testament of William Whiteside, miller, of Lancaster
The 'evidence' is shown in red as it first appears. The lines are in the original and the larger writing in bold is also in old English style (handwritten) except beside the signatures. Brackets and Capitals are in the original. The text is continuous, without paragraphs or full stops. The spelling, e.g expences, has been retained. Fortunately it was very easy to read! William himself, as he says, signed at the foot of every page, always abbreviated as Wm Whiteside.
I William Whiteside of Lancaster in the County Palatine of Lancaster Miller Do make publish and declare this to be my last Will and Testament in a manner and form following that is to say,
In the first place I order and direct all my just Debts Funeral and Testamentary Expences to be paid off and discharged by my Executors and Trustees hereinafter named with all convenient speed after my Decease.
_____Whereas my eldest Son Thomas hath lately been very wicked and also extravagant, and acted in such manner as scarcely to be called or taken Notice of as a Son. Therefore I bequeath unto him the Sum of five Shillings only, and it is with the utmost grief that I have thus to record him, but I trust through the assistance of God he will refrain from his wicked and bad practices and become a good Christian and an useful Member of Society
_____I give devise and bequeath unto my nephew Thomas Whiteside of Thurnham in the said County Husbandman and my Friend Edward Guest of Heysham in the said County Husbandman All and singular my Real and personal Estate and Effects whatsoever and wheresoever and of what nature kind or quality soever To Hold to them the said Thomas Whiteside and Edward Guest their Heirs Executors Administrators and Assigns for ever or for and during all my Estate and Interest therein respectively Upon special Trust and confident that they the said Thomas Whiteside and Edward Guest and the Survivors of them and the Heirs Executors and Administrators of such Survivors shall and do permit and suffer my Dear Wife Catharine to have the use and enjoyment of all my Household Furniture Plate Linen and China for and during the term of her natural Life or so long as she shall continue my Widow, And also to pay unto my said Wife or her Assigns or permit her to receive and take for and during the term of her natural Life or so long as she shall continue my Widow but no longer the Rents Iterest Issues and Profits of my said real and personal Estate after Payment of my said Debts Funeral Expences and Testamentary Expences as aforesaid which I do hereby give and bequeath unto my said Wife accordingly
___And from and after the Decease of my said Wife or Marriage again which ever shall happen Then upon Trust that my said Trustees and the Survivor of them and the Heirs Executors Administrators and Assigns of such Survivor shall and do with all convenient speed either by public Auction or private contract absolutely sell and dispose of all and singular my said Real and personal Estate and Effects of such part of my said personal Estate (as shall not then be in Money) for the best of price and prices that can reasonably be had or gotten for the same and collect and receive and get in the Monies thence arising and grant convey assign and assure the same to and vest the same absolutely in the Purchaser or Purchasers thereof and Receipts acquittances and other sufficient discharges for what shall be received to make sign seal deliver and give And from and after such Sale shall have been perfected I do declare that no Purchaser or Purchasers shall be answerable or accountable for the misapplication or nonapplication of such purchase Money or in any wise bound to see to the application thereof And Then upon Trust that they my said Trustees or the Survivor of them or the Executors and Administrators of such Survivors shall and do pay the Monies to arise as aforesaid unto and equally amongst my Children Margaret, John, Richard, James and William (in exclusion of my eldest son Thomas) share and share alike to whom I give and bequeath the same accordingly
And it is my Will and mind and I do hereby order and direct that the Legacies to my said Children Margaret, John, Richard, James and William shall be vested Interests in and paid and payable to them when and as they shall severally attain the Age of twenty-one years, but in case any of them my said Children Margaret, John, Richard, James and William shall happen to die under Age leaving lawful Issue of his her or their Body or Bodies, then and in such Case I order and direct the Portion or Fortune of him her or them so dying to go and be paid and payable unto and equally amongst the Child or Children of him her or them so dying But in case of the Death of any of them my said Children Margaret, John, Richard, James and William under Age and without leaving lawful Issue then the Portion or Fortune of him her or them so dying shall go and be paid and payable to the Survivors or survivor of them my said Children Margaret, John, Richard, James and William and the Issue of such of them as may happen to be dead under Age as aforesaid such Issue to have and be entitled to to his her or their deceased Father or Mothers share as in case he she or they had been living ( such Share or Shares to be vested Interests in and paid or payable to such Issue as and when he she or they shall attain the Age of twenty one years ) to whom I give and bequeath the same accordingly
And it is my Will and mind and I do also hereby order and direct that they my said Trustees or the Survivor of them or the Executors and Administrators of such Survivor shall and do in the mean time and until the Legacies and Provision hereby meant and intended for my said Children Margaret, John, Richard, James and William shall become vested and payable as aforesaid put and place the same out at interest upon good real or other eligible Security and pay and apply the annual Interest thereof or so much thereof as they or he in their or his discretion shall think requisite and necessary to and for their several and respective Maintenance Education and support, and I do hereby nominate constitute and appoint the said Thomas Whiteside and Edward Guest Executors of this my Will, And I do hereby order and direct that they my paid Executors and trustees shall and may deduct retain to and reimburse themselves respectively from time to time out of the said Trust Estate and premises all the Costs Charges and Expences which they shall or may respectively suffer and sustain expend or be put unto in or about the same Together with a reasonable and sufficient recompence and compensation for any Trouble or loss of time that may happen to them or either of them by reason or means of the said Trusts and I do further order and direct that they my paid Executors and Trustees or their Executors Administrators or Assigns shall not be in any way answerable or accountable for any losses or bad Debts which may happen in or about the Executors of the said Trusts unless occasioned by his or their own respective wilful neglect or default nor shall one of them be answerable or accountable for the Acts Deeds Receipts and Defaults only
In Witness whereof I the said William Whiteside the Testator have to this my last Will and Testament consisting of this and the three preceding Sheets of paper set my Hand and Seal, that is to say, my Hand to the bottom of each of the three preceding sheets and my Hand and Seal to this last Sheet the whole being annexed together the first etc etc day of November in the year of our Lord one thousand eight hundred and thirteen,
Signed sealed published and declared
by the said William Whiteside the Testator 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 hereunto
subscribed our Names as Witnesses
(only the 1st of these 3 names is 'sure' - the other signatures
may not be transcribed correctly!)
On the twenty second day of May one thousand eight hundred and twenty seven the Will of William Whiteside late of Lancaster in the County of Lancaster within the Archdeaconry of Richmond in the Diocese of Chester Miller Deceased who departed this life on the thirty first day of December one thousand eight hundred and twenty four was proved in common form and Thomas Whiteside of Thurnham in the parish of Cockerham in the said County of Lancaster Husbandman one of the Executors therein named was sworn well and faithfully to execute and perform the same and so forth (power being received for Edward Guest the other Executor therein named ) and that according to
the best of the knowledge information and belief of the said Thomas Whiteside the whole of the Goods Chattels and Credits of which the Testator had died possessed within the Archdeaconry aforesaid (exclusive of what the Testator might have been possessed of or entitled to as a Trustee for any other person or persons and not beneficially and without deducting any thing on Account of their Debts due and owing by and from the said Testator) were under the Value of Twenty pounds
J. Rowley A.H.