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The Will of Thomas Pedder
 

Summary:

Testator:                 Thomas Pedder (1) of Preston, Lancashire, esquire

Brother:                  Edward Pedder (2)

Nephews and niece:      Edward, James and Jane or Jennett Pedder, children of testator’s brother Edward

Sister-in-law:          Mrs. Pedder of Lancaster (3)

Late brother:           Reverend James Pedder (3)

Legatee:                 ? ?McClane, daughter of Henry Barnes

Servant:                  James Hendle

Nephews and niece:      James, John and Margaret Pedder (3), children of testator’s late brother James

Sister:                     Mrs. Derbyshire (4)

Nieces:                   Jane, wife of James Knowles (5)

Niece:                    Ann Derbyshire (4)

Great nephews and niece:         Thomas, James and Mary Knowles (5), children of testator’s niece Jane Knowles

Sellers of property: John Smalley and the trustees of Thomas Coulborn

Tenants:                  James Willacy, Anthony B???ton, Richard Singleton, Widow Smith and her son Thomas Smith

Housekeeper:         Elizabeth Gibson

Signed:                   10 November 1781

Witnesses:              Robt. ?Craddock, ?gent, Thomas Corvell and Jno. Cross

Probate:                 granted (no date) to Edward Pedder by Humph: Shuttleworth, Surrogate

 

Notes:

  1. Testator (1729-1781) was the fourth son and eighth child of Richard Pedder by his wife Jennet Reed; he was mayor of Preston in 1779; he is not known to have married;

  2. Edward Pedder (1717-1789) was testator’s second, but eldest surviving brother; he was several time mayor of Preston; he married Katherine Clayton and had ten children;

  3. James Pedder (1731-1772) was testator’s youngest surviving brother; he was patron and Vicar of Garstang; he married Jane Bowes and had two sons and a daughter;

  4. Testator’s sister Grace (b 1726) married John Derbyshire of Preston and had three sons and two daughters, of whom Ann was the younger;

  5. Testator’s niece Jane Knowles (b 1749) was the elder daughter of his sister Grace by John Derbyshire; she married James Knowles and had two sons and a daughter.

 

Source:

Lancashire Record Office, Wills proved in the Consistory Court of Chester, FHL Film 99258

 

Text:

This is the last will and testament of  me Thomas Pedder of Preston in the county of Lancaster, esquire, made whilst I am ??? of ?perfect memory and understanding in manner following, that is to say,

I give and bequeath unto my brother alderman Edward Pedder twenty guineas for mourning or rings for himself and his family, to Edward Pedder, eldest son of Edward Pedder and to Mrs. Pedder of Lancaster, the widow of my late brother, the Reverend James Pedder, vicar of Garstang, the like sum of twenty guineas apiece for the like purpose ??? ?McClane daughter of Henry Barnes I give ten guineas, and to James Hendle my servant ten guineas if he lives with me at the time of my death but not otherwise, such legacies to be ??? immediately after my decease

To my nephew James Pedder, son of my said brother Edward and to his sister Jane or Jennett, I give and bequeath the sum of one thousand pounds apiece ???;

To my nephew and niece John Pedder and Margaret Pedder, son and daughter of my said late brother James Pedder the like sum of one thousand pounds apiece;

To my niece Jane, the wife of James Knowles, gentleman, and daughter of my late sister Derbyshire the like sum of one thousand pounds, and to her sister Ann Derbyshire, also daughter of my said sister Derbyshire, twelve hundred pounds;

I also give and bequeath unto Mary, eldest daughter of my said niece Mrs. Knowles, two hundred pounds;

The said legacies to be paid at the end of six months next after my decease to such of the said legatees who shall then be of age and to such of them who shall not then have attained their age, upon their arrival at the age of twenty one years, the interest thereof in the mean time to accumulate or be applied at the discretion of my executors for the use and benefit of such legatees respectively during their minority. 

