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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 |