Summary:

Testator:                       John Scales (1) of Thwaitehead in Colton, Lancashire

Son and daughter-in-law:                         John and Jane Scales

Granddaughters:            Ellen Atkinson (2) and Ellen Scales (3)

Daughter-in-law:           Agnes Scales (4)

Legatee:                        George Drinkall (5)

Wife and executrix:        Ellen Scales (6)

Supervisors:                  John Strickland of Thwaitehead, cousin Miles Drinkall (3) of Rusland and Reginald Strickland of Rusland

Signed:                          3 October 1713

Witnesses:                     Miles Drinkall and Reginald Strickland

Probate:                        Granted 12 February 1713 (Old Style) to Miles Drinkall by Marmaduke Lambert, Notary Public

Bondsmen:                    Miles Drinkall, John Strickland and Reginald Strickland

Notes:

1. Testator was a son of another John Scales (d 1690), but his mother’s name is unknown;

2. Testator’s granddaughter Ellen Atkinson was the daughter of his daughter Jane by her husband Robert Atkinson;

3. Testator’s granddaughter Ellen Scales was the daughter of his deceased son Robert by his wife Ellen;

4. Testator’s daughter-in-law was the widow of his son Robert, who died in 1699 before his parents;

5. George Drinkall (b 1705) was a son of Miles Drinkall by Mary Taylor, who had been married in 1704 at Colton; the Taylors intermarried with the Scales family many times, but Miles Drinkall’s connection with testator hasn’t been discovered

6. Testator’s wife Ellen made her will in 1714 and died in 1715; her parents are not known..

Source:

LDS Family History Library, British Film 0098583

Text:

In the name of God, Amen.  The third day of October Anno Domini 1713  John Scales of Thwaitehead in the parish of Colton and in the county of Lancaster, yeoman, sick in body but in perfect mind and memory, praised be Almighty God for the same, do make and declare this to be my last will and testament in manner following

First, I give my soul to God that gave it me, hoping through the merits of Christ’s death to have full pardon of all my sins; and my body I commit to the earth to be decently buried at the discretion of my executor hereafter named

And for my personal estate, I devise and dispose of the same as followeth

Imprimis, to my son John Scales and to Jane his wife, five shillings

Item, to Ellen Atkinson, my granddaughter the sum of ten shillings

Item, I give to my daughter-in-law Agnes Scales the sum of one pound

Item, I give to my granddaughter Ellen Scales all my sheep, young and old

Item, I give my cousin George Drinkall the sum of ten shillings to be paid twelve months after my decease

Item, I make my loving wife Ellen Scales whole executor of this my last will, paying all my just debts and funeral expenses and legacies

Supervisors hereof, I desire and appoint John Strickland of Thwaitehead and my cousin Miles Drinkall of Rusland and Reginald Strickland of Rusland, desiring them to see this my last will performed and my executor to content them for their pains, in witness whereof I have hereunto put my hand and seal the day and year first above written // John Scales, his mark //

Signed, sealed, published and declared in the sight and presence of // John Strickland // Miles Drinkall // Reginald Strickland //

Bond:

The first part is in Latin.  It binds Miles Drinkall of Rusland in Colton, Lancashire, and John Strickland and Reginald Strickland of the same, in the amount of £???. It is dated 12 February 1713.

The remainder is in English as follows:

The condition of this obligation is such that if the above bounden Myles Drinkall do well and truly execute and perform the last will and testament of John Scales, late of Thwaitehead in Colton parish, deceased, and do pay his debts and legacies so far as his goods will extend and law shall bind him; if also he do exhibit into the Registry Office in Kendal a true and perfect inventory of all and singular the goods, rights, credits, cattle and chattels of the said deceased and do make a true and just account of the same when he shall be thereunto lawfully called; and moreover (if need require) enter into further bond with more sufficient sureties for performance of the premises as the Bishop of the court for the time being shall think requisite; and lastly do save, defend and harmless keep the above named Bishop and all his officers and ministers against all persons by reason of the premises, then this obligation be void or else to remain in full force and virtue. // Miles Drinkall // John Strickland // Reginald Strickland //

Signed and delivered in the presence of us // Marma. Lambert, N.P. //