Transcript of will and codicils
This is a transcript of the will and codicils of Martha Weatherby of Congleton, Cheshire. The original will and codicils are held by the Cheshire Archives and images are available on FindMyPast in its Cheshire Wills And Probate record set. The National Archives holds a registered copy of the will and codicils in it collection of records of the Prerogative Court of Canterbury.
Will - 15 Jan 1834
This is the last Will and Testament of Martha Weatherby of Cogleton in the County of Chester Spinster In the first place I direct my just debts and funeral and testamentary expenses to be paid and I give and bequeath to my Brother John Weatherby the House and Premises where I reside and which I hold by Lease from Charles Watkin John Makerley Esquire for all my Term and Estate therein and I give to my said Brother’s daughter Martha All my Books and to Martha the daughter my late Sister Esther Stubbs All my clothes and wearing apparel and my Mahogany chest of drawers which usually stands in my Parlour and I forgive to my Nephew John Stubbs the Sum of Twenty pounds which he owes me And I give & bequeath to my Executors hereinafter named All my Money in the public Stocks or Funds upon trust to pay the yearly dividends thereof to my Sister Sarah Wetherby during her life in case they shall think she stands in need of the same of which they must be the sole Judge and if they shall think she does not stand in need thereof the same dividends to be added to the general Residue of my property And I direct my Household goods and Furniture to be sold and the Noney arising therefrom after payment of my debts and all Expenses together with all the rest and residue of my Estate and Effects whatsoever including my Money in the funds (subject as aforesaid) I direct to be divided into two equal shares and one Moiety thereof I give and bequeath to and to be divided amongst the Children of my said late Sister Esther Stubbs in equal shares and the other Moiety thereof I bequeath to and amongst the children of my late Brother Joseph Wetherby in equal shares and in case any child or children of my said late Sister or Brother shall die in my life time leaving lawful Issue such Issue shall stand in the place of their Parents and take the share such deceased Parent would have taken if living And I appoint the Reverend John Darcey of Marton and William Lpwndes of West Lane in Congleton aforesaid Esquire Executors of this my Will
In Witness whereof I have hereunto set my hand and seal this fifteenth day of January in the year of our Lord one thousand eight hundred and thirty four.
Signed sealed published and declared by the said Testatrix Martha Wetherby as and for her last Will and Testament in the presence of us who at her request and in her presence have hereunto subscribed our names as Witnesses
Geo: Reade, Jas Fitz Gerald
First Codicil - 6 Aug 1838
A Codicil to be taken as part of the last Will and Testament of me Martha Weatherby of Congleton in the County of Chester Spinster dated the fifteenth day of January one thousand eight hundred and thirty four Since the date of my said Will my Brother John Weatherby to whom I had given the House and Premises where I reside has died but I am desirous that his issue should have the benefit of the said bequest I do therefore give devise and bequeath the said House and all other the hereditaments comprised in the Lease thereof to me from the late Charles Watkin John Mackerley Esquire deceased unto the Reverend John Darcey of Marton in the said County of Chester Clerk his heirs Executors and Administrators Upon Trust to sell and dispose thereof by Public Auction or Private Contract as he or they shall think fit and after payment of the Expenses of such sale and otherwise attending the performance of this Trust Upon Trust to pay and divide the money arising thereby unto and equally between and amongst the Children of my said late Brother John Weatherby and the Issue of any of his Children who may be dead or who may die in my life time leaving issue such issue nevertheless to take the share only which his or their Parent or Parents would have taken if living as tenants in common and I declare that the receipt and receipts of the said John Darcey his heirs executors and administrators for any money which may be paid to him for the purchase of the said hereditaments or under other the Trusts of my said Will or of this Codicil shall be a good and sufficient discharge to the purchaser or person paying the same who shall not afterwards be accountable for the same or the misapplication or nonapplication thereof And inasmuch as I have by my said Will forgiven to my Nephew John Stubbs the sum of twenty pounds which he owes me I do hereby give to his Brother Thomas Stubbs the like sum of twenty pounds to make them equal and I give my clock to my Grand Nephew William Weatherby the son of my Nephew Joseph Weatherby son of my said late Brother John and I give the round stand which usually stands in my parlour to Miss Mary Darcey And I revoke the bequest contained in by said Will of the residue of my Property and do give and bequeath all my stock and money in the Public Funds (over and above the stock I some years ago transferred to Trustees for Marton School) after the decease of my sister Sarah Weatherby (to whom I have given the dividends thereof for her life by my said Will in case my Executors shall think she stands in need thereof) to and amongst the Children and other descendants if any (such descendants taking only their Parents share) of my late Brother Joseph Weatherby and all the rest and residue of my property after payment of my debts and Funeral Expenses and the several Legacies and bequests of my said Will and of this Codicil I give and bequeath to and amongst the Children and other descendants if any of my sister Esther Stubbs in equal shares such descendants taking their respective deceased Parents share only And I direct that if any Person to whom I have given any bequest or Legacy or share of residue by my said Will (not revoked or altered by this Codicil) or by this Codicil be dead or shall die before me having left or leaving issue such bequest or Legacy or share of residue shall not lapse but shall go over to and be paid and divided equally amongst such issue And I confirm my said Will in all other respects except as hereby altered
