Will of James Marland of Twarlhill 1791, proved 1791

The Marland Family

	In the Name of God Amen I James Marland of Twarlhill in Hartshead within the Parish of AshtonunderLine in the County of Lancaster Yeoman being indis- posed in Body but of sound and disposing Mind and Memory blessed be God for the same do make this my last Will and Testament in Manner and Form following That is to say First I will and direct that all my just Debts Funeral Expenses and the Charge of the Probate and Execution of this my Will shall be paid and discharged out of my Estate and Effects by my Executors hereinafter named Also it is my Will and Mind and I do hereby order and direct my Executors the first opportunity after my Decease to publish and sell all my Household goods and Furniture all my live Cattle Grain of Fodder and Husbandry Utensils except what are hereafter reserved and excepted Also I give and Devise unto my beloved Wife Bridget that my Leasehold Estate with all and Singular appurtenances thereunto belonging situate and being in Hartshead in the Parish of AshtonunderLine aforesaid formerly known by the Name of Wilds but now in the occupation of Jonathan Woolstoncroft and others during her natural Life she making no waste spoil or Destruction thereupon Also I give and bequeath unto my said Wife as many Bed stacks and Bedding and such other Part of my Household Goods and Furniture as she may deem necessary for her own use the Value of which not to exceed twenty Poundsworth during her Life she making no voluntary Waste or spoil of the same And I further Will and Direct that if the above gifts to my said Wife be not a sufficiency to make a good maintenance that she further receive from my Executors the sum of twenty shillings quarterly that is four Pounds yearly during her Life out of my Personal Estate Also I give and devise unto my son John Marland all that my Leasehold Tenement with all and Singular the appurtenan- ces thereunto belonging to him and his Executors Adminstrators and Assigns the same being situate in AshtonunderLine and County aforesaid of the same but the said premises to be let by my Executors until the whole sum of two Hundred Pounds shall be fully Paid and satisfy'd with just and lawful Interest for the same for want of Payment at the true limited time according to the true intent and meaning of this my Will Also I give and Devise unto my two sons Obadiah Marland and James Marland and to their Executors Adminstrators and Assigns the same to be divided into equal shares all that my Leasehold Estate with all and singular the appurtenances thereunto belonging situate and being in Hartshead in the Parish of AshtonunderLine and County aforesaid commonly known by the Name of Twarlhill now in my possession and the possession of my son John the said Obadiah and James first paying into the Hands of my Executors the sum of one Hundred Pounds each of lawful British Money within twelve Months next after my decease and for want of payment not to have any possession of the same but the said premises to be let by my Executors until the whole sum of two Hundred Pounds shall be fully paid and satisfy'd with just and lawful Interest for the same for want of payment at the true limited Time And whereas I am Bound in a certain sum of Money to be paid unto Martha the Daughter of my son Obadiah when she arrived at the Age of twenty one years now I hereby Will and direct that my said son Obadiah or his certain representatives shall Indem -nify my Heirs Executors and Administrators from any cost or charge that shall or may arise by Reason thereof and that the same be finally settled before any possession be had of the aforesaid share of the premises by my son Obadiah or any other of his certain representatives Also I give and devise unto my son Joshua Marland and to his Executors Administrators and Assigns after the death of my Wife Bridget all that my aforesaid Leasehold Estate with all and singular the Appurtenances thereunto belonging situ- ate in Hartshead as aforementioned (being part of my Wifes annuity) free and clear from any Deduction Also I give and devise unto my son George Marland and to his Executors Administrators and Assigns all that my Leasehold Estate with all and singular the Appurtenances thereunto belonging situate and being in Hartshead in the Parish of AshtonunderLine and County aforesaid commonly know by the name of Brown Edge Also I give and bequeath unto my said son George [my Mill house?] [Also I] Will and direct that my Executors shall have full Power to put the sum of fifty pounds of lawful British Money to Interest out of my personal Estate during the Term of like of my Daughter Betty the Wife of Thomas Buckley and any such Interest as shall or may arise from the same to be given unto my said