M

The Marland Family

 

Will of John Marland of Hurst 1810, proved 1814

 

 


 
  The last Will and Testament of John Marland
of Hurst, in the Parish of Ashton under Lyne & County of
Lancaster, Yeoman

I, John Marland of Hurst, in the Parish of Ashton under
Lyne, County of Lancaster, Yeoman, being perfectly sound
in Mind, and fully aware of the uncertainty of this Life,
do now make, declare and publish, this my last Will
and Testament this twenty ninth Day of December
in the Year of our Lord one thousand eight hundred and
ten --- in manner following viz
I give, devise and bequeath all my real and personal
Estate and Effects, of what nature and kind soever to my
two sons in Law, William Lees Lyon and James Buckley,
their Heirs, Executors, Administrators or Assigns Upon
Trust, that they pay out of my said Estate & Effects
all my Debts and Funeral Expences. I then order and
direct, that the said William Lees Lyon and James Buck
ley or the Survivor of them, their Heirs, Executors, Admi-
nistrators or Assigns, do permit and suffer my well
beloved Wife Sarah, to have, receive and take the clear
Rents, Issues, and Profits of all my Messuages, Cottages
or Dwelling Houses, Lands and Premises in Hurst afore
said now in my Possession, and my under Tenants, for
and during the Term of her natural Life or her Marriage
again after my Decease, and from and immediately after
my said Wife's decease or Marriage again which shall


[lines missing in copy]


Administrators or Assigns shall and do with all conve
nient speed, sell all my Messuages, Cottages of Dwelling
Houses and Premises aforesaid together or in
Lots, and all other my personal Estates and Effects, for
the best Price that can be had, and the Receipt or Receipts
of my said Trustees, or the Survivor of them, their heirs
Executors, Administrators or Assigns, shall be a good
and sufficient Discharge to such Purchaser or Purcha
sers, and such Purchaser of Purchasers shall not be
obliged to see after the Application of the Purchase
Money. Then I order my said Trustees, William
Lees Lyon, and James Buckley, or the survivor of them
their Heirs, Executors, Administrators or Assigns, shall
and do pay the same and in the manner following (that
is to say) The whole of my Estate and Effects to be
equally divided into eight Shares which I give and bequea[th]
to my Children namely, John, Caleb, James, Jacob, Sarah,
Ruth & Esther, and the remaining one Share I do give
and bequeath to the Children of my Daughter Peggy
deceased, Share and Share alike, and I further will and
declare that the Legacies be all paid as soon as conve
niently may be, after the whole of my Debts are paid,
if not discharged before the Decease or Marriage of my
said Wife. And I further will that if any of my
Children die before their Share becomes due, then that Share
to be divided amongst the Children of the said deceased
Person, Share and Share alike, but if my Executors
think it expedient to apply such Share to the bringing
up of such said Children, to act at their Discretion.
Hereby revoking all former Wills, I appoint my said
Trustees Executors hereof In Witness whereof, I the said
Testator have hereto set my Hand and Seal the Day and Year
aforesaid.

Signed, sealed, published and declared
by the said Testator, as and for his last
Will and Testament, in the presence
of us, who have hereunto subscribed our
names as Witnesses hereof in the Pre
sence of the said Testator.

John + Marland his Mark
James Buckley
John Fletcher
Joseph Schofield
 

 

  Probate  
     
  The third day of February 1814 William Lees Lyon
of Hurst in the Parish of Ashton under Line Farmer,
and James Buckley of Hurst aforesaid Manufacturer,
the two Executors in this Will named, were sworn
in common form, and they further made oath that
the personal Estate and Effects of the Testator within the
Diocese of Chester were under the value of 40£
before me John Hutchinson Surrogate
The Testator died the 2nd Day of September 1813
Probate Issued
Dated 3rd February 1814
Sworn under 40£