And in case either my said nephew John or his said sister Margaret, the children of my said late brother James Pedder, or both of them, happen to die before they attain their age the legacy or legacies of him or her so dying shall go to and be equally divided between the survivor of them and James their elder brother hereinafter named; and if it happen that all of them die under age, the said several legacies last mentioned shall be deemed lapsed and go to increase the residue of my personal estate,

And if it happen that Mary, the daughter of my said niece Knowles die before she attain the age of twenty one years, I do order and direct that the said sum of two hundred pounds hereinbefore bequeathed to her shall go and be equally divided amongst all and every other the child and children of my said niece Jane Knowles as they shall severally attain the age of twenty one years.  It is also my will and confidence in the said James Knowles that after the decease of my said niece, his wife, the said sum of one thousand pounds be equally divided amongst all her children share and share alike. 

All my household goods, plate, linen china, furniture and utensils of what kind soever I give and bequeath unto my said nephew James Pedder, son of my said brother James in hopes that he will use them for furnishing his vicarage house at Garstang Church Town when he be qualified to take upon him that living.

All those two closes, closures or parcels of land situate, lying and being near Avenham Walk in Preston aforesaid, commonly called Stone Delf Field and the meadow formerly in one close and which I purchased of John Smalley, I give and devise to my said brother Edward Pedder and my said nephews Edward Pedder and James Pedder his sons and the survivor of them, his heirs, executors and administrators upon trust that they set and demise the same to the best advantage until Thomas Knowles, eldest son of my said niece Jane Knowles shall attain to the age of twenty one years and from his so attaining that age then in trust and so and for the sole use and only proper use and behoof of him the said Thomas Knowles, his heirs and assigns forever; but if it happen that the same Thomas Knowles die before he attain the age of twenty one years, then in trust and to and for the sole and only proper use and behoof of James Knowles, younger son of my said niece Jane Knowles upon his attaining to the age of twenty one years his heirs and assigns for ever, and in case of his death before his attainment to age, then in trust and to and for the sole and only proper use and behoof of all and every the child and children of the said Jane Knowles and their heirs to take as tenants in common and not as joint tenants, and I do further will and direct that the rents and profits of the same closes of ground during the minority of the several persons hereinbefore named and who may become entitled thereto as aforesaid shall be yearly received by the said James Knowles and Jane his wife and the survivor of them and applied to and for the use and benefit of such person or persons respectively in such manner as they the said James Knowles and Jane his wife and the survivor of them shall think proper.

And whereas I have lately contracted for the purchase of a messuage and tenement with the appurtenances commonly called Mayfields situate and being in Bartle within Wood Plumpton in the said county with the trustees of one Thomas Coulborn for the price or sum of eight hundred and fifty pounds or thereabouts of which no conveyance is yet made, now I do direct my trustees and executors hereinafter named to complete such purchase by paying out of my personal estate the said purchase money on having good title made to the said messuage and premises. 

All those my several messuages, mansion houses and farms with lands, grounds and appurtenances thereunto respectively belonging commonly called and known by the names of Larbreck Hall situate and being in Larbreck in the county aforesaid and now in now in possession of James Willacy – two messuages, farms or tenements commonly called Whinney Field House and Cuckstool House situate and being in Wood Plumpton aforesaid and now in the possession of Anthony B???ton - one other messuage, farm or tenement situate and being in Bartle within Wood Plumpton aforesaid commonly called Harrisons and now in possession of Richard Singleton – one other messuage, farm or tenement situate and being in Bartle aforesaid commonly called Lorimers in possession of Widow Smith and Thomas Smith her son or one of them and the said messuage, farm or tenement hereinbefore mentioned called Mayfields situate and being in Bartle aforesaid, and all other my lands, tenements and hereditaments with the appurtenances in Larbreck and Wood Plumpton aforesaid or either of them or the divisions or precincts thereof, I give and devise unto my said brother Edward Pedder, and the said Edward Pedder and James Pedder, his sons, their heirs, executors and administrators, in trust nevertheless to and for the use of my nephew James Pedder, eldest son of my said late brother the reverend James Pedder, his heirs and assigns, subject to the following proviso, that is to say, upon this express condition that he, the same James Pedder, shall enter into Holy Orders and be inducted to and perform the clerical duties of the vicarage of the parish of Garstang aforesaid, the advowson whereof belonged to his said late father and which is devised to him by his will upon the like condition of his going into orders, but in case my said nephew shall happen to die before he is of age for being so ordained or neglect or refuse to be ordained and take ??? the duties of his said cure, then in trust to and for the use of John his younger brother and his heirs provided he enter into Holy Orders and take upon him the performance of the vicarial duties of the said parish of Garstang as aforesaid, the advowson whereof being devised over to him by his said father in case of his said elder brother ??? refusing or neglecting to take upon him the same, and in case neither of my said nephews take holy orders and perform the duties as vicar of the said parish of Garstang I do give and devise over all and every the same messuages, lands, tenements and hereditaments and the rents, issues and profits thereof in the mean time to such person and persons and for such estates, uses, intents and purposes are hereinafter mentioned and declared concerning the residue of my real and personal estates. 

