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Will of James Leyland – Died 12th June 1840

Page One

Dated May 12th 1840

 

The Will of  James Leyland the Elder of Parr in the County of Lancaster Farmer

 

This is the Last Will and testament of me James Leyland the Elder of Parr.

 

I give and devise all my land on Highlands Brow within Windle in the said County and all other my real estate whatsoever and whosoever unto my son Thomas Leyland and my friend James Lathem the younger of Parr aforesaid joiner and builder heir and afsign upon the trusts following namely upon trust that they my trustees and the survivors of them and their hairs and aforsign of such survivors do and shall so long as any children of mine shall be under the age of twenty one years not having been married, pay the annual rents and profits arising from my said land and real estates unto my said son Thomas Leyland to be by him in applied in and  forward the maintainer and support of him and due maintance support education and bringing upon all such of my children as shall be under the age of twenty one years and unmarried and declare and that subject and without seyied and possessed of my said land and real estate in trust for all and every such of my children as shall at the time decease have aforesaid the age or death this life under that age leaving lawful issue in him her or them respectively servicing as tenets in common if more than one and then hears and afsignes of such children  respectively I bequeath to  my said son Thomas Leyland the legacy of sum of twenty pounds sterling I give and bequeath all my household goods and furniture plate linen china books and other household effects except money or securities for money and all my horse's courts harness and other accoutrements and also my implements of husbandry crops of corn and hay and grain live stock and other farming stock whatsoever in which shall be my prosperity and in or about the farm house lands and premises which I shall occupy at the time of my death unto the said Thomas Leyland and James Latham their executors administrators and afsigns upon the trust that hersein after expressed concerning the same : That is to say upon trust that they my said trustees and the survivor of them his executors or administraris do and shall permit and offer my said son Thomas to have hold use and occupy the said farm house lands and premises horses courts harnesses accoutrements issefrements crops live and died stock and other farming stock and also my said household goods furniture and other lastly heresign before bequeathed and to carry on the business of my said farm and receive the profits there of to his own use deriving so long time as any child of mine shall be under the age of twenty one years not having been married. The my said for devising to long time as he shall so have hold use and occupy the farm houses cows crops

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stock goods furniture and effects and premises paying the rents taxes and other outgoings payable in respect thereof and all expenses of repaying the same
I bequeath all the residue of my personal estate and effects whatsoever nor ( not ) herein before bequeath or disposed of unto the said Thomas Leyland and James Latham their exactors administrators and assigns upon the trusts following namely upon trust that they my said trustees or the survivors of them his executors or administrators do and shall with all convenient spaced after my decease sell and dispose of call in and convert the same residuary estate and effects into money and with and out of the moneys to arise from such sale calling in and conversion in the first place do and shall pay and discharge my first debts funeral and testamentary expenses and the legacy of twenty pounds herein after banqueted and do and shall place out and invest the reside and surplus of the same moneys in their or his names or name in or upon government securities or on real or leasehold securities in England and Wales and vary the investments from the time to time for any other of the like nature at their or his discretion and do and shall stand professed of and interested in the same residuary trust moneys and the stocks

 

Page Three


funds and securities when upon the same shall invest and the dividends interest and proceeds there of in trust for all and every such of my children as shall at the time of my decease have attained the age of 21 or shall there after attain that age or depart this life under that age leaving lawful issue him, her or them respectively sibling absolutely share and share alike as tenants in common if more than one - on empower my said trustees and trustee to apply in or towards the main tenace and education or otherwise for the benefit to each child of mine entitled under the trusts after said to a share of the said residuary trust moneys stock funds and securities nor (not) absolutely issued the annual income diveds and proceeds of such share - and declare that it shall be lawful to my said trustees or trustee to apply in or towards the advancement in life binding apprentice or otherwise for the benefit of each child of mine entitles as afore said any part of the capital of his or her said share - I appoint the said Thomas Leyland and James Latham to be the trustees and exactors of this my will and testament and I empower my exactors of compound for any claims or demands which they may have upon or against any person when so ever an also to refer any dispute with my debtor or creditor of my estate to trust for the time being shall nor (not) be answerable for each other or involuntary loses and that they shall be allowed and may retain all this costs and expenses to be incurred in the due execution of the trust herby in them reposed including all costs of cases for counsels opinion which they or he may think proper to take and all fees to council for advice and that every person paying money to such executors and trustees or trustee shall be exonerated from all responsibility in respect of the application share of - in witness where I have here unto set my hand on this 12th day of May in the year One Thousand Eight Hundred and Eight  

 

Signed and acknowledged by the above named testator James Leyland as and for his last will and testament in the presence of us who at his request in his presence and in the presence of each other have lierundy subscribed our names as witnesses atesting the same.

 

 The 14 Day of December One Thousand Eight Hundred and Eight

James Leyland (Signed)

Thomas Robinson (Signed)
Adam Seddon (Signed)  

 

Thomas Leyland one of the executors this will named was sworn in common form (hence being to James Latham, the other executor of the said will then he shall lawfully request the same) and he further made oath that the personal estate and effects of the testator within the diocese of Chester were under value of £200 before me  ????  Sarrogate (Signed)


The testator died twelfth day June One Thousand Eight Hundred and Forty

Probate issued dated 19 December  One Thousand Eight Hundred and Forty

 

 

I have the copy of this Will, and if you feel that any person named in the above Will is one that you are researching then please

 

 

 

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