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The Will of Samuel Sandbach

 

This is the last Will and Testament of me Samuel Sandbach of Burton in the Parish of Tarvin in the County of Chester Esquire I direct that all my just debts and my funeral and testamentary expences shall be paid and discharged out of my Personal Estate as soon as conveniently may be after my decease And as to my messuage or tenement with the outbuildings lands and appurtenances thereunto belonging situate in Burton aforesaid now in the holding of John Beckett And also as to my two Crofts or Parcels of land in Burton aforesaid now in the holding of my mother Mrs Mary Calveley now the Wife of Mr James Calveley And also as to my two Cottages with the Gardens and Appurtenances thereunto respectively belonging in Burton aforesaid now in the several holdings of Thomas Jones and Joseph Pemberton And also all those my several fields or parcels of land in Duddon & ffoulk Stapleford in the said County of Chester now in the holding of John Beckett (and all which said Premises I am now possessed of under or by virtue of the last Will and Testament of William Sandbach late of Burton aforesaid Esquire deceased) I dispose of the same in manner following that is to say I give and devise the said premises and every part thereof and all my Estate & interest therein unto my said Mother Mary Calveley Robert Bulkeley Orton of Tattenhall in the said County of Chester Esquire and Joseph Powell of Tattenhall aforesaid Doctor of Medicine their heirs and assigns Upon the trusts and for the several uses hereinafter declared (that is to say) Upon trust by and out of the rents and profits of the said premises as the same shall arise and be received to pay to each and every of the lawful Children of John Read of Spurston in the said County of Chester Yeoman & Elizabeth his Wife and of Joseph ffoxley late of Audlem in the said County and Sarah his Wife the sum of forty pounds apiece when and as such Children respectively shall severally attain their several ages of twenty one years (and to become vested interests at that age) but without any interest thereon in the meantime and subject to such payments as aforesaid Upon further trust to permit and suffer my said Mother Mary Calveley to receive and take all the residue and surplus of the rents and profits of the said Premises to her own use for her life upon her own separate receipt and to be exclusive of the debts controul or engagements of her husband and fro and after the decease of the said May Calveley Upon further trust that the survivors of my said trustees their heirs and assigns do and shall stand possessed of the said Premises and the residue of the rents and profits of the same subject to the Payments before mentioned to the use of and in trust for Jane Charlotte and William the three Children of my brother William Sandbach now of Duddon in the aforesaid County Esquire equally as tenants in common and for their several heirs and assigns forever with the benefit of survivorship among the last named Children in case of any of them dying under the age of twenty one years and without lawful issue in fee simple and in case all the said last named Children shall die in trust for William Sandbach of Spurston (my Mother’s Brother) and for his heirs and assigns for ever And as to all other my real Estate whatsoever not hereinbefore disposed of in possession reversion remainder or expectancy I give and devise the same unto the before named William the Son of my said brother William Sandbach of Duddon and to his heirs and assigns for ever and in case the said William the Son shall die under the age of twenty one years and without lawful issue then I give and devise the said last mentioned real Estate unto the said Jane and Charlotte Sandbach as tenants in common and to their several heirs and assigns for ever with benefit of survivorship in case either of them the said Jane and Charlotte Sandbach dying under the age of twenty one years and without lawful issue in fee simple and in case all the said three Children of my said brother shall die under the age of twenty one years and without lawful issue then I give and devise the said last mentioned real Estate unto the before mentioned William Sandbach of Spurston his heirs and assigns for ever  And as to my Personal estate subject as hereinbefore mentioned I dispose thereof as follows (that is to say) I give and bequeath (to be paid thereout) to my servant John ffenna the annuity or yearly sum of twelve pounds for his own use for his life And I give and bequeath (to be paid thereout) to John Beckett of Burton in case he shall live to attain the age of twenty one years the sum of one hundred pounds but without any interest thereon in the mean time I also give and bequeath (to be paid out of my said Personal estate) unto Mary and Ellen the daughters of William and Ellen Beckett of Spurston the sum of fifty Pounds apiece to be payable on their severally attaining the age of twenty one Years and to become vested interests in them respectively at that age And I give and bequeath unto my Executors hereinafter named the Annuity or yearly sum of twelve pounds to be paid out of my said Personal Estate to be applied at their own discretion for or towards the maintenance and education of my natural child Mary Betteley until she shall attain the age of twent one years then the said Annuity of twelve pounds is to cease and in lieu and stead thereof I give and bequeath to her the said Mary Betteley the sum of fifty pounds for her own use And I give and bequeath out of my said Personal Estate the sum of fifty pounds to the before mentioned James Calveley for his own use And I give and bequeath unto my said Mother Mary Calveley All my household goods and furniture together with my Silver Plate of every description And also all my live and dead stock to and for her own sole and separate use and independent of the debts control or engagements of her Husband and to be freely disposed of by her as she shall notwithstanding her coverture direct or appoint And I give and bequeath All the Rest Residue and Remainder of my said Personal Estate and Effects not hereinbefore disposed of unto the said three Children of my said Brother William Sandbach of Duddon equally to be divided amongst them share and share alike and to become vested interests in them respectively on their severally attaining the age of twenty one years and I hereby authorize my executors to apply any part of the presumptive shares of such children for their benefit during their respective minorities And in case any of the said three Children shall die under the age of twenty one years I give the share of such of them so dying to the survivors equally to be divided between them and to become vested interests at the same time as the original shares and in case the said Children shall all die except one under the age of twenty one years then I give the whole of such residue of my Personal estate (or so much as shall remain unapplied for the benefit of any deceased Child or Children)  unto the sole surviving child on his or her attaining the age of twenty one years And in case all the said Children of my said Brother shall die under the age of twenty one years then I give all the residue of my Personal Estate intended for such Children if they or any of them had attained that age unto the children of the before mentioned William Sandbach of Spurston of John Beckett the Elder of Burton and of William Beckett of Burton who shall be living at the death of the survivor of the children of my said brother William Sandbach of Duddon under the age of twenty one years equally amongst them share and share alike And I nominate and appoint my said Mother Mary Calveley and the said Bulkeley Orton and Joseph Powell to be the Executrix and Executors of this my last Will and Testament and I expressly direct that they or their representatives shall not be answerable or accountable for any more of my effects than shall some to their respective hands nor for any accidental loss which may happen to any part of such effects without their wilful default And I do also direct that they my said Executrix and Executors shall not be answerable for the act the one of the other of them but eaxh of them for his or her or their acts only and that it shall be lawful for them respectively to retain and satisfy to themselves himself or herself out of my Effects all such costs charges and expences as they or any of them shall or may incur sustain or be put unto in relation to my affairs and to the trusts hereby reposed in them In Witness whereof I the said testator have to this my last Will and Testament set my hand and seal this twenty sixth day of May in the year of our Lord one thousand eight hundred and thirty five _ Saml Sandbach

 

(Attestation Clause)

 

John Williams  _  Briscoe Earl  _  Peter Warburton

 

Proved at London 19th November 1835 to Mary Calveley Wife of James Calvely power reserved to the other Executors

 

PCC Prob11/1854


 

This Will was kindly  transcribed and sent in by Ros.

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