Summary:

Testator:                        Robert Scales (1), yeoman, of Thwait Head in Hawkshead, Lancashire

Trustees:                       Robert Atkinson (2) and Myles Drinkall (3) of Rusland

Father:                            John Scales (4)

Wife and executrix:      Agnes (5)

Daughter:                      Ellen (6)

Signed:                           18 January 1698 (Old Style)

Witnesses:                    Rowland Taylor, William Taylor and John Johnson

Bondsmen:                    Agnes Scales (5), John Scales (4) and William Taylor

Probate:                         23 Mar 1699 (Old Style)

Notes:

1. Testator was buried at Hawkshead on 26 Jun 1699; Thwaite Head, formerly called Whaitehead, is sometimes considered to be in Hawkshead parish and sometimes in Colton;

2. Robert Atkinson was testator’s brother-in-law, having married his sister Jane;

3. Miles Drinkall married Mary Taylor in 1704 and had a son George christened in 1705, both in Colton, neither his provenance nor his relationship to testator are known;

4. Testator’s  father John Scales was still alive when this will was made, so he might be the bondsman; he made his will in 1713 and his wife Ellen made hers in 1715;

5. The maiden name of testator’s wife Agnes is not known;

6. Testator’s daughter Ellen was baptised in Hawkshead in 1698, married George Machell in 1718, and had two daughters..

Source:

LDS Family History Library, British Film 0098582

Text:

Will:

In the name of God, Amen.  The eighteenth day of January in the year of our Lord God one thousand six hundred ninety eight, and in the tenth year of the reign of our sovereign lord king William the third, by the grace of God over England, etc.  I, Robert Scales younger, of the Whaithead in the parish of Hawkshead in the county of Lancaster, yeoman, being infirm of body yet whole and perfect in mind and memory, praise and thanks be given Almighty God for the same, considering the uncertainty and brevity of man’s life do make and ordain this my last will and testament in manner and form following

First and principally, I commend my soul into the merciful hands of Almighty God, etc., and my body I commit to the earth to be buried with Christian burial at the discretion of my friends and executrix here after named

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

Imprimis, it is my will and I mind and I do give, grant and devise all my messuage, houses, freehold lands and tenement, with the appurtenances at Whaithead aforesaid or elsewhere in Furness Fells  unto my trusty and well beloved friends Robert Atkinson of the ?relland and my cousin Myles Drinkall of Rusland and the survivor of them, their heirs and assigns for ever; and my will and mind is that my said friends and trustees shall expose the same messuage, lands and tenement to sale and they or the survivor of them or their heirs and assigns shall sell the said messuage and tenement for the utmost price and value the same will give, immediately after the death and decease of my father John Scales, and the money raised by sale thereof I will that my said trustees and my executrix shall pay all my just debts out of the same

Item, I give unto my daughter Ellen Scales the sum of forty pounds of lawful money out of the same

Item, I give unto my said trustees or survivor Robert Atkinson and Myles Drinkall to either of them the sum of twenty shillings for their pains to be taken herein and I desire them to see this my will truly performed

All the rest and remainder of money raised as aforesaid, and all my goods, chattels and personal estate I give unto Agnes my wife, and I make her executrix of this my last will and testament, revoking all former wills by me formerly made or declared

In witness hereof I, the said Robert Scales, have hereunto set my hand and seal the day and year first above written // Robert Scales //

Sealed, signed and declared by the said Robert Scales the testator this to be his last will and testament in the presence of // Rowland Taylor // William Taylor // John Johnson //

Bond:

The first part of the bond is in Latin.  It binds Agnes Scales, John Scales and William Taylor in the amount of £40 and is dated 23 March 1699.

The second part, in English, follows:

The condition of this obligation is such that if the above bounden Agnes Scales, widow, shall and do well and truly execute and perform the last will and testament of Robert Scales, late of Whaithead aforesaid, her husband, 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 Archdeaconry a true and perfect inventory of all and singular the goods, chattels and credits which were and did belong to the said deceased, and make a true and just account of the same when she shall be thereunto lawfully called, and moreover, if need require enter into such further bond with more sufficient surety for performance of the premises as the Commissary of the Archdeaconry for the time being shall think requisite and needful, and lastly do save, defend and ??? keep the above named Lord Bishop of Chester, his Commissary aforesaid, and all other his officers and ministers against a;; persons by reason of these premises, that then this obligation to be void, or else in force. // Agnes Scales, her mark // John Scales, his mark // William Taylor //

Sealed and delivered in the presence of me // Robt. Heblethwt. //

Inventory:

The inventory, if it survived, was not filmed.