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The Will of John Culshaw

 

In the Name of God Amen I John Culshaw of Burscough in the County of Lancaster Yeoman being aged and infirm in Body but of sound and disposing Mind & Understanding (for which I bless God) DO make and ordain this may last Will and Testament in the following manner (that is to say)First of all I order and direct all my just Debts funeral Expenses and the Charges of the probate and Execution of this my Will to be paid out of my real and personal Estates in manner hereafter mentioned as soon after my Decease conveniently may be
AND I give devise and bequeath All all that my Messuage and Tenement whereat I now dwell and known by the ancient Name of Rutter's Tenement and the several Closes Closures and parcels of Ground with the Hereditaments and Appurtenances thereunto belonging being leasehold under the Right Honourable the Earl of Derby And also those my Closes or parcels of Ground commonly called and known by the Names of the Hey before the Door, the old Yard and Culshaw's Hey situate & lying in Burscough aforesaid and now in my Occupation being Part of my Messuage and Tenement called Illam's in Burscough aforesaid being also leasehold under the said Earl of Derby unto my son James Culshaw To hold the same with their and every of their several & respective Heriditaments and Appurtenances unto him my said son James and his lawful Issue for and during all my leasehold Estates & Interests therein and thereto respectively Charged nevertheless & I do hereby charge the same Premises with one Annuity or clear yearly Sum of three pounds of lawful British Money which I order & direct shall be paid unto my beloved Wife Alice by two equal half yearly payments at and upon Michaelmas Day and Lady Day every year during the Term of her natural Life And also charged and I do hereby further charge the same premises with the Sum of sixty Pounds of lawful British Money to be paid to my son Ralph Culshaw his Executors Administrators or Assigns at the End of twelve Months next after my Decease Provided always and it is my Will and Mind nevertheless that if he my said son James should happen to die without lawful Issue living at the Time of his Decease then the same premises & every Part and parcel thereof shall go and I give devise and bequeath the same with the Appurtenances unto my said Son Ralph Culshaw his Heirs Executors Admors and Assigns during all the Residue & Remainder of my leasehold Estates Terms and Interest therein or thereto respectively
And I give devise and bequeath All that the remaining Part of my said Messuage & Tenement called Illam's consisting of the Orchard two Closes commonly called Illam's Heys and a Close called Cinque-fall Moss together with all and singular the Hereditaments and Appurtenances thereunto belonging and not herein before by me given and devised, unto my said wife Alice To hold to her and her Assigns during the Term of her natural Life (except and always reserving thereout unto my said son James and his lawful Issue free and unmolested Liberty power and authority to dig delve and get two Days Work of Turves in or upon the said Cinque fall Moss in the usual place for that purpose and to lay forth dry management and cart away the same yearly and every year during the Continuance of the Lease thereof) And subject also to a proprotionable Share of Leys and Taxes and two shillings yearly for the Lord's or reserved Rent thereof
And upon the decease of my said wife Alice I give devise and bequeath the same premises with the Hereditaments and Appurtenances (so as aforesaid given to my said Wife for her Life only) unto my said son Ralph Culshaw and his lawful Issue for & during all the Residue and Remainder of my leasehold Estate and Interest therein or thereto Subject nevertheless as aforesaid to a power and Liberty for my said Son John and his lawful Issue to get yearly two Days work of Turves upon the said Cinque fall Moss and also to payment of a proportionable Share of Leys and Taxes for the same and two shillings for the Lord's or reserved rent thereof Provided always and it is my Will and Mind nevertheless that if my said son Ralph should happen to die without lawful Issue living at the time of his Decease then and in such case the same Premises with the Appurtenances shall go and I hereby give devise and bequeath the same to my said son James his Heirs Executors Adminstrators and Assigns for and during all the Residue and Remainder of my leasehold Estate Term and Interest therein And whereas I am now seized and possessed of a certain other Messuage and Tenement situate lying and being in Burscough aforesaid late in possession of my son in law John Ollerton deceased but now in  the possession of my daughter Mary Ollerton Widow of the said John Ollerton and her Assigns or Under tenants thereof also leasehold under the said Earl of Derby And whereas I paid and advanced of my own Money the sum of one hundred and ten pounds and likewise became surety by my Bond or Obligation for Payment of one hundred and eighty Pounds to different and sundry Persons for the purpose of paying the Fine or Consideration Money for the Lease of the said Messuage & Tenement and premises And being desirous to settle and dispose of the same for the Advantage and Maintenance of my said daughter Mary Ollerton and her Children after payment of the said Money so advanced by me and so as aforesaid taken up on my Bond or Obligation I do Hereby give devise and bequeath the said Messuage Tenement and premises (late Ollerton's) with all and singular the Rights Members privileges Hereditaments & Appurtenaces thereunto belonging unto my said Sons James and Ralph To hold to them their Heirs Executors Administrators and Assigns to and for the Uses Trusts and purposes herein after mentioned expressed and declared of and concerning the same and during all my Estate and Interest therein (that is to say) In Trust for them my said Sons James and Ralph (who are also my Executors herein after named) and the Survivor of them and the Heirs Excrs and Admons of such Survivor by Sale or Mortgage of all or any Part of the said Messuage Tenament and premises as they shall judge expedient and necessary (except the Cart house and Barn Yard and proper & usual Roads & Appurtenances to the same) or by & with the clear yearly Rents Issues and profits thereof if they shall think it proper to raise Monies for paying of the said sum of one hundred & eighty pounds so as aforesaid taken up on my Bond and also the said Sum of one hundred and ten pounds so as aforesaid laid down and advanced by me to be disposed of in manner wherein after mentioned)
