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Summary:
Testator:
John Scales (1) of
Thwaitehead in Colton,
Lancashire, gentleman
Wife:
Agnes (2)
Daughters:
Katherine and Agnes (3)
Trustees: John
Machell of Hollowoak,
esquire, and William
Fell and John Robinson,
of Ulverston, gentlemen
Sister:
Mary Dodgson (4)
Signed: 15
February 1786
Witnesses: Alice
Hudson, Jn. Towers,
Henry Shaw
Probate:
granted 23 April 1791 to
Agnes Scales
Notes:
-
Testator is always
called gentleman or
Esquire or Mr. in
the parish records,
suggesting that he
was important, since
very few other
people have their
name so qualified;
-
Testator’s wife
Agnes, daughter of
John Chamney, first
married Benjamin
Shippard and had a
daughter Margaret;
by testator she had
a son Robert Chamney,
who died an infant,
as well as two
daughters;
-
Testator’s daughters
both married and had
large families:
Katherine
(1778-1822) married
Joseph Christian
(1771-1821) of
Mortlake, Surrey;
Agnes (1780-1824)
married Frederick
Hare (c1778-c1856)
of Stanhoe Hall,
Norfolk; with their
half sister Margaret
Shippard, they were
coheirs of their
uncle William
Chamney (b 1748);
-
Testator’s sister
Mary (b 1718)
married John Dodgson
of Ulverston at
Hawkshead in 1744.
Source:
-
Lancashire Record
Office, Preston,
Wills proved in the
Consistory Court of
Chester,
Archdeaconry of
Richmond, Furness
Deanery;
-
LDS, Family History
Library, British
Film 0099137
Text:
In
the name of God amen.
I,
John Scales of
Thwaitehead in the
parish of Colton in the
county of Lancaster,
gentleman, being in good
health and of sound mind
memory and
understanding, praised
be God for the same, but
considering the
uncertainty of this life
do make, publish and
declare this my last
will and testament in
manner and form
following, that is to
say
First, I will and order
that all my just debts,
funeral and testamentary
expenses shall be well
and truly paid and
discharged by my
executors hereafter
named and I do hereby
give and bequeath to my
dear wife Agnes all such
household goods
furniture plate (linen?)
and china as belonged to
her at the time of our
marriage to and for her
own use.
Also I give and bequeath
to my said wife the
reasonable use and use
wearing of all the rest
of my household goods
furniture plate (linen?)
and china or of such
part thereof as she
shall choose until my
youngest child shall
attain the age of twenty
one years
And also I do give and
bequeath to my said wife
all my household
provisions liquors fuel
and household stores and
the legacy or sum of
twenty pounds in money
to be paid to her as
soon as may be after my
death over and beside
her jointure of forty
pounds a year which I
settled upon her
previous to our marriage
all of which legacies
and jointure I do order
and direct she shall
accept and take in lieu
and bar of dower and all
other claims out of all
my real and personal
estate whatsoever and
In
case I shall depart this
life without having a
son or sons born in my
lifetime, or in due time
after my death, or in
case I shall have a son
or sons who shall die
under the age of twenty
one years without
leaving lawful issue,
then in either of the
said cases I do hereby
give and devise all and
every my messuages,
tenements, lands, and
hereditaments whatsoever
situate, lying and being
at Thwaitehead and
Dalepark in the county
of Lancaster and
elsewhere to and equally
amongst my daughters
Katherine, Agnes and any
other daughter or
daughters who may
hereafter be born unto
me either in my lifetime
or in due time after my
death, their several
heirs and assigns for
ever to take as tenants
in common and not as
joint tenants
And I hereby give devise
and bequeath to my said
wife and my relations
and friends John Machell
of Hollowoak in the said
county of Esquire and
William Fell and John
Robinson both of
Ulverstone in the said
county, gentlemen, their
heirs, executors,
administrators and
assigns, all my part and
share in the Ironworks
at Backbarrow,
Pennybridge, Sparkbridge,
?Lowwood and elsewhere
in the said county and
of the houses, lands,
hereditaments, capital
stock, debts, goods and
effects belonging to the
said joint trade and all
the residue and
remainder of my goods,
chattels, money,
securities for money and
personal estate
whatsoever and do hereby
name and appoint them
executrix and executors
of this my last will and
testament, in trust
nevertheless that they
do and shall sell and
dispose of the said
share in the Ironworks,
houses, lands,
hereditaments, stock,
debts and effects or any
part thereof or any
other of my goods or
effects when and in such
manner as they shall
choose or think proper
or carry on the said
trade and apply the
profits thereof and the
money raised by sale of
the said goods and
effects for the use and
benefit of my said
daughters
And I do hereby
authorize and desire my
said executrix and
executors to receive the
rents and profits of my
real estate and to fell,
cut down, sell and
dispose of any woods
growing or to grow
thereon during the
minority of my said
daughters or any of
them, and to apply the
money thence arising in
their benefit or lend
the same and all other
monies which may be
raised out of my effects
at interest for their
use, share and share
alike
And I do hereby give the
guardianship and tuition
of all my children
during their respective
minorities t my said
wife, with full power
for her to receive and
take out of all or any
part of my effects the
sum of thirty pounds
apiece yearly for their
maintenance and
education till they
shall respectively
attain the age of
fifteen years and
