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This is the last Will and Testament
of me Edward Morley of Wallasey in the County of Chester,
Yeoman, which I make and publish this twenty-ninth day of
September in the year of our Lord one thousand eight hundred and
forty-two and I hereby revoke all Wills heretofore made by me
I direct payment of all my just
debts funeral and testamentary expenses as soon as conveniently
may be after my decease and it is my wish and desire and I
further direct that my executors hereinafter named shall see me
decently interred in Wallasey Church Yard beside the body of my
late Wife and place a stone over my grave inscribed with my name
and age and the date of my decease.
I give devise and appoint my three
Dwellinghouses situate on the South West side of Smithfield
Street in Liverpool in the County of Lancaster being numbers 19,
20 and 21 and now in the several occupations of William Freeman,
Owen Jones and William Williams and two small back Houses
forming part of a Court or place in Smithfield Street aforesaid
called Morley’s place now in the several occupations of John
Haslam and Richard Morley
And also my Dwellinghouse situate
on the West side of Vauxhall Road in Liverpool aforesaid now in
the occupation of James Mitty
And also a field on the South side
of the Road leading from New Brighton to Wallasey and which was
lately purchased by me from the Devisees in Trust and Executors
of the late Mr James Horrocks
with their respective appurtenances
unto and to the only proper use and behoof of my son Richard
Morley his heirs and assigns forever.
I give devise bequeath and appoint
All those my three Dwellinghouses situate on the East side of
Smithfield Street aforesaid being numbers 38, 40 and 41 and now
in the several occupations of George Howard, James Alston and
John Maxwell
Also my three Dwellinghouses
situate in Morley’s Court in Smithfield Street aforesaid now in
the several occupations of Mr Cain, Mrs Banks and Hugh Matthews
Also my Dwellinghouse situate in
Williams’ Court in Smithfield Street aforesaid now in the
occupation of Thomas White
Also my Dwellinghouse situate on
the West side of Pall Mall in Liverpool aforesaid now in the
occupation of Nicholas Johnston
Also my two Dwellinghouses situate
in New Milk Street in Liverpool aforesaid being numbers 7 and 8
now in the several occupations of Mr Bretherton and Thomas
Talbot Also my four Dwellinghouses situate in Lace Street in
Liverpool aforesaid two of them fronting the said Street and the
other two at the back thereof forming a Court called Morley’s
Court and now in the occupation of John Leonard and others
And also my two Leasehold
Dwellinghouses situate on the North side of Maguire Street in
Liverpool aforesaid now in the several occupations of Mr
Higginson and Elizabeth Halladay
with the rights numbers and
appurtenances thereto respectively belonging unto and to the
only proper use of John Southell of Liverpool aforesaid
Victualler and my said son Richard Morley their heirs executors
administrators and assigns respectively according to the nature
and quality of and for and during all my Estate term and
interest in the premises respectively
But nevertheless Upon and for the
Trust intents and purposes hereinafter declared and contained of
and concerning the same (that is to say)
As to and concerning the said
Dwellinghouse situate number 41 Smithfield Street aforesaid in
the occupation of John Maxwell and two of the said
Dwellinghouses in Morley’s Court Smithfield Street aforesaid now
in the occupations of the said Mr Cain and Mrs Banks and the
said Dwellinghouse number 7 New Milk Street aforesaid now in the
occupation of Mr Bretherton
Upon Trust that they the said
Trustees or the survivor of them or the heirs executors
administrators or assigns of such survivor or other the Trustees
or Trustee for the time being of this my Will do and shall pay
the Rents and profit thereof unto my daughter Margaret the Widow
of Thomas Bell late of Liverpool aforesaid watchmaker during her
natural life for her own sole and separate use and benefit free
from the debts control or engagement of any further husband whom
she may hereafter marry and so that during coverture she may not
be able to dispose of or charge the same in the way of
anticipation And from and after the decease of my said daughter
Margaret do and shall stand possessed of and interested in all
the said four last mentioned Dwellinghouses with their
appurtenances and of and in the rents and profits thereof In
Trust for such of her daughters Ann, Priscilla and Margaret Bell
as shall survive me and the issue surviving me of such of them
as may happen to die in my lifetime having such issue if more
than one as tenants in common and their respective heirs and
assigns and if only one then for such one and their heirs and
assigns but such issue nevertheless to take (and equally amongst
them if more than one) the share or shares which his her or
their deceased parent or parents would on surviving me have been
entitled to