I also give and devise all and every my other messuages, burgages, lands, tenements and hereditaments with their respective rights, members, privileges and appurtenances situate and being in the several townships, precincts or places of Preston, Elston, Fullwood, Caddeley, Bretherton, Greaves-Town in Lea Ashton, Ingel and Collam, Walton in le dale and Layton Hawes or elsewhere in the kingdom of Great Britain wherein I or any person or persons in trust for me have estates, right title or interest (charged with the payment of the sum of eight pounds and eight shillings yearly unto Elizabeth Gibson my housekeeper by two equal half yearly payments, the first of them to be made at the end of six months next after my decease and to continue during her natural life if she remains in my service till the time of my death, but not otherwise) unto the aforesaid Edward Pedder my brother and the said Edward Pedder and James Pedder his sons and the survivors and survivor of them his heirs, executors and administrators, in trust nevertheless for the sole and only use and behoof of Edward, eldest son of the said Edward Pedder the younger and grandson of my said brother Edward Pedder when he shall  attain the age of twenty four years, his heirs and assigns, but in case he should happen to die before he attains that age then to and for the only proper use and behoof of Richard, second son of my said nephew Edward Pedder when he shall attain the age of twenty four years, his heirs and assigns, and in case of his death before his attainment to that age, then to and for the use and behoof of such next son of the said Edward Pedder the younger who shall live to the age of twenty four years, his heirs and assigns forever, and if it should happen that no son of the said Edward Pedder the younger shall attain the age of twenty four years, then to and for the use of such son of my said nephew James Pedder, son of my said brother Edward Pedder as shall first attain the age of twenty four years, his heirs and assigns, and in default of such son of the same last named James Pedder, to and for the use of such son of my said nephew James Pedder, son of my said late brother James as shall first attain his age of twenty four years, his heirs and assigns; and in default thereof to and for the use and ??? of my said nephew John Pedder as shall first attain the age of twenty four years, his heirs and assigns, and in default of all such sons of my said nephews respectively, to and for the use and behoof of my own right heirs for ever.

And whereas I am seized or possessed of diverse messuages, lands, tenements and hereditaments as trustee, mortgagee or otherwise,

Now I do hereby devise all and every the same messuages, lands, tenements and hereditaments and all my estate, rights, title and interest therein unto the said Edward Pedder my brother, the said Edward Pedder the younger and James Pedder, his sons and the survivor of them their and his executors and administrators and direct them to convey the same to the respective persons entitled thereto or their assigns on payment of such sum and sums of money as are or shall be due and owing to me thereupon,  and after payment of all my just debts, funeral expenses and charges of proving and executing the trusts of this my will and the legacies hereinbefore bequeathed 

