Summary:

Testator:                 John Scales (1) of Whaithead in Hawkshead, Lancashire, yeoman

Son:                       Robert Scales (2)

Daughters:              Agnes, Margaret and Jane Scales (3)

Brothers-in-law:      Edward Taylor (4) of Finsthwait, William Taylor (5) of Roger Ridding and Rowland Taylor (6) of Whaitmosse

Wife:                      Margaret (5)

Supervisors:            Edward Taylor (4), William Taylor (5), Rowland Taylor (6) and John Townson ?elder of Grisedall

Signed:                   31 May 1700

Witnesses:              John Strickland, Willm. Taylor and John Townson

Probate:                 1 October 1700

Notes:

1. Testator (1649-1700) was the younger son of Robert Scale (d 1708)of Thwaitehead in Furness Fells, Lancashire by Agnes Mackreth (d 1687);

2. Testator’s eldest and only surviving son Robert (1686-1771) married Catherine Kilner (d 1776) in 1713 at Kendal, Westmorland, and had two sons and three daughters;

3. Testator’s daughters: Agnes (1681-1763) married Richard Harrison (1676-1761) of Waterhead at Hawkshead in 1704; the marriages of Margaret and Jane are not in the Hawkshead or Colton parish registers;

4. Edward Taylor was the husband of testator’s sister Elizabeth; William Taylor was a brother of testator’s wife;

5. Testator married Margaret Taylor (1648-1731) at Hawkshead in 1680; she was the sister of William and daughter of  Robert Taylor of Hawkshead;

6. Rowland Taylor married testator’s sister Ellin (d 1707) at Colton, Lancashire in 1690 and had numerous children.

Source:

1. Lancashire Record Office, Preston, Wills proved in the Diocese of Chester, Archdeaconry of Richmond and Deanery of Furness,

2. Will of John Scales (1700) LDS Family History Library, British Film 0098582.

Text:

Will:

In the name of God, Amen.  The thirty first day of May in the year of our Lord God one thousand seven hundred and in the twentieth year of the reign of King William the third by the grace of God over England and so forth, I, John Scales the younger of Whaithead in the parish of Hawkshead in the county of Lancaster, yeoman, being sick of body yet whole and perfect in mind and memory, praise and thanks be given therefore to Almighty God, do make and ordain this my present last will and testament in manner and form following, viz.,

First and principally, I commend my soul into the merciful hands of Almighty God, hoping through the merits, death and passion of my saviour Jesus Christ to have full pardon of all my sins, and to inherit everlasting life; and my body I commit to the earth to be decently interred at the discretion of my friends and executrix hereafter named

And my worldly substance I give and dispose of as followeth, ??? ???

It is my mind and will, and I do give, grant and devise all my messuages, freehold lands and tenements, both at the Whaitehead and in the Daleparke with their appurtenances, unto my son Robert Scales, his heirs and assigns for ever upon condition that he, my said son Robert, shall well and truly pay for the same unto my three daughters, his sisters, viz: Agnes Scales, Margaret Scales and Jane Scales, the sum of three hundred pounds of lawful money, that is to wit, to each of them one hundred pounds, when and as soon as he shall attain the age of twenty one years, at such days and times as he and they and my trustees hereafter named shall agree upon

And if my son Robert when he attains the said age of twenty one years do refuse and deny to pay the said sum of three hundred pounds unto my three daughters as aforesaid, then it is my will and mind and I do give, grant and devise all unto my supervisors and trustees hereafter named, that is to say my three brothers-in-law Edward Taylor of Finsthwait, William Taylor of Roger Ridding, Rowland Taylor of Whaitmosse, and Margaret my wife, and their heirs and assigns forever, all that my messuage, freehold lands and tenement at or in Daleparke aforesaid with the appurtenances, and I will that the same messuage and tenement shall be set to sale by my said trustees or the survivors of them or their heirs or assigns and to be sold for the utmost price and value the same will give, and the money raised by sale thereof to be paid equally amongst my said three daughters part and part alike

Item, it is my mind and will and I do give unto my son Robert Scales the number of seven ?sere sheep young and ??? at Whaitmoss aforesaid to enter into when he attains his full age as aforesaid, and all my husbanding gear

Item, it is my will and mind and I do give unto my eldest daughter Agnes Scales the sum of four score pounds of lawful money

Item, I give unto my daughter Margaret Scales the sum of forty pounds of lawful money

Item, I give unto my daughter Jane Scales the sum of forty pounds of lawful money of England out of my personal estate

