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This is the
last Will and Testament of me Ralph Pownall RUSHTON of Birkenhead in
the county of Chester Joiner which I make publish and declare
this twenty seventh day of September in the year of our Lord one
thousand eight hundred and forty seven and I do hereby revoke all
wills codicils and other testamentary dispositions made by me at any
time heretofore I order and direct that all my just debts (excepting
the monies owing by me upon mortgage as hereinafter mentioned)
funeral expenses and the charges of proving and executing this my
will be paid and discharged as soon after my decease as conveniently
may be I give and bequeath to my son John RUSHTON my watch chain and
seals and also my joiners tools and instruments for his own absolute
use and benefit I give and bequeath all my clothes and apparel unto
and equally between my said son John and my son Peter RUSHTON I give
and bequeath to my dear wife Jane all my household goods and
furniture plate linen and china for her own absolute use and benefit
I give and devise unto my friends John SIDDALL and Thomas ATHERTON
both of Liverpool in the county of Lancaster Joiners and to their
heirs and assigns all those my two front and six back dwelling
houses land buildings and hereditaments situate in Waterloo Place in
Birkenhead in the county of Chester and also all other my real
estate of what nature or kindsoever and wheresoever situate subject
to any mortgage or other encumbrance thereon upon trust to take and
receive the rents issues and profits thereof and to pay the same
unto my dear mother Nancy RUSHTON during her life to and for her own
use and benefit and from and immediately after the decease of my
said mother Nancy RUSHTON upon trust to sell and dispose of the said
eight dwelling houses either by public auction or private contract
in such way and manner as to them or him shall seem most expedient
and I do declare that my said trustees or the survivor of them and
their heirs executors administrators and assigns of such survivor do
and shall stand possessed of the net proceeds to arise from the said
sale after paying the expenses thereof upon trust to divide the same
into eight equal parts or shares and to pay and divide seven of such
equal eight parts or shares unto and equally between my brothers and
sisters Thomas RUSHTON John RUSHTON William RUSHTON Ann the wife of
William HILTON of Birkenhead Joiner, Betsy the wife of James BOLTON
of Birkenhead aforesaid Mason, Jane the wife of Thomas BARNETT of
Tranmere in the said county of Chester Painter and Margaret the wife
of Thomas GLOVER at present engineer on board the steam ship Madrid
of Southampton and do and shall divide the other eighth part of the
whole unto and equally between my four children Ann RUSHTON
Elizabeth RUSHTON John RUSHTON and Peter RUSHTON for their own
absolute use and benefit Provided and I do declare that if my
said mother shall happen to depart this life during the minority of
any of my said children it is my will that until the youngest of my
said children shall attain the age of twenty one years my said
trustees shall lay out and invest the said eighth part or share so
intended for them together with the accumulations thereof from time
to time in the so parliamentary stocks or funds of Great
Britain or on government or real securities in England or Wales and
may and transpose such securities when and as they or he shall think
proper I give and bequeath unto the said John SIDDALL and Thomas
ATHERTON their executors administrators and assigns all the rest
residue and remainder of my monies securities for money and my
personal estate whatsoever and wheresoever upon trust to convert
into money such part thereof as shall be in its nature saleable and
to lay out and invest the proceeds arising therefrom and also such
part thereof as shall consist of money in the like stocks funds and
securities aforesaid and I do declare that my said trustees shall
accumulate the interest and proceeds arising therefrom and invest
the same in lake manner until the youngest of my said children shall
attain the age of twenty one years and upon such youngest child
attaining the said age I direct my said trustees to pay distribute
and divide the said principal monies together with the accumulations
thereof unto and equally between my said children Ann RUSHTON
Elizabeth RUSHTON John RUSHTON and Peter RUSHTON or such of them as
shall be then being And I declare that the receipt and receipts of
my said trustees for any money payable to them under this my will
shall be effectual and discharges and discharged for the money
therein expressed to be received and that my said trustees shall
not be accountable the one for the other of them and by no means for
involuntary losses and that if either of them my said trustees shall
decline to act or shall die the continuing or surviving trustee may
appoint a new trustee in the place of the one so declining or dying
and the trust estate shall thereupon be transferred into the names
of the continuing or surviving trustees jointly with such new
trustee And I hereby nominate constitute and appoint the said John
SIDDALL and Thomas ATHERTON executors of this my will
Witness my hand the day and year first above
written
Signed by the said Testator Ralph Pownall
Rushton in the presence of us who in
his Ralph Pownall Rushton
presence and in the presence of each other
have hereunto subscribed our names as
witnesses
Thos Hilliar Sol Birkenhead
Thomas Reed clerk to the said Thomas Hilliar
The third day of January 1848
John SIDDALL one of
the surviving Executors
in this will named was sworn in common form (Thomas ATHERTON the
other Executor therein also named being dead) and he further made
oath that the Testator’s personal estate and effects within the
Diocese of Chester were under the value of one hundred pounds.
Before me Robert Davies …….
Surrogate
The Testator died the third day of October
1847
Probate issued dated 11th Jan 1848
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