And as to and concerning my said
Dwellinghouse situate and being number 40 in Smithfield Street
aforesaid now in the occupation of James Alston and my said
Dwellinghouse in Morley’s Court in Smithfield Street aforesaid
now in the occupation of Hugh Matthews and my said Dwellinghouse
situate and being number 8 in New Milk Street aforesaid and now
in the occupation of Thomas Talbot with their appurtenances Upon
Trust that they the said Trustees or Trustee for the time being
do and shall pay the Rents and profits thereof unto my Daughter
Ellen now the wife of William Woof of Liverpool aforesaid
Fisherman during her natural life for her own sole and separate
use and benefit free from the debts control or engagement of her
present or any future Husband whom she may marry and so that
during coverture she may not be able to dispose of or charge the
same in the way of anticipation And from and after the decease
of my said Daughter Ellen Woof do and shall stand possessed of
and interested in all the said rents and profits thereof In
Trust for such of the children of her my said daughter Ellen and
shall be living at the time of her decease and shall be of or
shall attain the age of twenty one years and also for such of
the issue living at the decease of my said daughter Ellen of any
her child or children who may have died in her life time as
shall be of or shall attain the age of twenty one years and
their his or her respective heirs or assigns all such children
and issue objects of this present Trust to take as Tenants in
common and their respective heirs and assigns but so that the
issue of such deceased child or children shall be entitled only
to the share or respective shares which his her or their parent
or respective parents would have been entitled to if living
And as to and concerning my said
four Dwellinghouses situate in Lace Street aforesaid with their
appurtenances Upon Trust that they the said Trustees or Trustee
for the time being do and shall pay the Rents and profits
thereof unto my daughter Elizabeth now the wife of David Davis
during her natural life for her own sole and separate use and
benefit free from the debts control or engagements of her said
present or any future Husband whom she may marry and so that
during coverture she may not be able to dispose of or charge the
same in the way of anticipation And from and after the decease
of my said daughter Elizabeth do and shall stand possessed of
and interested in the said four last mentioned Dwellinghouses
with their appurtenances and of and in the said rents and
profits thereof In Trust for such of the children of my said
Daughter Elizabeth as shall be living at her decease and shall
be of or shall attain the age of twenty one years and also for
such of the issue living at the decease of my said Daughter
Elizabeth of any her child or children who may have died in her
life time as shall be of or shall attain the age of twenty one
years and their his or her respective heirs and assigns all such
children and issue objects of this present Trust to take as
Tenants in common and their respective heirs and assigns but so
that the issue of such deceased child or children shall be
entitled only to the share or respective share which his her or
their parent or respective parents would have been entitled to
if living
And as to and concerning the said
Dwellinghouse situate and being number 38 in Smithfield Street
aforesaid now in the occupation of George Howard and the said
Dwelling houses situate in Williams’ Court and on the West side
of Pall Mall aforesaid in the respective occupation of Thomas
White and Nicholas Johnston with their appurtenances Upon Trust
that they the said Trustees or Trustee for the time being do and
shall pay the rents and profits thereof unto my daughter
Catherine now the wife of Thomas Dean of Wallasey aforesaid
Mariner during the natural life for her own sole and separate
use and benefit free from the debts control or engagements of
her said present or any future Husband whom she may marry and so
that during coverture she may not be able to dispose of or
charge the same in the way of anticipation And from and after
the decease of her my said Daughter Catherine do and shall pay
the said last mentioned Rents and profits unto her son Edward
Dean during his natural life for his own use and benefit And
from and after the decease of the Survivor of them the said
Catherine Dean and Edward Dean do and shall stand and be
possessed of and interested in the said three last mentioned
Dwellinghouses with their appurtenances and of and in the rents
and profits thereof In Trust for such child or children of my
said grandson living at his decease or born in due time
afterwards as shall be of or shall attain the age of twenty one
years and also for such of the issue living at the decease of my
said Grandson of any his child or children who may have died in
his lifetime as shall be of or shall attain the age of twenty
one years and their his or her respective heirs and assigns all
