The Will of John Newport

 

This is the last will and testament of me John Newport of Swanlow lane in the Lordship of Over in the County of Chester Gentleman. I give to my dear wife Mary Newport all my household goods and furniture together with my silver tankard, and my gun I give to Thomas Williams of Barrow. And as to all the ...... of my personal estate and effects I give and bequeath the same to my executor herein after named upon trust that they do and shall pay and apply the same in later ........ and discharged of all such debts , sum or sums of money as I shall happen to owe at the time of my decease as far as the same will extend and also the expense of proving this my will and my funeral expenses. And in ........ my said personal estate shall ............. ............ for those purposes. ........... I charge my real and leasehold estate (except a messuage or dwelling house in Over with the appurtenances in the occupation of Mr Williams) with the payment of such deficiency. I give and bequeath to my said wife one annuity or clear yearly sum ten pounds of lawful money of Great Britain to be         and payable out of my real and leasehold estate. (except the said messuage or dwelling house) during so long time as she continues my widow and to be paid to her by two equal half yearly payments on every 29th day of September and every 25th day of March yearly the first payment thereof to be made on the first of those days as shall happen after my decease. But is case my said wife shall happen to marry again then I direct that from and immediately after such a marriage the said annuity shall cease and be no longer payable I do further direct that the said annuity of ten pounds to my said wife shall be taken by her in ......... ........... and satisfaction of all such Dower or ?Third? at common law as she might claim or be entitled to out of my said Estate and Effects. And (subject and chargeable as aforesaid) I give and devise my said real and leasehold estate ( except the said messuage or dwelling house) unto Samuel Harbridge of Mouldsworth in the said county of Chester Ralph Williams and Thomas Williams both of Barrow in the same county general their heirs and assigns upon the trustees nevertheless And to ........ for the several ends in ...... and purposes herein after mentioned and expressed concerning the same that is to say in case I shall leave a child at the time of my decease or born in due time afterwards. The upon trust that those my said trustees or the survivors of them or his heir do and shall stand seized and possessed of my said real and leasehold estate in trust for such child his or her heir or assigns according to the nature of my Term estate and interest therein respectively And I do direct that my said trustees do and shall pay and apply the rents ....... and profits of my said estate for and towards the maintenance education and bringing up of such child during his or her minority but in case I should have no child living at my decease or born in due term afterwards or there being such and such child should happen to die before his or her attainment  of the age of twenty one years and without issue Then upon trust that my said trustees do and shall pay and apply out of the rents and profits of my said estate (except as foresaid) one annuity one clear yearly sum of twenty pounds (here meaning to include the interest  of a sum of three hundred pounds given and bequeathed to my sister Frances Sudlow by the will of my late father unto my said sister Frances Sudlow during so long a time and until the remaining rents and profits of my said estate (except as aforesaid)  shall have paid off and discharged all such debts as I shall owe at the time of my decease upon bond and simple contract and which my said personal estate here before appropriated for that purpose will not extend to satisfy And from and after the payments of my said Bond and Simple Contract debts then upon this further trust that they my said trustees or the survivors or survivor of them or his heirs do and shall pay and apply one Moiety or equal half part of the rents and profits of my said estate (still meaning to include herein the interest of the said sum of three hundred pounds ) unto my said sister Frances Sudlow during the remaining part of her life which said annuity of twenty pounds and moiety of the rents and profits of my said estate as the case may be I direct shall be paid into the hands of my said sister only free from the debts intermeddling or  control of her present or any future husband .And that her ....... alone notwithstanding her Covertures or whether she shall be ..........or sole shall be from time to time a good and sufficient discharge for the same And as for and concerning  the ........ and remainder of the rents and profits of my estate after the payment of the said annuity of twenty pounds or the moiety of the said rents and profits to my said sister as the Cover may be I direct that my said trustees do and shall pay and apply then and during the life of my said sister in the payment and discharge of all such debts as I shall owe at the time of my decease upon bonds or simple contracts and which my said personal estate herein apportioned for that purpose will not extend to satisfy And in case the moiety  of the rents and profits of my said estate so to be paid and applied as aforesaid shall be more than sufficient to pay off such debts in the life time of my said sister and be paid and applied by then in discharge of my mortgage debt as far as the same will extend And from and after the decease of my said sister then upon the further trust that they the said trustees or the survivors or survivor of them or his heirs do and shall stand seized and possessed of my said real and leasehold estate in trust for all and every the child or children of my said sister Frances Sudlow equally to be divided between them (if more than one) share and share alike to hold