On the Thirtieth day of July 1861

the Will of William Newton late of Stayley in the County of Chester Yeoman

deceased, who died on the Sixteenth day of July 1861

at Stayley aforesaid

was proved in the District Registry attached to Her Majesty’s Court of Probate at Chester by the Oaths of

John Haigh formerly of Heyrod in the County of Lancaster but now of Stalybridge in the same County Innkeeper

Joseph Newton of Stayley in the County of Chester Agent (formerly a Butcher) the Son of the said deceased and Neddy Shelmerdine formerly of Vale Cottages Roughtown within Saddleworth in the County of York but now of Woodend in Saddleworth aforesaid Shopkeeper, the

Executors therein named they having been first sworn duly to administer.

No Leaseholds

Effects under £800

Extracted by Messrs Lees & Shaw

of Stalybridge, Solicitors

This is the Last Will and Testament of me William Newton of Stayley in the County of Chester Yeoman who make the same in manner following that is to say First I will order and direct all my just debts funeral and testamentary expences and the charges of the probate and execution of this my will to be duly paid and discharged by my Executors hereinafter named I give devise and bequeath unto my son John Newton All that plot of land or ground situate at New Building Stayley aforesaid containing six hundred square yards or thereabouts and also all those three messuages cottages or dwellinghouses and buildings created thereon or on some part thereof one of which is now in my own occupation and the other two in the respective occupations of James Booth and Edwin Booth which said plot of land is part of a plot of land there containing one thousand square yards or thereabouts and is the higher or north end of the said plot of land which is all comprised in one conveyance to me To hold to him my said son John Newton his heirs and assigns for ever or for all other my estate term and interest therein Subject nevertheless to the payment of a proportionate part of the yearly chief or ground rent charged upon the whole of the said plot of land and premises I give devise and bequeath unto my son Joseph Newton All that plot of land or ground situate at New Building in Stayley aforesaid containing four hundred square yards or thereabouts and also all those three messuages cottages or dwellinghouses and buildings erected thereon or on some part thereof now in the occupations of Mrs Bradbury Daniel Saxon and Adam Denton which said plot of land is the remaining portion of the said plot of land containing one thousand square yards hereinbefore mentioned and conveyed to me as aforesaid and is the lower or south end of the said plot of land which is all comprised in one conveyance to me To hold to him my said son Joseph Newton his heirs and assigns for ever or for all other my estate term and interest therein Subject nevertheless to the payment of a proportionate part of the yearly chief or ground rent charged upon the whole of the said plot of land and premises I give devise and bequeath unto my son in law John Haigh of Heyrod in the County of Lancaster Innkeeper my son Joseph Newton of Millbrook in Stayley in the County of Chester Butcher and Neddy Shelmerdine of Vale Cottages Roughtown within Saddleworth in the County of York Shopkeeper all my share estate and interest of and in all those chief or ground rents arising and payable from land and buildings situate at or near Roughtown and Andrew Mill aforesaid belonging to my late father in law William Andrew or which may hereafter arise or become payable to me from the said property late belonging to the said William Andrew and all other my share estate and interest of and in the property late belonging to my father in law William Andrew situate at or near Roughtown and Andrew Mill aforesaid and also all that mortgage debt or sum of three hundred pounds lent by me on

security of the said property of the said William Andrew at Roughtown and Andrew Mill aforesaid subject nevertheless to the trusts and equities affecting the same to hold to them the said John Haigh Joseph Newton and Neddy Shelmerdine their heirs executors administrators and assigns respectively according to the nature and quality thereof respectively Upon trust that they my said Trustees and the Trustees or Trustee for the time being of this Will do and shall receive the rents dividends and annual profits of the said chief or ground rents sum or sums of money and effects and from time to time to pay the same rents dividends and annual profits as and when the same shall from time to time become actually receivable into the proper hands of my wife Mary Newton for the term of her natural life or for so long as she shall remain my widow and no longer And from and after the decease of my said wife or her marrying again whichever shall first happen Upon and for the same trusts ends and intents and purposes for sale conversion application and otherwise as are hereinafter expressed and declared concerning the residue of my estate and effects hereinafter bequeathed I give and devise all the rest residue and remainder of my real and personal estate of what nature or kind soever unto and to the use of the said John Haigh Joseph Newton and Neddy Shelmerdine their heirs executors administrators and assigns according to the nature and quality thereof respectively Upon Trust nevertheless that they the said John Haigh Joseph Newton and Neddy Shelmerdine or the survivors or survivor of them or the executors or administrators of such survivor or other the Trustees or Trustee for the time being of this my will shall and will as soon as conveniently may be after my decease or as soon thereafter as the death or marriage again of my said wife will permit absolutely sell dispose of and convert into money all such parts of my Trust Estates and premises as shall not consist of money and shall and will collect and get in all such parts of the same trust premises as shall consist of money belonging or owing to me at the time of my decease And I declare that my said Trustees or Trustee for the time being may make any sale or sales of my real estate lands tenements and hereditaments either by public auction or private contract and under such stipulation or conditions as to the title to be required by the purchaser or purchasers or the information to be given or evidence to be produced in support of the same or the expences of and incident to the deduction examination or proof of the title or the completion of the sale or otherwise or as to any compensation for or indemnity against misstatements errors or defects or any other stipulations or conditions whatsoever and generally to sell in such manner as they or he shall deem expedient and that he or they shall have full power to buy in the same premises or any part or parts thereof at any sale or sales by auction and to rescind or vary any contract or contracts which shall have been entered into for the sale of

