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The Will of James Files

 

This is the last will and testament of me, James Files of Rainford in the county of Lancaster, farmer.  I give and bequeath unto my wife Margaret for and during the term of her natural life the clear yearly sum or annuity of twelve pounds per annum payable by two half yearly payments, the first payments to be made in six months after my decease, and so to continue during the life of my said wife.  I also give unto my said wife during her life sufficient household furniture fitting for her present station in life for one room which I leave to the direction and discretion  of my executors herein after named, but without impeachment of urste? I give and bequeath unto my daughter Alice of Upholland, farmer, widow (late the wife of Edward Files) the sum of one pound and no more.
And as to all the rest, residue and remainder of my real and personal estate and effects whatsoever and wheresoever and of what kind soever, but subject to the aforesaid annuity of twelve pounds I give and bequeath the same and every part thereof unto equally and amongst my children viz Joseph, Thomas, John, George, Ellen Sephton (wife of William Sephton of Rainford aforesaid, farmer) and my daughter Hannah Files, spinster, share and share alike as tenants in common, and not as joint tenants, and should any of my said sons and daughters die leaving lawful issue (except Alice) such childs share shall go and be paid to the lawful issue of such child dying.
My son Joseph owing justly and truly the sum of seven pounds unto my son Thomas now I order and direct that the said seven pounds shall be deducted from my said son Joseph's share and paid over immediately to my said son Thomas.  Whereas I took the farm I now occupy with all the appurtenances for and during the life surviving mentioned in the lease from the Earl of Derby, now it is my will and mind and I direct that my said son Thomas and daughter Hannah shall have the remainder and residue of all my interest in the premises now occupied and enjoyed by me.
And my will is that my said son Thomas and daughter Hannah may have and take whatever of my farming stocks they may choose at a fair, just and proper valuation or at a sale thereof as they may think best for themselves.
And as to all other matters and things not particularly mentioned as may be agreeable to my executors and a majority of all my children, Alice excepted, I leave the same to their wisdom and discretion, relying and confiding, they will do all matters and things for their respective benefit, and not to waste anything in Laws, and the child or children discontented after a fair majority has decided, the said child or children shall be dispossessed of his or her share and shall go amongst those satisfied.  I nominate and appoint my said wife executrix, John Fazackerly and William Sephton both of Rainford aforesaid, farmers, executors of this my last will and testament made and duly published this twenty sixth day of December one thousand eight hundred and twenty eight, hereby revoking all former wills and codicils by me made in witness whereof I have hereunto set my hand and seal
signed, sealed a, published and
declared by the said James Files                           his mark
the testator as and for his last will                      James Files
and testament in our sight and                               and seal
presence and in the presence and
sight of each other
John Johnson
Edward X Beesley
his mark
John Woods

 

 

The twenty eight day of May 1829
John Fazackerly and William Sephton two of the executors in this will named were sworn in common form, (power being reserved to Margaret Files the executrix therein also named, to take upon her the execution of the said will, when she shall lawfully request the same) and they further made oath that the personal estate and effects of the testator within the diocese of Chester were under the value of four hundred pounds
Before me
Edw Hile, surrogate

 

 

The testator died the 17th day of January 1829


Prob. iss 28th May 1829

 

This Will was kindly transcribed and sent in by Hat.

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