In witness whereof I the said Testatrix have hereunto set my hand this sixth day of August one thousand eight hundred and thirty eight, Martha Weatherby
Signed and published by the said Martha Weatherby as a Codicil to her last Will and Testament in the Presence of us Walter Hulme, Geo. Reade
This is the first Codicil to the Will of Martha Weatherby deceased deposed to by the Revd. John Darcey the sole surviving Executor therein named the twenty fifth day of May 1841 before me, Ed Wilson, Surrogate
Second Codicil - 6 Aug 1838
A Codicil to be taken as part of the last Will and Testament of me Martha Weatherby of Congleton in the County of Chester Spinster dated the fifteenth day of January one thousand eight hundred and thirty four Whereas I have by the deed of the thirteenth day of February one thousand eight hundred and twenty one executed by me declaring the Trusts of certain four per cent Bank annuities (since transferred into other Funds) declared that Davies Davenport Esquire then the Lord of the Manor of Marton in the said County of Chester The Reverend Offley Crewe Clerk then Rector of Astbury in the said County and The Reverend John Darcey Clerk then and yet Minister of Marton aforesaid should be Trustees of the said Stocks and Funds but have omitted to provide for the Succession of Trustees on the death of any who might die And Whereas the said Davies Davenport and Offley Crewe have both departed this life Now it is my Will and mind that Edward Davies Davenport Esquire the present Lord of the Manor of Marton aforesaid and the Reverend Willoughby Crewe Clerk the present Rector of Astbury aforesaid shall be added as Trustees to the said John Darecey and shall be Trustees in the place of the said Davies Davenport and Offley Crewe deceased And I do further direct that whensoever the said John Darcey or the said Davies Davenport or Willoughby Crewe shall die or vacate the said livings or possession the Minister of Marton for the time being the Lord of the Manor of Marton aforesaid or the Rector of Astbury aforesaid as the case may be shall be a Trustee in the place of him who shall so die or vacate such living or possession and I direct that such Trust Funds shall be transferred to and vested in such persons upon the Trusts declared by the said deed It being my will and desire that the Lord of the Manor of Marton the Record of Astbury and Minister of Marton respectively for the time being shall be the perpetual Trustee of the said property And I further direct that the Minister for the time being of Marton aforesaid shall have the appointment as well of the first as of every succeeding Master of the School intended to be endowed by the said deed And I confirm the said deed and Will and my first Codicil in all other respects In Witness whereof I have hereunto set my hand this sixth day of August one thousand eight hundred and thirty eight.
Signed and published by the said Martha Weatherby as a Codicil (the second) to her last Will and Testament in the Presence of Walter Hulme, Geo.Reade
This is the second Codicil to the Will of Martha Weatherby deceased deposed to by the Rev: John Darcey the sole surviving Executor therein named the twenty fifth day of May 1841 before me, Ed Wilson, Surrogate
Third Codicil - 9 Nov 1840
This is a Codicil to the last Will and testament of me Martha Weatherby of Congleton in the County of Chester Spinster I give and bequeath the following Legacies in addition to any Legacies or sums of money I may have given them or any of them in my said Will namely to William Weatherby the Younger the sum of five pounds to John Weatherby the son of Peter Weatherby the sum of five pounds to Edward Stubbs of Lower Withington the natural son of Mary Ann Stubbs the sum of five pounds and I give a full suit of Mourning to Jane the wife of John Perry In Witness whereof I have hereunto set my hand this ninth day of November in the year of our Lord one thousand eight hundred and forty
Signed by the said testator in the joint presence of us who in her presence and in her presence of each other have hereunto subscribed our names as witnesses Arthur C Harcourt, John Findler
This is the third Codicil to the Will of Martha Weatherby deceased, deposed to by the Rev: John Darcey the sole surviving Executor therein named the twenty fifth day of May 1841 before me, Ed Wilson, Surrogate
Probate - May-July 1841
In the Consistory Court of Chester
The 27th day of May 1841
Appeared Personally George Reade of Congleton in the Coun of Chester Gentleman and being sworn upon the Holy Gospels maketh Oath that he is one of the attesting Witnesses to the first and second Codicils [to] the last Will and Testament of Martha Weath[erby] late of Congleton in the County of Chester Spin[ster] deceased bearing date respectively the sixth day of August 1838 and hereto annexed that he was present on the said sixth day of August and saw the said Codicils duly executed by the said Testatrix signing her name Martha Weatherby at the foot or end of each of them as it now appears William Hulme the other attesting Witness [to] the said Codicils being also present at the same time and this deponent and the said Walter Hulme did then in the presence of the said Testatrix set and subscribe their names as witnesses to each of the said Codicils as they now appear
Signed and sworn at Congleton the Day and Year aforesaid Before me Ed: Wilson, Surrogate
[The registered copy of the will and codicils in the records of the Prerogative Court of Canterbury includes the following note.]
Proved at London with 3 Codicils 9th July 1841 before the Judge by the oath of the Revd John Darcey Clerk the surviving Exor to whom admon was granted having been first sworn by Comon duty to administer.
- ↑ Cheshire Wills And Probate. FindMyPast (accessed 14 Sep 2021) database entry for Martha Weatherby. Congleton. Probate year: 1841.
- ↑ The National Archives. Reference: PROB 11/1949/267. Description: Will of Martha Weatherby, Spinster of Congleton , Cheshire. Date: 9 July 1841.
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