Summary:

Testator:                                      Richard Scale (1) of White Stock how in Colton, Lancashire

Daughter:                                    Martha Scale (2)

Wife:                                            Anne (3)

Trustees:                                     John Fell, son of Andrew Fell, late of Ulverston, John Taylor of Thwaite Moss and Thomas Parke of Bardsea

Wife’s children:                         Margaret, wife of Thomas Parke, Elizabeth, Bridget and Anthony

Brother and nieces:                   John Scale (4) of Grizedale, and his daughters Mary and Jennet Scales

Brother-in-law and nieces:       Robert Satterthwaite (5) of Satterthwaite and his daughters Mary and Sarah Satterthwaite

Supervisors:                               John Fell and Daniel Rawlinson of Hulleter

Signed:                                        11 December 1685

Witnesses:                                  Wm. Sawrey, Elizabeth Cragge and John Rawlinson

Bonds:                                         Four bonds are attached to this will

Bondsmen:                                  Anne Scale, Thomas Parke of Bardsea, carpenter, and Edmund Gibson of Stank, gent, both in Lancashire

Probate:                                       20 February 1685 (Old Style)

Notes:

1. Testator was a son John Scales (d 1670) of Thwaitehead in Hawkshead, Lancashire and an unknown wife; White Stock how is now called Whitestock Hall;

2. Testator’s only daughter Martha was baptized at Hawkshead in 1680; she may have married Richard Dodson of Nibthwaite at Colton in 1698;

3. Testator’s wife’s previous surname isn’t known but may have been Askew, for Margaret Askew, perhaps her daughter, married Thomas Parke at Colton on 21 June 1685;

4. Testator’s brother John Scale (d 1686) of Grizedale had, in addition to Mary and Jennett, an illegitimate son John, also of Grizedale, formerly Grisedale;

5. Testator’s brother-in-law Robert Satterthwaite was the husband of his sister Agnes;  a marriage of Agnes Scale and Robert Satterthwaite was recorded in 1654 at Hawkshead, possibly this couple;

6. This will is damaged along its edges and also the bottom center where part is torn away on a fold; text in brackets [] is the transcriber’s best guess at the original.

Source:

LDS Family History Library, British Film 0098582

Text:

Cover:

D Fournesse 1685 20 Feb

Scale Ric nup de Whitestock how par Colton Testamt orig or ?offic vera copia ??? ???

W. Inv. Bds.

Will:

In the name of God, Amen.  I, Richard Scale of White Stock how in the parish of Colton and county of Lancaster being sick in body but whole and sound and in perfect mind and memory, God be praised for the same, do ordain, constitute and make this my last will and testament in manner and form following

First and principally I commit my soul into the merciful hands of god my creator, hoping and believing in the Lord Jesus Christ to obtain full and free pardon of all my sins and my body to be decently buried at the discretion of my ??? and friends

Item, it is my will and mind and I do freely give or grant unto my daughter Martha Scale, her heirs and assigns for ever all my messuage, lands and tenement with their and every of their appurtenances at White Stock how aforesaid or elsewhere in Furness Fells and all and singular the messuage, houses, barns, stables, outhouses, kilns, orchards, gardens, ?uplands, arable lands, meadows, pastures, ?turbary pasture and all and singular their and every of their appurtenances now in my possession or in the possession of my assigns to the sole only proper of benefit and behoof of her the said Martha Scale, her heirs and assigns forever as aforesaid

Provided always, and it is my will and mind that if it please almighty God that my said daughter Martha depart this natural life before she accomplish the age of lawful years that then I do give and grant all and singular the premises unto Anne my wife during her natural life without any impeachment or waste of the premises

Provided that if it please god that my daughter Martha depart this natural life before she accomplish the age of lawful years or do intermarry that then it is my will and mind and I do hereby declare it so to be;

And I do by these presents give and grant all the above mentioned with every of their appurtenances unto John Fell son of Andrew Fell, late of Ulverston, John Taylor of Whaitemoss and Thomas Parke of Bardsey, their and assigns for ever; and I will that they sell the same and every part thereof after my wife Anne’s decease and the monies raised out of the same I do hereby give and grant the sum of fourscore pounds unto four children of my wife’s equally amongst (that is to say) to Margaret, wife of Thomas Parke twenty pounds, to Elizabeth, Bridget and Anthony to each of them twenty pounds

And I will that the rest of the monies raised by the said purchase be equally divided and paid unto Mar[garet] and Jennet Scales, daughters of my brother John Scale of Grisedale and the two daughters Mary and Sarah Satterthwaite, daughters of my bro[ther-in-l]aw Robert Satterthwaite of Satterthwaite equally amongst them; Executrix of my last [will] and testament, I constitute, appoint and make Martha m]y daughter to whom I give all my goods and I will that she pay all [my debts] and funeral expenses; Supervisors I nominate and appoint [?John] Fell and Daniel Rawlinson of Hulleter whom I desire to see this my last will and testament well and truly performed as I do put my trust in them; I[n witness] whereof I, the said Richard Scale, have hereunto set my h[and] and seal the eleventh day of December in the first year of the [reign of our] sovereign Lord King James the second and in the year of our Lord God 1685.

Sealed, signed and delivered in the presence of us // Wm. Sawrey // Elizabeth ?Cragge // John Rawlinson //

Bonds:

1. For returning the original will to the registry

The first part is in Latin.  It binds Anne Scale of Whitestocke hall in county Lancaster, Thomas Parke of Bardsey in county ???, carpenter, and Edmund Gibson of Stanke in ???, in the amount of one hundred and fifty pounds.  It is dated 20 February 1685.

