This is the last Will and Testament of me John Balshaw of Ormskirk in the County of Lancaster, Joiner. I give and bequeath All the Household provisions and Stores, Ale Wine and Liquors which I shall happen to have at my decease unto my wife Mary absolutely. I give devise and bequeath All the real and personal Estate parts and shares of real and personal Estate of what nature or kind soever and wheresoever situate lying and being and whether in possession reversion remainder or expectency which I have power to dispose of by this my Will Unto and to the use of Robert Wareing of Ormskirk aforesaid Gentleman and my sons Thomas Balshaw and William Balshaw their Heirs Executors Administrators and Assigns respectively, according to the nature or quality thereof, In Trust to permit and suffer my said wife Mary to enjoy for her own use during her life, All or such parts of my household Goods and Furniture as she shall chuse. And as to such Plate Linen China Household Goods and Furniture from and after the decease of my said wife And as to all and singular other the Premises hereinbefore given devised and bequeathed immediately from and after my decease In Trust that my said Trustees or the survivor of them, his Executors Administrators or Assigns do and shall so soon as conveniently may be after my decease by Public Auction or private contract and either together or in lots or parcels and for such price or prices as they or he shall think proper, sell and convert into money all such part or parts of the said premises hereinbefore given devised and bequeathed as shall not consist of money or securities for money and do and shall call receive and get in all such part and parts thereof as consist of monies or securities for Money and shall and do thereupon out of the monies arising from such sale or sales and to be called and got in as aforesaid in the first place pay and discharge all my just debts funeral and testamentary expences and do and shall lay out and invest the residue of such monies in the Parliamentary Stocks or Public Funds of Great Britain, or at Interest upon government or real securities in England or Wales and do and shall vary all or any Stocks Funds or Securities at their or his discretion and do and shall pay and apply the Interest Dividends and annual produce of the trust monies stocks funds and securities unto my said wife for and during her natural life. And from and immediately after her decease In Trust to stand and be possessed of my said trust monies stocks funds and securities and divide the same into seven equal parts or shares to and for the use of my Sons Thomas Balshaw Charles Balshaw and William Balshaw and my Granddaughter Jane Balshaw the natural child of my late daughter Margaret, and the use and benefit of my daughters Nancy Bailey and Betty Williams and my Daughter in law Nancy Balshaw the widow of my late Son John Balshaw and their respective Children as hereinafter mentioned and to pay one seventh part or share thereof unto my said Son Thomas Balshaw, one seventh part or share thereof unto my said son Charles Balshaw, one seventh part or share thereof unto my said Son William Balshaw, and one seventh part or share thereof unto my said Granddaughter Jane Balshaw the natural Child of my late Daughter Margaret, and in the case of the death of all or any of my said Sons or Grandchild in my lifetime or before the time of such division then to the lawful Issue of my said Sons and Granddaughter so dying such Issue to take a parents share only and to stand and be possessed of the remaining four seventh parts or shares each to be deemed and considered as an original and distinct one seventh part or share respectively. Upon Trust that they my said Trustees or the survivors or survivor of them, his Executors Administrators or Assigns do and shall lay out and invest such share and shares in the Parliamentary stocks or public funds of Great Britain or at Interest on Government or real securities in England and Wales And do and shall vary all or any Stocks funds or securities and do and shall stand and be possessed of and interested in the share and shares stocks funds and securities in which the same shall be invested and the Interest Dividends and annual produce thereof Upon Trust that they my said Trustees and the Survivors and Survivor of them his Executors Administrators and Assigns do and shall for and during the natural life of my said Daughter in law Nancy Balshaw in case she shall so long continue a widow and unmarried pay the interest and dividends of one seventh share and of the stocks and securities in which the same shall be invested into the proper hands of my said Daughter in law Nancy And from and after her decease or marriage again whichever shall first happen the said one seventh share and the stocks funds and securities in which the same shall be invested together with any Interest or Dividends thereof shall be remain and go In Trust for all and every the Child or Children of my late Son John if there be more than one such child in equal shares amongst such children as Tenants in Common and if only one such Child then to such only Child. And Upon Trust that my said Trustees and the suvivors and survivor of them his Executors Administrators and Assigns do and shall for and during the natural lives of my said Daughters Nancy and Betty respectively pay the Interest and Dividends of their respective shares and of the stocks funds and securities in which the same for the time being shall be invested into the proper hands of my said respective Daughters for their respective sole and separate use independent of any husband and not to be subject to the Bankruptcy failure insolvency debts control engagements or interference of any present or future husband of them respectively and the receipt or receipts of my said Daughters alone whether married or sole shall be effectual discharges for the money therein mentioned and acknowledged to be received And from and after the several and respective deceases of my said