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The Will of Henry Webster

 

In the name of God I Henry Webster of Bickerstaffe in the County of Lancaster Yeoman being of sound and disposing mind memory and understanding do for the settling my temporal concerns make publish and ordain this to be my last Will and Testament in manner and form following And first I will and order that all my just debts funeral expenses and the probate of this my last Will to be first paid and discharged.  Item I do hereby give devise and bequeath all my personal estate of what nature or kind soever and all that my leasehold messuage and tenement and the several closes and parcels of land thereto belonging situate lying and being in Bickerstaffe aforesaid unto Thomas Fyles and James Ascroft both of Bickerstaffe aforesaid Yeomen their heirs Executors and Administrators upon the several trusts following that is to say upon Trust and Confidence that they the said Thomas Fyles and James Ascroft and the survivor of them his heirs Executors and Administrators do and shall in the first place pay and discharge all my just debts funeral expenses and probate of this my last Will  And upon this further Trust and Confidence that they the said Thomas Fyles and James Ascroft and the survivor of them his heirs Executors and Administrators do and shall by and out of the rents issues and profits of my said leasehold Estate in Bickerstaffe pay unto my wife Margaret Webster (in case she survives me) one clear yearly annuity or yearly outcharge of six pounds of lawful money of Great Britain clear of all future parliamentary taxes or other outgoings whatsoever ordinary or extraordinary and to be paid and payable to her yearly and every year for and during the locus of her natural life (in case she continues to be my widow and without suitor marrying with any person after my death) upon the four most usual feasts or days of payment in the year that is to say the feast of Saint Michael the Archangel, the feast of the Nativity of our Lord and Saviour Jesus Christ, the feast of the Annutiation of the Blessed Virgin Mary and the feast of Saint John the Baptist by even and equal portions the first payment thereof to begin and be made on such of the said days as shall next happen after my death.  And upon this further Trust and Confidence and to the intent and purpose so that in case it shall happen that the said annuity or clear yearly rent charge of six pounds or any part thereof shall be in arrears or unpaid by the space of twenty one days next over or after any of the said days or times on which the same ought to be paid as aforesaid That then and so often and in such cases I hereby give full power unto and it shall and may be lawful for my said wife Mary and her assigns (in case she shall continue my widow and unmarried) into or upon the said leasehold messuage tenement and premises in Bickerstaffe aforesaid or any part thereof to enter and distrain for the same and the distress and distresses then and there found to load drive carry away and impound the same so impounded to detain and keep until the said annuity or yearly rent charge and all arrears thereof together with the losses and charges of such entry and distress be thereout to my said wife and her assigns fully levied satisfied contented and paid  And also upon this further Trust and Confidence and I do hereby direct and order that they the said Thomas Fyles and James Ascroft and the survivor of them his heirs Executors and Administrators do and shall permit and suffer my said wife Margaret to have hold and enjoy the parlour and the buttery wherein we now dwell and the garden at the East End of the house for her inhabitancy for her life in case she remains my widow and unmarried  And also permit and suffer my said wife to have the use of such goods out of my personal estate and household furniture for the furnishing the said parlour and buttery as she chooses and think proper to elect for and during the term of her natural life only And upon this further Trust and Confidence that they the said Thomas Fyles and James Ascroft and the survivor of them his heirs Executors and Administrators do and shall from and after the payment of my just debts raise levy  and pay unto my son James Webster by and out of the yearly rents issues and profits of my said leasehold estate in Bickerstaffe aforesaid the clear yearly sum of ten pounds of lawful British money for and during the term of seven years from the time of my death and to be paid and payable to him my said son James Webster by two half yearly payments that is to say on every twenty fifth day of December and twenty fourth day of June by even and equal portions the first payment thereof to commence and be paid on such of the said days as shall next happen within twelve months next after my decease  And also upon this further Trust and Confidence that they the said Thomas Fyles and James Ascroft and the survivor of them his heirs