the same premises or any part or parts whatsoever by public auction or private contact and to resell the premises which shall have been so bought in or as to which the contract or contracts for sale shall have been so rescinded without being in anywise answerable for any loss which may happen thereby And I direct that my said Trustees or Trustee for the time being shall stand and be seized and possessed of and interested in my said residuary real and personal estate and the securities of in to or upon which the same shall for the time being consist or be converted or invested and the annual produce and income thereof Upon and for the trusts ends intents and purposes and with under and subject to the powers provisions and declarations hereinafter declared expressed or contained of and concerning the same that is to say Upon trust as to the sum of one hundred and fifty pounds part of the said residue to pay the same in equal shares unto my grandchildren Robert Shelmerdine and John Edward Shelmerdine the children of my late daughter Mary Ann Shelmerdine when they shall respectively attain the age of twenty one years or such of them as shall be then living and the issue then living of such of them as shall be then dead and their his or her executors administrators and assigns as tenants in common such issue if more than one in every degree taking per stirpes And in case of the death of both of them the said Robert Shelmerdine and John Edward Shelmerdine before they attain the age of twenty ne years without issue I direct that the said sum of one hundred and fifty pounds shall go to and form part of my residuary trust monies hereinafter disposed of And as to the sum of thirty pounds other part of the said trust monies Upon trust to pay the same unto Jane Bayley Newton the illegitimate child of my daughter Catherine now the wife of the said John Haigh when she shall attain the age of twenty one years and in case of the death of the said Jane Bayley Newton under the age of twenty one years without issue I direct that the said sum of thirty pounds shall go to and form part of my residuary trust monies hereinafter disposed of And as to the residue of the said trust monies funds and premises after deducting thereout the said two sums of one hundred and fifty pounds and thirty pounds hereinbefore lastly bequeathed Upon trust as soon as conveniently may be after my decease to pay one equal eight part or share thereof unto my son John Newton for his own absolute use and benefit And as to one other eight part or share thereof Upon trust to pay the same unto my son Joseph Newton for his own absolute use and benefit And as to one other eight part or share therefore Upon trust to invest the same as they may think proper and to pay the dividends interest and annual income thereof into the proper hands of my daughter Sarah Bevan the wife of Bentley Bevan of Stalybridge in the County of Lancashire for her own absolute use and enjoyment free from the engagements of any present or future husband for and during the term of her natural life and for which annual

income the receipts of my said daughter shall alone be discharges to my said Trustees or Trustee And immediately after the decease of my daughter the said Sarah Bevan Upon trust to pay the said eighth part or share and dividends arising therefrom unto the child of the said Sarah Bevan by her present or any future husband or all of such children if more than one in equal shares the same to be transferred to such child or children when they shall attain the age of twenty one years or marriage whichever shall first happen And as to one other eighth part or share thereof upon trust to pay the same unto my nephew James Newton of London (who married my daughter Jane) for his own absolute use and benefit And as to one other eighth part or share thereof Upon trust to pay the same and the dividends arising therefrom unto and amongst the children of my late daughter Elizabeth Norris the wife of William Norris of Millbrook in Stayley aforesaid Shopkeeper in equal shares and proportions the same to be transferred to such children when they shall attain the age of twenty one years or marriage whichever shall first happen And as to one other eighth part or share thereof Upon trust to pay the same unto my daughter Hannah Walker the wife of William Walker of Vale Cottage Roughtown in Saddleworth aforesaid Manager in a Cotton Mill for her own absolute use and benefit And as to one other eighth part or share thereof Upon trust to pay the same unto my daughter Harriet Shelmerdine wife of Neddy Shelmerdine of Vale Cottages Roughtown aforesaid Shopkeeper for her own absolute use and benefit And as to the remaining eight part or share thereof Upon trust to pay the same unto my daughter Catherine Haigh wife of John Haigh of Heyrod in the Parish of Ashton under Lyne in the County of Lancaster Innkeeper for her own absolute use and benefit Provided always and I do hereby declare that if any of my children and other residuary Legatees shall died without leaving any issue him her or them surviving then and in each of the said cases the share or shares of such so dying shall go to and be divided amongst the survivors and survivor of them my said residuary Legatees and their his or her issue in the same proportions and in like manner with respect to their original share or shares and from time to time when and as they shall severally so depart this life And I also declare that my wife if she claim any dower or free bench under this my will shall not be entitled to any benefit under the same And I empower my said Trustees or Trustees for the time being in their absolute discretion as to each individual case during the minority of any person or persons who may be or become entitled or who may be presumptively entitled to or in expectancy of any share or interest under this my will to apply or refuse to apply the whole or any part of the interest and income of the presumptive or expectant share as well original as accruing by any death or otherwise of any such minor in for or towards the education or maintenance of such minor with power to