Daughter Betty during her life and further that her present Husband Thomas Buck- ley nor any other Coverture shall have any power of any Gift or Bequest therein in any wise mentioned (except the sum of five shillings only) but her Receipt shall be a full discharge for any sum of Money or other thing received of my Effects from my Executors. And after the Decease of my said Daughter Betty I give and bequeath the said sum of fifty Pounds amongst her Children in manner following I give to James Buckley the sum of fifteen pounds unto Joseph Buckley the sum of fifteen pounds and unto Betty Buckley and Mary Buckley the sum of ten pounds each of lawful British Money the four mentioned Children James Joseph Betty and Mary being the Sons and Daughters of Benjamin Buckley late of Ashtonunder -Line deceased And If any of the aforesaid four Children die before their said Mother and leave no lawful Issue then such share to be equally divided amongst the survivors of them Also I give and bequeath unto my Son in law Thomas Buckley the sum of five shillings of lawful British Money in full of all gifts devises and bequeaths and that he receive the same immediately after my burial of lawfully demanded And whereas my Daughter Bridget the Wife of James Dyson hath already had and received of and from me the sum of one Hundred Pounds in full for her Dower yet if there shall happen to be any surplus after the decease of my Wife then it is my Will and mind that she have and receive an equal share of such remainder along with the rest of my Children And I further will and direct that immediately after the decease of my Wife that all the Houshold Goods and Furniture that she hath received upon mine account be sold by my Executors and the Monies that shall arise from the sale thereof and the remainder of my personal Estate that hath not already been disposed of be equally divided amongst my Children that are then alive within twelve months next after her Decease Also I give and devise to my son Joshua Marland [some missing] being on the South Gallery in the Parish Church of AshtonunderLine aforesaid To hold to him and his Heirs and Assigns for ever Also I give and devise to my son James Marland that my seat or sitting place next to the door in the same Pew where my son John's seat is as aforesaid To hold to him and his Heirs and Assigns for ever Also I give and devise unto my said Wife those my two seats or sitting Places adjoining to the Pulpit situate and being in Mossley Chapel on the South side of the said Pew during her natural life Also I give and devise to my son George Marland those other two of my seats or sitting places being in the same Pew where my Wifes seats are in Mossley Chapel in the Parish of AshtonunderLine aforesaid and after the decease of my said wife I give and devise the whole four seats or sitting Places to my son George To hold to him and his Heirs and Assigns for ever Also I further will and Direct and it is my Will and Mind that if any of my aforesaid Legatees or any person or persons in their Behalf shall sue at Law or in Equity to gain or receive any more than what is herein specified or shall and do refuse to pay from off my aforesaid Estates but in such manner as is before written then it is my Will and Mind that any such discontented person or persons shall have no share at all of my Estate or Effects notwithstand- ing anything before recited to the contrary And further that my Execu- tors or the Executors or Administrators of my said Executors shall defend himself and themselves out of my Estate and Effects from any suit or trouble that shall or may arise and the remainder of any such share of any Dissatisfied person or persons shall be equally divided amongst the rest of my Legatees share and share alike that behave in a quiet and honest manner (except Thomas Buckley) And I do nominate constitute and appoint my Friend Jonathan Ogden of Alt Hill and my Friend John Andrew of Alt Hill both in the Parish of AshtonunderLine aforesaid Executors of this my Will and hereby revoking all former Wills by me made I declare this present Writing to be and contain my last Will and Testament only In Witness whereof I have hereunto set my Hand and Seal this eighteenth Day of July in the Year of our Lord one Thousand seven hundred and ninetyone Sealed signed published & declared by the above named James Marland the Testator as and for his last Will & Testament in the presence of us who at his request in his presence & in presence of each other have subscribed our Names as Witness to the due Execution [some missing]

	Probate
	The ...ght Day of Sep... ... Ogden & John Andrew the [executors?] within named were sworn in common form before me Geo Birch Surrogate Value of the Effects above £100 under £300 Prob iss 10 Oct 1791