The second part is in English as follows:

The condition of this obligation is such, that whereas the original last will and testament of Richard Scale, late of Whitestocke hall, deceased, was decreed to be delivered to the above bounden Anne Scale, the receipt whereof she the said Anne Scale doth hereby acknowledge, if therefore the said Anne Scale, her heirs, executors, administrators and assigns do upon lawful warning to her to be given, bring in and redeliver the said original will into this court whole unaltered, undefiled and ?uncancelled, as the same is at the sealing hereof to her the said Anne Scale now delivered; and lastly do save, keep harmless and indemnified the above name commissary, and all his officers touching the premises; that then this obligation to be void and of no effect in the law, otherwise to be and remain in full force and virtue.  Signed // Anne Scale // Thomas Parke, his mark // Edm. Gibson //

Signed, sealed and delivered in the presence of us // George Garnett // John Woodburne //

2. For making an inventory and administering deceased’s estate

The first part is in Latin and binds Anne Scales of Whitestocke hall (sic), Thomas Parke of Bardsea and Edmund Gibson of Stank, all in county Lancaster, in the amount of one hundred and fifty pounds.  It is dated 20 February 1600 (sic).

The second part is in English as follows:

The condition of this obligation is such that if the above bounden Anne Scale, administratrix of all and singular the goods, chattels and credits of Richard Scale, late of Whitestockehow, deceased, do or cause to be made a true and perfect inventory of all and singular the goods, chattels and credits of the said deceased which have, or shall come into the hands, possession or knowledge of the said Anne Scale, or into the hands and possession of any other person or persons for her, and the same so made do exhibit or cause to be exhibited into the registry of Kendall Court at or before the 20^th day of March next ensuing, and the same goods, chattels and credits and all other the goods, chattels and credits of the said deceased at the time of his death which at any time after shall come to the hands and possession of the said Anne Scale or into the hands and possession of any other person or person for her, do well and truly administer according to law, and further do make or cause to be made a true and just account of her said administration at or before the 20^th day of February which shall be in the year of our Lord one thousand six hundred and eighty and six, and all the rest and residue of the said goods, chattels and credits which shall found remaining upon the said administrator’s accounts, the same being first examined and allowed of by the judge or judges, for the time being of the said court, shall deliver and pay unto such person or persons respectively as the said judge or judges, by his or their decree or sentence pursuant to the true intent and meaning of the act shall limit and appoint, and if it shall hereafter appear that any last will and testament was by the said deceased made and the executor or executors therein named do exhibit the same into the said court, making request to have it allowed and approved accordingly, if the said Anne Scale above bounden being thereunto required do render and deliver the said letters of administration (approbation of such testaments being first had and made) in the court, then this obligation to be void, otherwise in force.  Signed // Anne Scale // Thomas Parke, his mark // Edmund Gibson //

Signed, sealed and delivered in the presence of us // George Garnett // John Woodburne //

3. For payment of legacies to and upbringing of Martha Scale

The first part is in Latin and binds Anne Scayle (sic) of Whitestocke hall (sic), Thomas Parke of Bardsea, carpenter, and Edmund Gibson of Stanke, all in county Lancaster, in the amount of one hundred and fifty pounds.  It is dated 20 February 1605 (sic).

The second part is in English as follows:

The condition of this obligation is such that if Anne Scayle above bounden do well and truly content and pay or cause to be well and truly contented and paid unto Martha Scale, the natural and lawful daughters of Richard Scayle, late of Whitestock hall in the parish of Colton, deceased, all such filial and child’s parts and portions, gifts, grants, legacies and bequests, sum or sums of money, and all other rights, dues and demands whatsoever due unto her by the death will and inventory of her said father deceased, or otherwise when she shall accomplish her age of twenty one years, be married, or otherwise lawfully demand the same, and in the mean season do well and honestly educate and bring her up, with meat, drink, clothes and all other necessaries during her minority, and make a true and just account of the premises when she shall be thereunto lawfully called; and (if need require) enter into such further bond with more sufficient sureties for performance of the premises, as the above named commissary of the said Archdeaconry for the time being or his successor shall think meet and requisite; and lastly do save, defend and harmless keep the above named Bishop of Chester, his commissary and all other his officers and ministers, against all persons by reason of the premises, that then this obligation to be void and of none effect, or else to stand and be in full power force and virtue. Signed // Anne Scale, her mark // Thomas Parke, his mark // Edmund Gibson //

Signed, sealed and delivered in the presence of us // George Garnett // John Woodburne //

4. For execution of the will

The first part is in Latin and binds Anne Scale of Whitestocke hall (sic), Thomas Parke of Bardsey, carpenter, and Edmund Gibson of Stanke, gent, all in county Lancaster, in the amount of one hundred and fifty pounds.  It is dated 20 February 1685.

The second part is in English as follows:

The condition of this obligation is such that if the above bounden Anne Scale well and truly execute, perform, fulfill and keep the last will and testament of Richard Scale, late of Whitestocke hall in the county of Lancaster ??? viz. do pay or satisfy all debts, children’s portions and all other legacies according to the ??? of the said last will and testament so far as the law ??? and do exhibit into court a true and perfect inventory of all and singular the goods and rights of the said deceased , give the court ??? account of the premises when she shall be thereunto lawfully called, and shall from time to time and at all times hereafter well and sufficiently save, defend and keep harmless and indemnified the said commissary and all his officers touching the premises, and shall give a further and better security to the said commissary when she shall be thereunto lawfully called, then this obligation to be void, otherwise in force. // Anne Scale, her mark // Thomas Parke, his mark // Edm. Gibson //

Signed, sealed and delivered in the presence of us // George Garnett // John Woodburne //