And after payment of the aforesaid Sums so to be raised of the said Messuage and Tenement as aforesaid In Trust for them my said Executors and the Survivor of them and the Heirs Execurors & Adminstrators of such Survivor to give and pay the yearly Interest of all such overplus as shall remain over paying & discharging the two aforesaid Sums (in Case they sell the said premises but if the same premises or any part shall be reserved unsold then to pay the clear yearly Profits thereof) unto my said daughter Mary Ollerton during the term of her natural Life And after her Decease to give and pay the principal Money (if in Money) or Estate (if in Estate) to be converted into Money equally amongst the Children of my said Daughter Mary Ollerton and their respective legal Representatives Share and Share alike
And I give devise and bequeath the aforesd Cart house and Barn Yard with their Rights priviledges & Appurtenances unto my said Daughter Mary her Heirs Excrs Admons and Assigns during all my Estate and Interest therein
And  as to the said Sum of one hundred and ten pounds to be raised from the sale Mortgage or otherwise of my Messuage and Tenement called Ollerton's as aforesaid I give and bequeath the Sum of sixty Pounds thereof to my Daughter Alice Forshaw Wife of Henry Forshaw of Burscough aforesaid yeomanAnd fifty pounds the Remainder thereof I give & bequeath to my said Son Ralph Culshaw his Executors and Administrators Provided always nevertheless that if my said Sons my Executors herein after named shall think proper not to sell my said Estate & premises but that the same clear itself by and with the Issues & profits thereof it is my Will and Mind that the same Messuage and premises or what part thereof shall remain unsold shall after the Decease or Marriage of my said Daughter Mary go unto James Ollerton Son of my said Daughter Mary Ollerton his Heirs Excrs Admons and Assigns during the Remainder of the lease thereof anything hereinbefore contained to the contrary thereof in any wise not withstanding He the said James Ollerton paying off the same premises one half of the real and actual Value of the same Estate premises to and equally amongst his three sisters Alice Ann and Jane & their respective legal Representatives, Share and Share alike And provided also further notwithstanding anything herein before contained to the contrary that if my said Daugter Mary shall happen to marry again then the said profit arising from the aforesaid principal Money or from the Estate or such part thereof as shall remain unsold shall be no longer paid her but the same shall from & henceforth go unto her Son and Daughters in the manner last before mentionedAnd I give and bequeath unto my said Son Ralph the further sum of ten pounds for his own Use and Benefit. And to my wife Alice the Sum of twenty Pounds for her own Use and Benefit And as many of my household Goods as she shall chuse and one of my Cows which she shall make choice of together with a Load of Meal and a Load of Wheat
And as to all the rest residue and Remainder of my Cash Credits Securities for Money personal Estate and worldy Effects not herein before disposed of I give and bequeath the same unto my said sons James and Ralph to be divided equally between them and their respective Executors & Admons Share & Share alike
And it is my Will and Mind that all the Legacies herein by me given shall be paid or be considered as due at the Completion of one whole year next after my Decease And also that if the time of my Decease shall happen to be at any time between Christmas Day and May Day my said wife Alice &  my said Sons James and Ralph shall co-habit and keep House together where I now dwell till the May Day next but one following & for that Time to receive and take the Rents and Profits of the Messuage Tenement and premises now in my Occupation equally amongst them And if the Time of my Decease shall happen between May Day and Christmas that they  shall co-habit and reside together in manner aforesaid till the May Day following & receive and take the Rents and profits of my said Messuage Tenement and premises where I now live equally amongst them for that time
And it is my Will & Mind that if any of my Monies at Interest shall happen to be lost that the same shall be equally borne between my said Sons James and RalphAnd I do hereby nominate constitute and appoint my said Sons James and Ralph joint Executors and my kinsman Ralph Culshaw of Wrightington in the said County schoolmaster Guardian and Overseer of this my Will
And lastly revoking annulling and making void all and every other and former Will by me at any time heretofore made I do declare and publish this to be my last Will and Testament In witness whereof I have hereunto set my Hand and Seal this twenty fifth Day of March in the year of our Lord one thousand seven hundred and eighty six

 

Signed sealed published and declared
by the above named John Culshaw the
Testator as and for his true last Will &                  The Mark of
Testament in the presence of us who have            John x Culshaw
hereunto subscribed our Names as Witnesses
thereto at the Request and in the sight &
presence of the said Testator & in the presence
of each other (The Words Heirs, & eighty
pounds, be, or Marriage being first interlined)
Ralph Culshaw Junr
Daniel Forshaw
William Travington

 

The twenty second Day of Feb 1812 Raph Culshaw Executor in this Will named (James Culshaw the other Executor being dead) was sworn in common form & he further made oath that the personal Estate & effects of the deceased were under the sum of three hundred pounds
Before me
G Ford Surrogate

 

Probate issued  Dated 22 Oct 1812


The testator died January 11 1789


Effects unadministered

 

This Will was kindly transcribed and sent in by Hat.

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