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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 |