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Summary:
Testator:
Rowland Scales, yeoman,
of Hawkshead, Lancashire
Wife:
not named
Daughter:
not named
Friends and
trustees: John Rigg
of Outyeat and John
Poole of Hawkshead
Executors:
John Rigg and John Poole
Signed:
13 October 1855
Witnesses:
Richard Backhouse
Atkinson and Samuel
Green
Probate:
granted at the Manor of
Hawkshead 20 November
1855, by Thos Woodburne,
Steward
Notes:
-
Testator (1801-1855)
was a son of John
Scales (1773-1853)
of Thwaitehead in
Colton, Lancashire;
-
Testator married
Mary Ann Clarke at
Hawkshead in 1833;
-
Testator’s daughter
Anne was born and
christened at
Colton, Lancashire
in 1834.
Source:
Lancashire Record
Office, Ref WRW/F 1857
Text:
This is the last will
and testament of me
Rowland Scales of
Outyeat in the parish of
Hawkshead in the county
of Lancaster, yeoman,
made this tenth day of
October one thousand
eight hundred and fifty
five.
I give and bequeath all
my household furniture
and all my personal
chattels to my wife
absolutely.
I give all the rest of
my personal estate
whatsoever and
wheresoever which I have
power to dispose of to
my friends Mr. John Rigg
of Outyeat aforesaid and
John Poole of Hawkshead
aforesaid to hold the
same unto and to the use
of them the said John
Rigg and John Poole
their heirs and assigns
forever upon Trust
either as soon after my
decease or when they
shall deem proper to
sell the same by public
auction or private
contract with liberty
from time to time if
deemed expedient to buy
in any part thereof at
any auction and to
rescind or vary the
terms of any contract
for sale that may have
been entered into and to
convey such parts of the
said estate as from time
to time shall be sold in
such manner as the
respective purchasers
thereof shall direct and
I declare that such
purchasers respectively
shall exonerated from
all responsibility in
respect of the
application of the
moneys paid by them
respectively to the
trustees or trustee for
the time being of this
my will and I declare
that my said trustees
shall stand possessed of
the moneys to be
produced by such sale or
sales as aforesaid after
deducting the expenses
attending the same upon
trust to invest the same
in their or his names or
name upon good security
with power to vary and
transpose such security
from time to time as
often as occasion shall
require and upon trust
to pay the interest and
annual produce thereof
to my wife for so much
of her life as she shall
continue my widow and
subject thereto upon
trust to pay the same to
my only daughter as and
when the same shall be
received until she
attains the age of
twenty one years and
when she shall attain
that age then I give all
my said trust moneys and
premises subject to my
wife’s interest therein
as aforesaid to my said
daughter absolutely.
I order all my debts and
funeral expenses to be
paid by my executors out
of the first moneys
coming to their hands
and authorize them from
time to time to advance
to my said wife and
daughter such sums of
money as they may think
proper during the
widowhood of my wife or
minority of my daughter
out of the principal of
the said trust premises
if the income thereof is
in their or his
discretion thought
insufficient for their
or her proper
maintenance and so from
time to time as occasion
shall require
I give my said trustees
or either of them
liberty to buy the fee
simple and inheritance
of the whole or any part
of my real estate at any
bonafide sale by auction
for their or his own use
notwithstanding any rule
of law or equity to the
contrary
I appoint the said John
Rigg and John Poole
executors of this my
will and declare that
they shall not be
answerable or
accountable for any
involuntary loss nor for
the acts or defaults of
each other nor for more
of the said trust moneys
than they shall
exclusively receive
notwithstanding their
joining in or signing
any receipts or doing
any other act for the
sake of conformity and
that it shall be lawful
for my said trustees,
their executors and
administrators
respectively to
reimburse themselves and
to allow each other all
costs charges damages
and expenses which they
or any of them may
sustain in the due
execution of the trusts
aforesaid.
I hereby revoke all my
former wills
I witness whereof I have
hereto set my name and
seal the day and year
first before written
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Signed, sealed,
published and
declared as and
for the last
will and
testament of
Rowland Scales
in the presence
of us who at his
request in his
presence and in
the presence of
each other have
hereto
subscribed our
names as
witnesses
Richard
Backhouse
Atkinson
Samuel Green |
The mark and
seal of Rowland
Scales X |
Probate:
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Manor of
Hawkshead
20 November 1855 |
This will found
good by the Jury
and allowed by
me
Thos Woodburne,
Steward |
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