Will of Obadiah Marland of Twarlhill 1812, proved 1823

The Marland Family

	This is the last Will and Testament of me Obadiah Marland of Twarlhill within the Parish of Ashtonunder-Lyne in the County of Lancaster Husbandman being well in Body and of Sound Mind and memory Blessed be God for the same. Do make this my last Will and Testament in the manner following that is to say. First I will and direct that all my just Debts Funeral Expences and the Charge of the Probate of this my Will shall be paid by my Executor or Executrix hereafter named and that they use such means as they shall think most prudent to raise the same from off my Estate or Effects. I give and bequeath unto my Son Obadiah the sum of five shillings in full of all gifts or bequeaths whatsoever. I give and devise unto my son John (if he returns to Old England) those my two Seats or Sitting Places situate on the North gallery in the Parish Church of Ashtonunder-Lyne aforesaid To Hold to him his Heirs and Assigns for ever - But if my son John do not return to Old England I give and devise the same two seats unto my Grandson John Marland (the son of George Marland my son) To hold to him his Heirs and Assigns for ever And I further will and direct that my Daughter Martha Marland Andrew shall have one of my two last mentioned seats to sit in during her naturall Life (The said Seats being in a Pew marked Num 13) And as I have another Seat upon the said gallery I give and devise the same unto my son George To hold to him his Heirs and Assigns for ever. And after my just Debts and Funeral Expences are paid and my Leasehold Estate lying at Twarlhill aforesaid which I hold under the Right Honourable the Earl of Stamford and Warrington is clear from Debts I give and devise the said Anual Rents during my Interest therein equally amongst my six children Namely George Marland, John Marland, Martha Marland Andrew, Sarah Wife of William Schofield, Alice Wife of George Bertenshaw and Hannah Wife of Robert Kennyon And that the said Rents be paid to them at every Christmas And further if there shall happen to be any other Personalty wheresoever or whatsoever and not before disposed of by me I give and bequeath the same unto my last mentioned six Children within twelve months next after my decease Further I will that if any of my Children happen to die (save my said son Obadiah) and leave no Child then such share shall go equally amongst my surviving Children share and share alike. And I do hereby declare my Mind and Will to be that if any of my Children happen to die or be already dead (save my said son Obadiah) before a Part or the Whole becomes due and leave a Child or Children then their share either to be applied towards the Bringing up of such Child or Children or to be reserved until they attain the age of twenty one years and then to be equally devided between and amongst them at the Discretion of my Executor and Executrix but if my Executor and Executrix faithfully apply the Whole or a part of such Share whilst such Child or Children are in their Nonage towards their support they shall not in any wise be Accountable or Chargeable for what they have Disbursed on that Account - Provided that whereas I have given unto my Daughter Martha Marland Fifteen Pounds which it is my Mind and Will shall be considered as a Part of her equal share and Portion of my Estate and Effects bequeathed by me to her aforesaid and the she shall not be entitled unto or receive any further Share or Portion of my Estate or Effects until such Share of the Legacy bequeathed as Aforesaid amounts to fifteen Pounds. And lastly I nominate constitute and appoint my aforesaid son George Marland and my Daughter Martha Marland Andrew Executor and Executrix of this my last Will and Testament hereby revoking all former Will and Wills by me made and declare this and this only to be my last Will and Testament In witness whereof I have hereunto set my Hand and Seal this Twenty Sixth Day of August in the Year of our Lord one thousand eight hundred and twelve Signed Sealed published and declared by the Testator Obadiah Marland as and for his last Will and Testament in the presence of us and by us attested and subscribed in his presence James Marland Nathaniel Marland John Marland Obadiah Marland

	Probate
	The 20th day of June 1823 George Marland the Exor in this will named was sworn in common form & he further made oath that the personal estate & effects of the testator within the Diocese of Chester were under the Value 50£ before me J Holme Surrogate The testator died Jany 22nd 1823 Mrs Martha Marland Andrew the Executrix herein named is dead JH Probate issued Dated 20th June 1823