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The Will of Thomas Nichols

 

This is the last Will and Testament of me Thomas Nichols of Nocktorum in the Hundred of Wirrall in the County of Chester Yeoman which I make and publish this twenty fourth day of June in the Year of our Lord One thousand eight hundred and nine in manner following that is to say First I direct all my Just Debts Funeral Expences and the Charges of the Probate of this my Will and the Legacies hereinafter bequeathed to be paid out of my personal Estate and in such manner as is hereinafter mentioned I Give Devise and Bequeath unto my Sons William Nichols and Thomas Nichols the Sum of Twenty Pounds a piece I Give Devise and Bequeath unto my Daughter Alice Ellison Wife of Henry Ellison of Woodchurch in the said County Farmer the sum of Thirty Pounds And I Give Devise and Bequeath unto my Daughter Nancy of Ann Urmson Wife of William Urmson of Bidston Lighthouse in the said County the sum of Forty Pounds to be paid to them my said Sons and Daughters in six Months after my Decease which said several Sums I charge upon and make payable out of the property by me bequeathed to my son Joseph Nichols as hereinafter mentioned And in Case any of them my said Sons and Daughters last mentioned shall happen to be then dead leaving lawful Issue Then I direct that the share of him her or them so dying shall go and be paid to such Issue if more than one share and share alike. And it is my Will and mind and I direct that my Wife Hannah Nichols shall have the Use and enjoyment of the Parlour or Bedchamber in my now Dwellinghouse during her natural Life if my Estate and Interest therein shall so long continue And I Give and Bequeath unto my said Wife Hannah my Bed Bedstead Linen and the Furniture thereto appertaining and such other part of my Household Furniture Plate Linen and China as she shall think proper to take and for her own absolute use and disposal And it is my further Will and mind that my said Wife Hannah shall and may the Use and enjoyment of the Room in my said Dwellinghouse now used by her as a Shop during her natural Life if my Estate and Interest therein shall so long continue provided she chooses to carry on her said Business of a Shopkeeper in the said Room but not otherwise I also Give and Bequeath unto my said Wife All the ready Money Securities for Money and Cash that may be in my Dwellinghouse at my decease for her own use and benefit subject nevertheless to my Just Debts Funeral Expences and Probate of this my Will as aforesaid and I Give Devise and Bequeath unto my Son Joseph Nichols his Executors and Administrators All that my Messuage or Dwellinghouse Outbuildings Lands Hereditaments and Premises thereunto belonging now in my own occupation during all the residue of my Estate and Interest therein belonging Subject to my said Wifes use and occupation of the said two Rooms therein as before mentioned I also Give Devise and Bequeath unto my said Son Joseph his Executors and Administrators All the Rest and residue of my Household Furniture Plate Linen and China not hereinbefore disposed of or which my said Wife shall not think proper to take (save and except the Stock in Trade and Fixtures in the said Shop or Room which belong and I hereby give to my said Wife) And All my Stock of Cattle Horses Implements and Utensils whatsoever and wheresoever used employed or belonging in and about my said Farm subject nevertheless And I hereby charge and make chargeable my said Dwellinghouse Lands and Premises Stock of Cattle Horses Implements and Utensils and such Furniture as my said Wife shall not think proper to take (and hereby given and Bequeathed to my said Son Joseph) with and to the payment of the before mentioned Legacies of Twenty Pounds a piece to my Sons William Nichols and Thomas Nichols the sum of Thirty Pounds to my Daughter Alice Ellison Wife of Henry Ellison and the Legacy or Sum of Forty Pounds to my Daughter Nancy of Ann Urmson Wife of William Urmson I Give Devise and Bequeath unto my said Wife Hannah and my said Son Joseph their Executors Administrators and Assigns All that my Messuage or Dwellinghouse and Premises situate in Cumberland Street in Liverpool in the County of Lancaster held by Lease under the Corporation of Liverpool aforesaid Upon Trust that they my said Trustees or the Survivor of them or the Executors Administrators and Assigns of such Survivor do and shall permit and suffer my said Wife Hannah to have receive and take the Rents and Profits of my said Dwellinghouse in Cumberland Street aforesaid for and during the Term of her natural Life if my Estate and Interest therein shall so long continue to and for her own use and benefit and from and after the decease of my said Wife Upon Trust that they my said Trustees or the Survivor of them his Executors Administrators