Daughters the said share and shares and the Stocks funds and securities in which the same respectively shall be invested together with any Interest and Dividends thereof to which my said Daughters respectively shall be entitled shall be remain and go In Trust for all and every the Child or Children of my said Daughters respectively dying when and as such deaths shall respectively happen and take place and if there be more than one such Child in equal shares amongst such Children as Tenants in common and if only one such Child then to such only Child And I do hereby declare that on the death of my daughter Nancy her daughter Elizabeth whom she had previous to her marriage shall be considered as one of her children and shall be entitled to an equal share of my property with the rest of her children And I declare and direct that the receipt and receipts of my said Trustees and the survivors and survivor of them his Executors Administrators and Assigns shall be a good and sufficient discharge and good and sufficient discharges to any purchaser or purchasers as of all or any part of my said Estates for all sums of money which in such receipt or receipts shall be expressed to be hereby received and that such purchaser or purchasers shall not be obliged to see to the application of such money nor be answerable or accountable for any loss misapplication or nonapplication thereof And I declare and direct that my said Trustees herein before named and my Executors hereinafter named and the survivors and survivor of them his Executors Administators and Assigns shall have and be entitled to the benefit of all powers and declarations for indemnity reimbursement recompence and satisfaction for trouble to Trustees and Executors usually inserted in Wills and Testaments as fully as if the same were herein inserted and at length set forth And I hereby revoke all former Wills by me made and declare this to be my last Will and Testament and I nominate constitute and appoint the said Robert Wareing and my said sons Thomas Balshaw and William Balshaw Executors of this my Will
In Witness whereof I the said John Balshaw have to this my last Will and Testament contained in three sheets of paper set my hand and seal namely to the first two sheets my name and to the third and last sheet my name and seal this twenty first day of September in the year of our Lord One thousand eight hundred and thirty seven
Signed sealed Published and Declared by the said Testator as John Balshaw and for his last Will and Testament in the presence of us who in his sight and presence and each others have hereunto subscribed our names as Witnesses
Alice Wareing James T Wareing Henry Brighouse
I the within named John Balshaw declare this to be a Codicil to my foregoing last Will and Testament I order and direct that no sale of my real estate shall take place until after the death of my Wife And I order and direct that on the death of my daughter Nancy that instead of her daughter Elizabeth whom she had previous to her Marriage having an equal share with the rest of her Children that she will have and be entitled to one half of her Mothers one Seventh Share and the other half shall be paid and divided amongst her other children as in my said Will is mentioned And I give and bequeath all my work tools unto and equally between my son Charles Balshaw and my Grandson John Williams And whereas by my said Will I have appointed Robert Wareing of Ormskirk Gentleman one of the Trustees and Executors thereof Now I do hereby revoke such appointment and appoint my son Charles Balshaw to be a Trustee and Executor of my said Will in the room and place of the said Robert Wareing And I declare and direct that my said Will shall be read and construed in the manner and shall have the same operation and effect in all respects as if the name of the said Charles Balshaw had been inserted therein instead of the name of the said Robert Wareing And in all other respects I confirm my said Will In Witness whereof I have hereunto set my hand and seal this thirtieth day of October One Thousand eight hundred and thirty eight.
Signed in the presence of us who were present at the same time and John Balshaw attested the same in the presence of the Testator.
James T Waring
I the within named John Balshaw declare this to be a further Codicil to my foregoing last Will and Testament I direct my Trustees to permit and suffer my wife to have and receive the rents and annual proceeds of my real estate during her life I give and bequeath all my work tools unto my son Charles Balshaw And I give and devise all estates vested in me upon any trust or legacy? of Mortgage unto and to the use of my sons Thomas Balshaw Charles Balshaw and William Balshaw their Heirs Executors Administrators and Assigns according to the natures and tenures thereof upon the same trusts and for the like intents and purposes as the same are now vested in me and in all other respects I confirm my said Will and my former Codicil thereto and I declare that this shall be considered a republication of my said Will and my said former Codicil In Witness whereof the said John Balshaw hath hereunto subscribed his name the ninth day of January one thousand eight hundred and forty nine.
Signed by the said Testator as a Codicil to his last Will and Testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have subscribed our names as witnesses the words 'direct' 'Witness' having been the first interlined
?RO Wareing (possibly Robt.)
Mark X of John Balshaw
The 28th day of August 1849
Thomas Balshaw and William Balshaw the Executors named in the Will and Charles Balshaw the Executor named in the first Codicil to this Will with the two Codicils were sworn in common form And they further made Oath that the Testators Personal Estate and effects at the time of his death within the Diocese of Chester were under the value of Three Hundred Pounds. Before me William Clarke Surrogate.
The Testator died the 18th Jany 1849
Probate issued dated 30th August 1849
Go back to home page