Item, it is my will and mind and I do give and ??? unto my executrix and trustees aforesaid full power and authority to fell, cut down and sell any of the woods and underwoods growing and being upon my said messuages and tenements at Thwaithead and Daleparke aforesaid, and the money raised by sale of the same woods I will shall go to the paying of my just debts and the enhancing of my three daughters portions aforesaid

Item, it is my will and mind that all my said children shall be maintained and educated out of the mean profits of my messuages and tenements until my son Robert attain the age of twenty one years (unless they be married)

Item, it is my will and mind and I make my loving wife Margaret Scales sole executrix of this my last will and testament, to whom I give all the rest of my goods, chattels and personal estate, my just debts, legacies and funeral charges first fully paid and discharged

I appoint supervisors my said brothers-in-law, Edward Taylor, William Taylor, Rowland Taylor, and John Townson ?elder of Grisedall, desiring them to see this my last will and testament performed, and I will that my executrix shall pay and satisfy them for their pains and care to be taken therein

Item, it is my will and mind that if it please God any of my said three daughters happen to die before the attainment of age of twenty one years (unmarried) that her portion and legacies shall be equally divided betwixt her other two sisters

In witness whereof, I the said John Scales to this my last will and testament have set my hand and seal the day and year first above written // John Scales //

Sealed, signed, published and declared by the said John Scales the testator to be his last will and testament in the presence of us // John Strickland // Willm. Taylor // John Townson //

Bonds:

1.  For the execution of the will

The first part is in Latin, naming ?Margaret Scales of Thwaitehead in Hawkshead, William Taylor of Roger Ridding and Rowland Taylor of Thwaitemoss, all in Lancashire, as bondsmen, for £300.  It is dated 1 October 1700.

The second part is in English as follows:

The condition of this obligation is such that if the above bounden Margaret Scales shall and do well and truly execute and perform the last will and testament of John Scales late of Hawkshead parish within the archdeaconry of Richmond aforesaid, deceased, in paying all his debts and legacies so far as his goods will extend and law shall bind her, if also she do exhibit into the registry of the said archdeaconry a true and perfect inventory of all and singular the goods, rights, credits, cattle and chattels of the said deceased, and make a true and just account of the same when she shall be thereunto lawfully called, and moreover (if need requires) enter into further bonds with more sufficient sureties for performance of the ??? as the commissary of the said archdeaconry for the time being shall think requisite, and lastly do keep indemnified the above named lord ??? of Christ, his commissary aforesaid and all other his officers and administrators all ??? by reason of the ???, that then this obligation be void, or else in force.  // Margt. Scales, her mark // Willm. Taylor // Rowland Taylor //

Sealed and delivered in the presence of us // Marma. Lambert //

2.  For guardianship of deceased’s minor children:

The first part is in Latin, naming Margaret Scales of Thwaitehead in Hawkshead parish, William Taylor of Roger Ridding and Rowland Taylor of Thwaitemoss, all in Lancashire, as bondsmen for £300.  It is dated 1 October 1700.

The second part is in English as follows:

The condition of this obligation is such that if the above bounden Margaret Scales, her executors and administrators, and every or any of them do well and honestly educate and bring up Agnes, Margaret, Robert and Jane Scales, the natural and lawful children of John Scales late of Hawkshead, doing with sufficient meat, drink, clothes and all other necessaries agreeable to their condition and estate during their minority, and make a true and perfect inventory of all and singular the goods, rights, credits of so doing, and the same so made do exhibit into the registry of the said archdeaconry at or before the first day of December next and make a true and just account of the same when she shall be thereunto lawfully called, and do also well and truly content, satisfy and pay, or cause to be paid unto the said Agnes, Margaret, Robert and Jane Scales, their heirs, executors, administrators or assigns all such filial or child’s ??? and portion, gifts, legacies and other personal estate, and all other rights, dues and ??? due and owing to them by the death, last will and testament of John Scales, their father ?doing or otherwise when they shall accomplish the age of twenty one years, be married, or otherwise lawfully ??? the same, and moreover (if need requires) enter into better bond with more sufficient surety for performance of the premises as the commissary of the said archdeaconry for the time being shall think requisite, and lastly do keep indemnified the above mentioned Lord ??? of ?Christ, his commissary aforesaid, and all other his officers and ministers against all persons by reason of these premises, that then this obligation to be void or else in force.  // Margt. Scales, her mark // Willm. Taylor // Rowland Taylor //

Sealed and delivered in the presence of us // Marma. Lambert //

Inventory:

The inventory was not filmed and may not have survived