such children and Issue objects of this present Trust to take as
Tenants in common and their respective heirs and assigns but so
that the Issue of such deceased child or children shall be
entitled only to the share or respective shares which his her or
their respective parents or parents would respectively have been
entitled to if living
And as to for and concerning all
such and so many and such part and parts of all and singular my
said Freehold Messuages or Dwellinghouses Hereditaments and
premises situate in Liverpool aforesaid hereinafter devised as
aforesaid as may or shall not become absolutely vested in
interest under the Trust hereinbefore contained I declare and
direct that the said John Southell and Richard Morley and the
Survivor of them his heirs and assigns or other the Trustees or
Trustee for the time being of this my Will shall stand seized of
and interested in the same Messuages or Dwellinghouses
Hereditaments and premises subject to the Trusts hereinbefore
declared and contained concerning the same in Trust for my said
son Richard and my said daughters Margaret Bell, Elizabeth Davis
and Catherine Dean and their respective heirs and assigns as
Tenants in common and not as joint Tenants
And as to and concerning my said
two Leasehold Dwellinghouses situate in Maguire Street aforesaid
with their appurtenances In Trust for and I hereby give and
bequeath the same unto such of the children of my late Son
Edward Morley as shall be living at the time of my decease and
such of the issue then living of such of any child or children
of my same Son as may die before leaving Issue and who
respectively shall be of or shall attain the age of twenty one
years and their respective Executors administrators and assigns
share and share alike as tenants in common such issue
nevertheless only taking amongst them (representatively) the
share or shares which his her or their parent or parents would
have been entitled unto if living and if there should be but one
such last mentioned child or Issue then the whole unto such one
child or issue and his her or their executors administrators or
assigns Provided always and I do hereby declare and direct that
the receipts or receipt in writing of each of them my said
Daughters respectively above and notwithstanding any her
coverture for all or any of the Rents and profits payable to
each such daughter under the Trust aforesaid shall be a good and
sufficient discharge or good and sufficient discharges for the
Money which shall in such receipt or receipts respectively be
expected or acknowledged to have been received. Provided also
and I further declare that during the minority of any Issue of
my said daughters, my said late Son Edward Morley deceased and
my said Grandson Edward Dean or any of them who shall for the
time being be entitled in immediate expectancy to a share or
shares of the said Trust Estates and premises under the Trusts
aforesaid the said Trustees or Trustee for the time being shall
apply the Rents and income of the expectant or presumptive share
of each such Issue for the time being in for or towards his her
or their respective maintenance and education notwithstanding
his her or their Father may be of sufficient ability to maintain
him her or them And that so much of the said rents and income as
shall not be so applied shall during the suspense of vesting be
accumulated as far as can be for the benefit of the person or
persons who under the Trusts aforesaid shall become absolutely
entitled to the share or share whence such accumulations shall
have proceeded
Provided also and it is my Will and
mind and I hereby further declare and direct that it shall and
may be lawful to and for the said Trust or Trustee for the time
being of this my Will at any time or time after my decease and
before the whole of the said Hereditament and premises shall
have become absolutely vested under the Trusts aforesaid to
demise or lease all or any of the said Dwellinghouses and
Hereditaments for any term of years not exceeding fourteen in
possession at rack rent
And also in case they or he shall
deem it advantageous and for the benefit of the person or
persons who shall for the time being be beneficially interested
therein to make sale and dispose of all or any part or parts of
the said Messuages or Dwellinghouses Hereditaments and premises
hereinafter devised and bequeathed to them Upon the Trusts
aforesaid either by public auction or private contract for the
most money that can be reasonably obtained for the same and to
receive the purchase monies thereof And to lay out and invest
the same in their or his names or name in the public stocks or
Funds of Great Britain or at Interest upon good real or
leasehold securities in England or Wales or on the Bond or Bonds
of any public Company authorized by Parliament to borrow Money
on Bond and to alter vary and transpose such stock funds and
Securities as occasion shall require And in case of any such
Sale or Sales being made then I direct that the said Trustees or
Trustee for the time being shall stand possessed of and