accumulate any unapplied portion of such income or interest and to apply the same at any future period of such infants minority or to add the same to the principal share from which such accumulations shall have arisen at their discretion And I declare the my Trustees and Executors shall have power to invest any monies which may at any time remain in their hands not immediately applicable to the purposes of this my will at interest in their names in the public funds or on Government securities of the United Kingdom or on real securities in England and Wales And I empower them in their discretion to vary the investment from time to time for any other of the kinds prescribed I devise all Estates as well real as personal of which I am seized or possessed as Trustee or Mortgagee unto and to the use of my said Trustees their heirs executors administrators and assigns respectively subject to the equities and trusts affecting the same respectively and to be disposed of as far as I am beneficially interested therein for the purposes of this my Will I empower my said Trustees and Trustee for the time being to give receipts for all monies and effects to be paid and delivered to them by virtue of this my Will and declare that such receipts shall exonerate the persons taking the same from all liability to see to the application or disposition of the monies or effects therein mentioned I empower my said Trustees to compound and to allow time for the payment of any debt or debts due to my Estate and to satisfy all demands against my Estate and to settle all accounts between me and any person or persons on such terms as my said Trustees or Trustee for the time being shall in their or his discretion think expedient and to refer any matters in difference relating to my affairs to arbitration Provided always and I do hereby declare and direct that if my said Trustees or any future Trustee or Trustees to be appointed under this provision of my Will shall die or be desirous to be discharged or refuse or become incapapble to act in the trusts aforesaid then and in that case it shall be lawful for the person or persons who for the time being shall be entitled to the rents issues and profits of the said trust estates and premises if such person or persons shall be of the age of twenty one years and if not then for the guardian of such person or persons and in case there shall be no guardian then for the said Trustees or the survivor of them and after the death of the survivor of them for the surviving or continuing Trustees for the time being (and for this purpose refusing or retiring Trustees shall if willing to act in the execution of this power be considered continuing Trustees) to nominate and appoint any other fit person or persons to be Trustee or Trustees in the place or stead of the Trustee or Trustees so dying desiring to be discharged or refusing or becoming incapapble to act as aforesaid and as often as any new Trustee shall be nominated and appointed as aforesaid all the trust estates and premises which shall be then vested under this my will shall be

respectively conveyed assigned and transferred in such manner that the same may be legally and effectually vested in the person or persons so appointed as aforesaid either solely or jointly with the surviving or continuing Trustees as the case may require Upon the trusts and to and for the uses intents and purposes hereinbefore expressed and declared or such of them as shall be then subsisting and capable of taking effect and the persons so appointed as aforesaid shall have and be entitled to exercise the same powers and authorities as if they had been appointed Trustees by this my will Provided also and I do hereby further will and declare that none of the several Trustees hereby appointed nor any of the Trustees to be hereafter appointed by virtue of this provision shall be charged or chargeable with or for any sum or sums of money other than what they shall respectively actually receive by virtue of the trusts in them hereby reposed notwithstanding they or any of them shall join in any receipt for the sake of conformity and that one of them shall not be answerable or accountable for the others or other of them or for the acts receipts neglects or defaults of the others or other of them but each only for his her or their own acts receipts neglects and defaults And also that it shall be lawful for them with and out of the monies which shall come to their respective hands by virtue of the trusts aforesaid to retain to and reimburse himself herself or themselves respectively and allow to his her or their Cotrustee or Cotrustees all such costs charges or expences as they or any of them shall or may respectively sustain expend or be put unto in or about the execution of the trusts in them hereby reposed or in anywise relating thereto and I nominate and appoint the said John Haigh Joseph Newton and Neddy Shelmerdine Executors of this my will and hereby revoke all former and other will and wills by me at any time heretofore made and declare this to be my last Will and Testament

In witness whereof I the said Testator have to each sheet of this my will contained on seven sheets of paper this day of in the year of our Lord One thousand eight hundred and fifty eight

Signed by the said Testator William Newton as and for his last Will and Testament in the presence of us who at his request and in his presence of each other have hereunto subscribed our names as witnesses

On the 30th day of July 1861 the Will of William Newton late of Stayley in the County of Chester Yeoman deceased, was proved by the Oaths of John Haigh, Joseph Newton the Son of the Said deceased and Neddy Shelmerdine, the Executors named in the Said Will having been first sworn duly to administer.

Effects under £800

No Leaseholds

Probate extracted by Messrs Lees and Shaw

Solicitors Stalybridge