afterwards the sum of
forty pounds apiece
yearly till they shall
severally attain the age
of twenty one years
And I do also empower my
said wife with the
consent of my said
executors, in trust to
expend or lay out the
further sum of one
hundred pounds apiece on
each of my daughters for
sending them to boarding
school, or ??? for their
education or preferment
as my said executors
shall think fit
And in case I shall have
a son or sons born in my
life time or in due time
after my death who shall
live to attain the age
of twenty one years or
who shall die before
that age and leave
lawful issue, then I do
hereby give devise and
bequeath all my
messuages, tenements,
lands and hereditaments
part or share of the
said Ironworks,
buildings, lands,
hereditaments, stock,
goods and effects and
all the residue and
remainder of my personal
estate whatsoever not
before given to my wife
unto my said wife and
the said John Machell,
William Fell and John
Robinson, their heirs,
executors,
administrators and
assigns, in trust that
they do and shall by and
out of the rents and
profits thereof by
selling or cutting down
the woods growing and to
grow thereon or by sale
or mortgage of my said
real estate or a
competent part thereof
or by sale of my stock
in trade, goods,
chattels or personal
estate or by all or any
of the said ways or
means to raise money
sufficient to pay my
just debts, funeral and
testamentary expenses,
the several annual sums
of money hereinbefore
mentioned to be applied
to my wife in the
maintenance and
education of my
children, and also the
sum of fifteen hundred
pounds apiece which I
hereby give to each of
my children other than
an eldest son, and order
to be paid to them
respectively at the ages
of twenty one years
And in case any of them
shall die before that
age leaving lawful
issue, such issue shall
have and be entitled to
the like fortune if one
or equally amongst them
if more than one, as
his, her or their parent
or parents living would
have been entitled unto
And upon this further
trust, that my said wife
and the said John
Machell, William Fell
and John Robinson, their
heirs, executors,
administrators or
assigns do and shall
convey, assign and
assure all the residue
and remainder of my
messuages, tenements,
lands, hereditaments,
real estate, stock in
trade, goods, chattels
and personal estate
whatsoever, not before
given to my wife, and
pay the money then
remaining in their hands
after payment of the
maintenance and fortunes
of my other children as
aforesaid and after
expending the like sum
or any other further
sums they may think
proper or necessary in
or about the
maintenance, education
or preferment of my said
son during his minority
into and to the use of
such son on his
attaining the age of
twenty one years or his
lawful issue, if one,
and if more than one,
equally amongst them
share and share alike
and to his, her or their
heirs, executors,
administrators and
assigns to and for his,
her or their own use and
benefit
And in case all my
children shall die under
the age of twenty one
years and without
leaving lawful issue,
then I do hereby give,
devise and bequeath all
my messuages, tenements,
lands, hereditaments and
real estate and also the
residue of my personal
estate (not before given
to my wife) to and
equally amongst the
children of my sister
Mary Dodgson, their
several heirs,
executors,
administrators and
assigns for ever, they
paying on coming into
possession my said
estate to each of my
sisters who shall be
then living the sum of
two hundred pounds
apiece
And I do hereby
expressly order that my
said executrix and
executors shall not be
answerable or
accountable one for
another nor for the
deeds, receipts or
defaults one of another,
nor for any loss of the
said trust estate and
effects by bad debts,
defective securities or
otherwise unless the
same happen by or
through their or one of
their willful default
and that they severally
shall or may by or out
of the effects which
shall from time to time
come to their hands,
deduct and retain their
necessary charges and
expenses together with a
reasonable satisfaction
for their trouble in the
execution of the
aforesaid trusts
And lastly I do hereby
revoke all former and
other will and wills by
me at any time
heretofore made and do
declare these presents
only to be and contain
my last will and
testament, in witness
whereof I the said John
Scales have to this my
last will and testament
contained in four sheets
of paper set my hand and
seal at the bottom of
the writing in each
sheet this fifteenth day
of February in the
twenty sixth year of the
reign of King George the
third and in then year
of our Lord one thousand
seven hundred and eighty
six.
// John Scales //
The writing contained in
this and the other
sheets of paper hereunto
annexed was signed,
sealed, published and
declared by the said
testator as and for his
last will and testament
in the presence of us
who by the desire and in
the presence of the said
testator and of one
another have hereunto
subscribed our names as
witnesses thereto
Witnesses: // Alice
Hudson / Jn Towers //
Henry Shaw //
Probate:
April 23rd
1791
Agnes Scales, executrix
in this will named was
sworn well and
faithfully to execute
and perform the same and
so forth (power being
reserved for John
Machell, William Fell
and John Robinson,
executors in the said
will named) and that she
believed all the
personal effects of the
testator above named
died possessed of will
not in their real value
amount to the sum of two
thousand pounds – before
me – Reg. Brathwaite -
Surrogate |