interested in the monies arising therefrom and the Stocks Funds
and securities whereon the same shall be placed out or invested
and the Interest Dividends and annual produce thereof
respectively Upon the same Trusts as are hereinbefore declared
of and concerning the premises which may be so sold and the
rents and profits thereof respectively or as near thereto as the
nature of the property and other circumstances will admit
And I do hereby further Will and
declare that all and every such part or parts of my said
Freehold or Leasehold hereditaments and premises which shall be
sold under the power for that purpose hereinbefore contained
shall be and remain from thenceforth for ever freed and
absolutely discharged of and from all and every the uses trusts
estates limitations powers provisos and directions in or by this
my Will expressed or declared concerning the same and be and
remain to the only use and behoof of the purchaser or purchasers
thereof respectively and of his her or their respective heirs
executors administrators and assigns for ever or for and during
all the Estate term and Interest therein respectively or
otherwise as he or she or they shall or may require
And as to all the rest residue and
remainder of my estate and effects whatsoever and wheresoever
whether Freehold Copyhold Leasehold or personalty which I have
power to dispose of or by virtue of any power whatsoever to
appoint by this my Will I give devise and bequeath and appoint
the same unto and to the only proper use of my said son Richard
his heirs executors administrators and assigns respectively
according to the nature and quality of and for and during all my
estate term and interest in the premises respectively
And I do hereby appoint the said
John Southell and Richard Morley Executors of this my Will
And I give and devise all Estates
vested in me upon any Trusts or by way of Mortgage with their
appurtenances unto the said John Southell and Richard Morley
their heirs
Executors administrators and
assigns respectively according to the nature and quality thereof
Upon the Trusts and subject to the several equities affecting
the same
And I direct that the money secured
on such Mortgages shall be taken as part of my personal Estate
Provided always and I hereby declare that the receipt or
receipts in writing of the Trustees or Trustee for the time
being acting in the execution of the Trusts of this my Will
shall effectually discharge all purchaser and purchasers and
other persons whomsoever paying any Sum of Money to the same
Trustees or Trustee from being answerable or accountable for any
loss misapplication or being anywise obliged to see to the
application thereof Provided also and I hereby further declare
and direct that if the Trustees hereby appointed or to be
appointed as hereinafter mentioned or any of them shall die or
decline or desire to be discharged from or become incapable to
act in the Trusts aforesaid then and so often as it shall so
happen for the securing or continuing Trustees or Trustee for
the time being or the Executors or administrators of the last
surviving or continuing Trustee for the time being may appoint
one or more Trustees or Trustees in the room of the Trustee or
Trustees so dying declining desiring to be discharged from or
becoming incapable to act therein as aforesaid whereupon the
said Trust estates incomes and premises shall be conveyed to and
become vested in the new Trustees or Trust jointly with the
continuing or surviving Trustees or Trustee or solely as
occasion shall require and their or his heirs executors
administrators and assigns and every such new Trustee shall have
the same powers in all respects as if he had been originally
nominated a Trustee and I also declare that the Trustees or
Trustee for the time being of this my Will shall only be charged
and chargeable respectively for such monies as they shall
respectively actually receive and not for signing any receipt or
receipts for the sake of conformity or for any involuntary loss
And that it shall be lawful for them by and out of the said
Trust involves and premises to reimburse themselves their costs
and charges in discharging their Trust. In Witness whereof I the
said Edward Morley the Testator have to this my last Will and
Testament contained in this and the seven preceding sheets of
paper set my hand the day and year first before written
Signed by the said Edward Morley
the Testator in the presence of us present at the time who in
his presence have subscribed our names as Witnesses.
(Illegible!).
The third day of November 1851
Richard Morley the surviving
Executor in the Will named was sworn in common form, John
Sothell the other Executor therein also named, being dead, and
he further made oath that the personal estate and effects of the
Testator within the diocese of Chester were under the value of
three hundred pounds.
Before me
K Hughes, Surrogate
The Testator died the seventh day
of December 1850.
Probate issued.
Dated 15th November 1851
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