Transcript Will of William DARBYSHIRE of BARTON UPON IRWELL. 1792.

Original will copyright of Lancashire RO

I William DARBYSHIRE of BARTON upon IRWELL in the County of Lancaster, Yeoman Do make and publish this my last Will and Testament in manner following that is to say ffirst I order and direct that all my just Debts ffuneral expences and the charge of the probate hereof shall be paid and discharged as soon as conveniently may be after my Decease.
Secondly I give and devise unto my Son in Law Samuel HAMPSON and my ffriend Lawrence ffOGG of Bent Lanes within Barton upon Irwell aforesaid my Executors hereinafter named their Heirs and Assigns for and during all my Estate Term and Interest in all those my several messuages ffarms and tenements with their respective appurtenances situate lying and being in Barton aforesaid which I now hold under and by Virtue of Two several Leases heretofore Granted unto me by Humphrey TRAFFORD late of Trafford Esquire deceased Upon Trust that my said Executors or the Survivor of them or the Executors or Administrators of such Survivor do and shall retain and keep in their Hands and Custody one whole and intire years Rents Issues and profits of the said Leasehold messuages ffarms and tenements for the purpose of repairing and making good all or any repair that shall or may be wanted to the said messuages and other outbuildings thereunto belonging through ffire or any other accident. And afterwards upon Trust that they or the Survivor of them or the Executors and Administrators of such Survivor do and shall receive the Rents Issues and Profits of the same messuages ffarms and tenements and pay apply and dispose of the same in manner following that is to say As to one fourth part thereof unto my Grandchildren William BRACEGIRDLE, Mary WORTHINGTON and Alice CROSBY and to their respective Issues after their respective deaths in the following shares and proportions that is to say To the said William Bracegirdle one half of the same fourth part or share to the said Mary Worthington one fourth part of the same fourth part or share and to the said Alice Crosby the remaining fourth part of the same fourth part or share.
And I do hereby direct that the parts or shares of the same rents issues and profits so given to the said Mary Worthington and Alice Crosby shall be severally paid unto them without the control or intermedling of their respective husbands whose seperate receipts for the same shall be sufficient discharges to my said Executors notwithstanding their coverture.
As to one other fourth part or share of the same Rents Issues and profits unto my said Son in Law Samuel Hampson his Executors Aministrators and Assigns. As to the other fourth part or share of the same Rents Issues and Profits to my Daughter Mary STOCKTON during the term of her natural Life provided my said Term Estate and Interest in the aforesaid ffarms or tenements or either of them shall so long continue as and from and after the Decease unto her Daughter Mary HEYWOOD her Executors Administrators and Assigns.
And as to the remaining fourth part or share of the aforesaid Rents Issues and Profits unto my Grandchildren William and Thomas SMITH sons of my late Daughter Alice Smith their respective Executors Administrators and Assigns share and share alike
And from and after the Death or Decease of any of my said Grandchildren William Bracegirdle Mary Worthington and Alice Crosby Upon Trust with respect to the part share or proportion of him her or them so Dying that they my said Executors or the Survivor of them or the Executors or administrators of such Survivor do and shall pay and apply the share or part of him her or them so dying or such a part thereof as shall be necessary in the maintenance Education and bringing up Then upon further Trust that they my said Executors or the Survivor of them do and shall pay apply and divide the same unto the child or children of him her or them so dying when and as they severally attain to their full age of twenty one years share and share alike but if only one child then the whole unto such only Child.
And I give and bequeath unto my Grandson William Bracegirdle All my Wearing Apparel both Linnen and woollens Hats Shoes and Stockings from and immediately after my Decease.
And to all the rest residue and remainder of my personal Estate and Effects whatsoever and wheresoever I give and bequeath the same as follows that is to say one fourth part thereof unto the said William Bracegirdle Mary Worthington and Alice Crosby in the following proportions that is to say one half of the same fourth part or share to the said William Bracegirdle and the other half to be equally divided between the said Mary Worthington and Alice Crosby which I hereby also direct shall be severally paid unto them the said Mary Worthington and Alice Crosby without the control or intermedling of their Husbands whose seperate receipts for the same shall be sufficient discharge to my said Executors for the same.
One other fourth part or share of my said residue unto my said Grandaughter Mary Heywood and the remaining fourth part of my residue unto my said Grandsons William and Thomas Smith their respective Executors Administrators and Assigns share and share alike.
Provided or in case my said Grandaughter Mary Heywood shall happen to Dye under the Age of Twenty one years without leaving any Lawful issue then and in such case it is my will and mind that the said fourth part or share of the said residue hereintofore given shall be divided into three parts one of which I give unto the said William Bracegirdle Mary Worthington and Alice Crosby the same to be paid and divided unto and amongst them in the same shares and proportions as I have above given them of the fourth part of my aforesaid residue of my said Personal Estate. One other of the three parts to the said Samuel Hampson and the other of the said three parts to the said William and Thomas Smith to whom I give and bequeath the same accordingly.
And lastly I nominate and constitute and appoint the said Samuel Hampson and Lawrence Fogg Executors of this my Will hereby revoking all former wills and testaments by me at any time heretofore made. In Witness whereof I the said William Darbyshire the Testator have hereunto set and affixed my Hand and Seal the Sixth Day of February in the Year of Our Lord One Thousand Seven Hundred and Ninety two.

Signed Sealed Published and Declared by the said William Darbyshire the Testator as and for his last Will and Testament in the sight and presence of us who have hereunto set and subscribed our names as Witnesses in the sight and Presence of the said Testator and in the sight and presence of each other.
Robert CHADWICK
John G BARKER
Thomas ROGERSON

Signed William Darbyshire

The seventeenth day of November 1792 Samuel Hampson and Lawrence Fogg the Executors within named were sworn in common form before me, John Griffith, Surrogate

Pro Issd 17 Dec 1792.

Under £300