to them their heirs or assigns as tenants in common but not as joint tenants and if there shall be only one such child then in trust for such one child his or her heir or assigns But in case my said sister shall happen to die without issue Then upon trust that they the said Trustees or the survivors or survivor of them or his heirs do and shall sell and absolutely dispose of my said real and leasehold estate (except as aforesaid) for the most money that can or may be had or gotten for the same and do and shall in the first place pay and discharge all such costs and expenses as shall afford such sale and in the next place that they do and shall pay and discharge all such debts as the funds hereinbefore appropriated for that purpose shall not have then already paid and satisfyed. And from and after the several payments aforesaid upon trust that they my said trustees do and shall pay and apply the clear residue of the money to and from the said sale unto them the said Ralph Williams, Samuel Harbridge Thomas Williams and George Rowe of Molesworth aforesaid I so ....... them Executors Administrators and Assigns in equal shares and proportions. provided always and I do direct that the receit or receits of my said trustees (in the event of a sale of my said estate) or the survivors or survivor of them or his heir shall be a good and sufficient discharge to the purchaser or purchasers of all or any part of my said estate for the whole or so much of the purchase or consideration money as shall in such receit or receits be a ............ to be paid and after such receit or receits shall be so given as aforesaid the said purchaser of purchasers shall not be obliged to see to the application or non application of such purchase money or any part thereof  Provided also and I do further direct that if John Sudlow, the husband of my said sister or in case of his death if my said sister or any future husband of my said sister or any other person or persons or and on her behalf shall call upon my said trustees and executors for the for the payment of the said sum of three hundred pounds so given and bequeathed to her by the will of my said late father as aforesaid or shall ............... or prosecute any action or actions ........... or ............... either in law or equity for the ...... my said Trustees and executors for the recovery thereof Then and in such case the said annuity and annual provision herein before made for my said sister shall cease and be no longer payable. But the whole of the rents and profits of my said estate shall be from thence forth be received by my said Trustees and be applied by them for the same purpose and in the same manner as the Moiety thereof as herein before directed to be applied and disposed of during the lifetime of my said sister And whereas I have contracted and agreed with Thomas Walker of Over aforesaid Gentleman for the sale to him of the said messuage or dwelling house in Over aforesaid with its appurtenances in the occupation of Mr. Williams as or for the price of two hundred and fifty one pounds payable on the first day of May next Now I do hereby give and devise the same messuage or dwelling house with its appurtenances unto the said Samuel Harbridge Ralph Williams and Thomas Williams their heirs and assigns upon trust that they or their survivors or survivor of them or his heir do and shall on or before the said first day of May next or when thereunto requested by the said Thomas Walker his heirs or assigns and upon the receit of the said two hundred and fifty one pounds ......... and effectively bargain sell assign release and confirm the said messuage or dwelling house and its appurtenances unto and for the use of the said Thomas Walker his heirs and assigns or unto and for the use of such other person or persons as he or they shall direct or appoint and do or shall pay and apply the said purchase money or sum of two hundred and fifty one pounds in part payment and satisfaction  of the debt due and owing from me to Thomas Woodyer of Barrow aforesaid and I do direct that the receit of my said Trustees or the survivors or survivor of them or his heir shall be a good and sufficient discharge to the said Thomas Walker his heirs and assigns for the said sum of two hundred and fifty  pounds Purchase money and that after such receit shall the said Thomas Walker his heirs and assigns shall not be answerable or accountable for the application or non application thereof or of any part thereof And I do further direct that it shall be lawful for my said Trustees or the survivors or survivor of them or his heir to reimburse themselves or himself out of my said Estate and effecticule such costs charges and expenses as they or any of them may incur or be put unto in the execution of the Trusts of this my Will or in any wise relating thereto Provided  also and I do empower my said Trustees or the survivors or survivor of them or his heir to raise and take up at interest upon Mortgage of all or any part of my said Real and Leasehold Estate so much money as may be necessary to pay off and discharge such part of my said Bond and ......... Contract debts as my said personal estate shall fall short of satisfying in case the person to whom the said debts are owing shall not chuse to wait the discharge thereof by the ........ as herein before appropriated for that purpose and lastly I do appoint the said Samuel Harbridge Ralph Williams and Thomas Williams their heirs and assigns executors of this my Will and hereby revoking all former and other wills by me at any time heretofore made I do publish and declare this to be my last Will and Testament in ........... whereof I have to four first sheets thereof  (the whole being comprised of five sheets of paper) set my hand and to the fifth and last sheet thereof my hand and seal the fifth day of April in the year of our Lord one thousand eight hundred and two.

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