and Assigns apply the Rents and Profits to arise as aforesaid towards the Maintenance Education and Bringing up in the World of my Son James until he shall attain the Age of Twenty one Years and from and after his Attainment to that Age Then upon Trust that they my said Trustees or the Survivor of them his Executors and Administrators do and shall Assign and convey the said Premises unto my said Son James his Executors Administrators and Assigns for all my Estate and Interest therein But in Case my said Son James should happen to die before he attains the Age of Twenty one Years or before he shall get into possession of the said Premises leaving lawful Issue Then I give the said Premises to the respective Issue of my said Son James lawfully begotten if more than one as Tenants in Common and not as joint Tenants But in Case my said Son James should happen to die under the Age of Twenty one Years and without leaving Issue of his Body lawfully begotten Then I Give Devise and Bequeath unto my said Wife Hannah All that my one undivided Moiety or half part of All that my Messuage or Dwellinghouse Outbuildings Lands Hereditaments and Premises situate in or near Brimstage within the Hundred of Wirrall aforesaid in possession of William Lawton held by Lease of the Earl of Shrewsbury for two Lives now in being To Hold unto my said Wife Hannah Nichols her Executors Administrators and Assigns all my Estate and Interest therein for her sole use and benefit But in case my said Wife shall happen to die before me Then I Give Devise and Bequeath my said undivided Moiety or half part of all that my said Premises at or near Brimstage aforesaid unto my said Son James Nichols his Executors Administrators and Assigns for all my Estate and Interest therein And in case my said Wife and my said Son James shall both die before me my said Son James leaving lawful Issue Then I give the said last mentioned Premises to the respective Issue of my said Son James lawfully begotten if more than one as Tenants in Common and not as joint Tenants for all my then Estate and Interest therein But in case my said Son James should happen to die before me and without leaving Issue of his Body lawfully begotten Then I Give Devise and Bequeath the said last mentioned Premises unto my Son Joseph his Executors Administrators and Assigns for all my Estate and Interest therein And as to all the rest residue and remainder of my Estate and Effects whatsoever and wheresoever not herein before by me disposed of I Give Devise and Bequeath the same and every part thereof unto my said Wife Hannah her Executors Administrators and Assigns absolutely for ever according to my Estate and Interest therein respectively And I do hereby Order and Direct that my said Trustees and Executors and the Survivor of them and the Executors Administrators and Assigns of such Survivor shall reimburse and pay unto themselves out of any of the Monies which by virtue of the Trusts if this my Will shall or may come to their or any of their Hands all such reasonable Costs Charges and Expences as they respectively shall or may sustain expend or be put unto in and about the Execution of this my Will or any matter or thing relating thereto And also that my said Trustees and Executors and the Survivor of them and the Executors Administrators and Assigns of such Survivor shall be charged and chargeable only for and with his her and their respective Receipts Payments Acts and willfull defaults and not otherwise and they shall not be charged and chargeable with or for any Loss or Damage that may happen to the said Trust Premises nor with or for any Sum or Sums of Money other than such as shall actually and respectively come to his her or their Hands by virtue of this my Will nor for any other Matter or thing which may happen in the Execution of all or any of the Trusts hereby in them reposed without his her or their respective wilful defaults And Lastly I do hereby nominate constitute and Appoint my said Wife Hannah Nichols and my said Son Joseph Nichols Executrix and Executor of this my Will And I do hereby revoke and make void all former and other Will and Wills by me at any time heretofore made and declare this only to be my last Will and Testament In Witness whereof I the said Testator Thomas Nichols have to this my last Will and Testament and also to a Duplicate hereof contained in four sheets of Paper set my Hand and Seal that is to say my Name or Mark at the foot of three first sheets and my Name or Mark and Seal to this fourth and Last Sheet the day and Year first above written

Thomas X Nichols his Mark

J N Houghton
Mary Houghton
Peter Nichols

Proved 19 October 1809
Estate under Eighteen Hundred Pounds

Cheshire Record Office

 

This Will was kindly  transcribed and sent in by Ros.

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