Executors and Administrators do and shall by and out of the rents issues and profits of my said leasehold estate in Bickerstaffe aforesaid raise and levy and pay unto my daughter Martha Ascroft the clear yearly sum of four pounds of lawful money for and during the term of eight years and to be paid and payable to her the said Martha Ascroft by two half yearly payments that is to say on every twenty fifth day of December and twenty fourth day of June by even and equal portions the first payment thereof to begin and be made on such of the said days as shall next happen within twelve months next after my said decease And from and after the expiration of the said term of eight years then upon trust that they the said Thomas Fyles and James Ascroft and the survivor of them his heirs Executors and Administrators do and shall by and out of the yearly rents issues and profits of the said estate in Bickerstaffe aforesaid raise levy and pay unto my said daughter Martha Ascroft the further sum of three pounds of like lawful money and the same to be paid to her by two payments  And upon this further Trust and Confidence that they the said Thomas Fyles and James Ascroft and the survivor of them his heirs Executors and Administrators do and shall by and out of the rents issues and profits of my said leasehold estate in Bickerstaffe aforesaid raise and levy and pay unto my daughter Margaret Swift the clear yearly sum of four pounds of lawful money for and during the term of eight years and to be paid and payable to my daughter Martha Ascroft by two half yearly payments that is to say on every twenty fifth day of December and twenty fourth day of June by even and equal portions the first payment thereof to begin and be made on such of the said days as shall next happen within twelve months next after my decease  And upon this further Trust and Confidence  And I do hereby give and devise and bequeath all the overplus of the rents issues and profits of my said leasehold estate in Bickerstaffe aforesaid after payment of my debts the same and every part thereof to my said son John Webster his heirs Exors and Admons  And after the payment of the said debts charges and yearly payments I order and direct that the said Thomas Fyles and James Ascroft and the survivor of them his heirs Executors and Administrators do and shall convey and assign over to my eldest son John Webster his heirs Executors and Administrators all that my said leasehold estate in Bickerstaffe aforesaid for and during all the estate term and interest which shall be then therein   And it is my will and mind and I do hereby order and direct that if any of my annuitants or legatees are not satisfied and content with the several annuities and legacies herein before given to them respectively that then and in such case I do hereby revoke and make void the payment of all such sum and sums of money given and bequeathed to such annuitant or legatee And do order him or her to be paid the sum of one shilling only and no more. I order and direct that what goods my wife does not choose and take to be sold immediately after my decease for the speedier payment of my debts and as to those goods which my wife shall take for the furnishing of the parlour and buttery I order and direct the same to be divided by my Executors equally amongst my children after her death except my clock which I give to my son James Webster  And I do hereby revoke and make void all former Wills by me at any time heretofore made And lastly I do nominate constitute and appoint the said Thomas Fyles and James Ascroft joint executors of this my Will and I do hereby order and direct that in case any of my said children James Webster, Martha Ascroft and Margaret Swift or any of them shall happen to die before the several years ??? herein before given to them respectively shall be fully satisfied and paid that then and in such case it is my will and mind that the said Thomas Fyles and James Ascroft and the survivor of them his heirs Executors and Administrators do and shall pay to the children of such person so dying his or her annuity or yearly payments for and during so many years as shall be then to come and unexpired at the time of his or her deaths respectively  In witness hereof I have hereunto put my hand and seal this twenty second day of September in the year of our Lord one thousand seven hundred and forty seven.
Signed sealed published and declared by the above named Henry Webster as and for his last Will and Testament in the sight and presence of us who each of us subscribed our names as witnesses thereto in his sight and presence.
   Joseph Grice                         The mark of Henry X Webster 
   John Fogg
   Thos Radcliffe                  

 

 

Jan 21 1747  Thomas Fyles and James Ascroft the Executors within named were sworn in common form before Will Knowles Surr

 

 

This Will was kindly transcribed and sent in by Hat.

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