I do give, devise and bequeath all the rest, residue and remainder of my personal estate and effects of what nature or kind soever unto them the said Edward Pedder my brother, Edward Pedder the younger and James Pedder his sons, their executors and administrators, upon trust and confidence nevertheless that they and the survivor of them and the executors and administrators of such survivor do and shall lay out and invest such residue of any personal estate and the interest and produce thereof till the same shall be so laid out as also the rents, issues and profits of all the remainder of my said real estates last mentioned (after all necessary outgoings for buildings and repairs upon my said estates and which I hereunto have kept in good order and condition) in the purchase of lands within the said county of Lancaster when and so often as they have opportunities of making purchases of eligible estates upon fair marketable terms,  and ??? until such purchases are made it is my will and mind and I do order and direct that my said trustees and the survivor of them continue such personal estate upon the securities whereon the same is now placed so long as they shall deem them sufficient, but I order and direct that all such principal sums as shall be received therefrom together with the interest thereof and of all the residue of my said personal estate, as also the rents, issues and profits of my said last mentioned estates and of such other estates as my said trustees shall purchase by virtue of the power hereby given them upon good land security to accumulate for the benefit of the person or persons who shall become entitled to the inheritance in fee of my said last mentioned real estates, that is to say, to the said Edward Pedder, the grandson of my said brother Edward Pedder when he shall attain the age of twenty four years or in case of his death before that age to such other of the sons of my nephews above named as shall attain that age in manner before directed, it being my will and mind, and I hereby ?ing, ordering and bequeathing that the residue of my said personal estates with the interest and produce thereof, the rents, issues and profits of my said last mentioned real estates and all savings and increase to arise and accrue from the same respectively and all lands, tenements and hereditaments to be purchased as aforesaid shall be considered, deemed and taken to all intents and purposes as part of my said real estates and go to and vest in the son or sons of my said nephews upon the contingencies and conditions above particularly limited, directed and expressed.  And it is my will and desire that my nephew James Pedder, son of my said late brother James shall after he has taken orders and resides in and does the duty as vicar of the said parish of Garstang be added to my said trustees or such of them as shall be then living and I do hereby authorize and empower him from thenceforth to act with them in the execution of the said trusts so in them reposed as effectually to all intents and purposes as if he was now appointed and of age and competent to take upon him the same.  And I do further order and direct that my said trustees and executors hereinafter named shall from time to time retain and reimburse themselves all such costs, charges, damages, outgoings and expenses whatsoever which they or any of them shall pay sustain, lay out or be in anywise put unto for or by reason or on account of the execution of the trusts of this my will, and that they shall not be answerable or accountable for the acts, deeds or receipts of one another but each of them for his own acts, deeds and receipts only.

And I do further order and direct that my said trustees and the survivor of them do lay out and invest the rents, issues and profits of the messuages, lands, hereditaments and premises in Larbreck and Wood Plumpton aforesaid and hereinbefore devised for the use of my said nephew James Pedder, son of my said brother James ??? mortgages of real estates or in the purchase of lands in such manner as is above directed respecting the rents and profits of my said other real estates so devised in trust as aforesaid for the benefit and advantage of the person who shall come into possession and be entitled to the fee simple of the same messuages, lands and premises in Larbreck and Wood Plumpton aforesaid 

And I do constitute and appoint my said brother Edward and nephews Edward Pedder and Samuel Pedder his sons executors of this my will, and revoke all former will and wills by me at any time heretofore made.  In witness whereof I have to the first skin of this my will set and subscribed my name and hereunto my hand and seal this tenth day of November in the year of our Lord one thousand seven hundred and eighty one – 1781.                // Thos. Pedder //

Signed, sealed, published and declared by the said Thomas Pedder the testator as and for his last will and testament in the presence of us who at his request and in his sight and presence and in the presence of each other severally subscribed our names as witnesses // Robt. ?Craddock, ?gent // Thomas Corvell // Jno. Cross //

 

 

Probate:

Edward Pedder, brother of the deceased, one of the executors in this will named, was worn well and truly to execute and perform the same and so forth, power being reserved for Edward Pedder and James Pedder (nephews of the deceased) the other executors in this will named.   Before me // Humph: Shuttleworth // Surrogate

 

 

This Will was kindly transcribed and sent in by Michael.

If you feel that any of the persons named in the above will is a person that you are researching, then you can
 

 

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