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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
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