Will of Ellen Powell of Hardshaw within Windle, Lancashire, Widow 1844

Date: 28 Jun 1832 to 6 Feb 1844
Location: Hardshaw, Lancashire, England, United Kingdom

Contents 1 Will 1.1 page 1 1.2 page 2 1.3 page 3 1.4 page 4 2 Probate 3 Summary 4 Sources

Will

page 1

This is the last Will and Testament
of me Ellen Powell of Hardshaw within Windle in the Coun-
ty of Lancaster Widow and Relict of Thomas Powell late of the
same Place Sadler deceased made published and declared this
twenty eighth day of June in the year of our Lord one thousand
eight hundred and thirty two in manner and form following:
that is to say subject to the payment of all my just debts funeral
and testamentary charges and expences I do give devise and
bequeath unto Thomas Birch Speakman of Denton's Green within
Windle in the said County Coal Proprietor his heirs executors
administrators and assigns all and every my real and personal
Estate and Effects whether in possession reversion or expectancy and
whether in my own right or in right of and by representation
of my late husband Thomas Powell or of my late Child Richard
Powell both deceased and of what nature kind or description soever
and wheresoever the same is or may be situate lying and being
at the time of my decease In trust as to such part thereof as shall
consist of my household goods and furniture which shall be in my
house at the time of my decease to permit and suffer my brother
Peter Penketh to take and receive the same to and for his own use
and benefit and in further trust as to such part thereof as shall
consist of debts or money out at interest to collect and get in the
same as soon after my decease as conveniently may be and in
trust as to such part of my said devised Estate as shall not consist
of money or debts or securities for money (except my said house-
hold goods and furniture) absolutely to sell and convert the same
into money by such ways and means and either by public auc-
tion or private contract as to him or them shall appear advisable
but with as little delay as may be after my decease and it is my
will and mind that my said trustee shall stand and be seized and
possessed of the money to arise and be produced from my said
estate as aforesaid after answering the before mentioned purposes
in trust to pay unto my brother John Penketh the sum of ten
pounds as a token of my respect to him as he is in comfortable
circumstances and then upon trust to pay and divide the Residue
in the manner and unto and amongst the persons following
that is to say one equal eighth part or share unto or for my
brother Thomas Penketh subject nevertheless as hereinafter is men-
tioned, another equal eight part or share unto and equally be-
tween and amongst the children of my late brother James Penketh
deceased, another equal eighth part or share unto my brother
Richard Penketh, another equal eighth part or share unto my
said brother Peter Penketh, another equal eighth part or share unto
my brother Edward Penketh, another equal eighth part or share
unto my brother William Penketh, another equal eighth part or
share unto my Niece Sarah Speakman and the remaining eighth
part or share unto my Nephew Charles Speakman and it is my
will and mind and I do hereby order and direct my said trustee
not to pay my said brother Thomas Penketh the share to which
he will become entitled under this my Will but to place the same

page 2

out on real or Government security as my said trustee his heirs
executors or administrators shall deem most eligible and pay
the interest arising therefrom unto my said brother Thomas
Penketh by equal quarterly payments during the term of his nat-
ural life and after his decease I order and direct the principal
money to be called in and to be paid and divided unto and
equally amongst the issue of my said brother Thomas Penketh if
more than one and if but one then to such one only and in case
of the death of my said brother Thomas Penketh without leaving
lawful child or children then I order and direct such principal
money to be paid and divided unto between and amongst such
of my said brothers (except my brother John Penketh and
Nephews and Nieces as may be then living if more than one
in the same proportions as I have before directed my said Estate to
be paid and divided) and if but one then to such one only and in
case of the death of any of them leaving lawful issue such issue
shall be entitled to his her or their parent or parents share and
in case of the death of any of my said brothers or nieces or nephews
under age and without leaving lawful issue him her or them
surviving it is my will and mind that the share or respective
shares of such so dying shall go to and be paid and divided unto
and equally amongst the survivors in the same shares and pro-
portions as I have hereby directed my said Estate to be divided but
in case of the death of any of my said brothers or nieces or
nephews under age as aforesaid leaving lawful issue him her
or them surviving it is my will and mind that the share or
respective shares of such so dying shall go to and be paid and divi-
ded unto and equally between and amongst such issue if more
than one and if but one then to such one only the issue of such
so dying to take only and be entitled to the like share and inter-
est to which his her or their parent or parents would have
taken if he she or they had been living And in order to facilitate
such sale or sales I do hereby declare that the conveyance or as-
surance receipt or receipts or other discharges of my said trustee
his heirs executors or administrators made given or executed upon
the sale or receipt of all or any part of my said Estate and Effects
shall be good and sufficient in the Law for so much money or
other satisfaction as shall be therein expressed to be received as fully
to all intents and purposes as if I was a party or privy to the same
and that it shall not be necessary or requisite for any other person
or persons to join or concur therein and that the person or persons
so paying the same shall not be obliged to see to the application
thereof or of any part thereof but shall be wholly discharged
therefrom and I hereby order and direct my said trustee his heirs
executors and administrators to reimburse himself and themselves
all such reasonable costs charges and expenses as they shall be put
to in and about the execution of this my Will And lastly hereby revoking all
former and other Will or Wills by me heretofore made I declare
this and no other to be my only last Will and Testament and
thereof do nominate constitute and appoint the said Thomas
Birch Speakman sole Executor In Witness whereof I have herun-
to set and put my hand and seal the day and year first before
written - Ellen Powell - (SS) - The writing contained in this
and the three preceding sheets of paper was signed and sealed
by the above named Ellen Powell and by her published and de-
clared as and for her last Will and Testament in the presence
of us who have hereunto subscribed our Names as Witnesses

page 3

in the presence of each other and in her presence the words
"her" "as" and "this and" being first interlined. Elizabeth her X mark Glover -
Jno Ansdell - Jno Blundell -//-
Whereas I the within named Ellen Powell have by my
last Will and Testament duly executed and contained on this
and the three preceeding sheets of paper bearing equal date here-
with ordered and directed my trustee and executor therein named
to pay and divide the Residue of my Estate and Effects as therein
mentioned into eight equal parts or shares one equal eighth
part or share whereof I have by my said Will given to my
brother Richard Penketh Now I the said Ellen Powell being desi-
rous of altering my said Will in respect of such said bequest or
provision made for my said brother Richard do therefore make
this present writing which I will and direct to be annexed as a
Codicil to my said Will and taken as part thereof and I do hereby
revoke the said bequest or provision made for my said brother
Richard in and by my said Will and in lieu thereof I hereby
order and direct my trustee and executor to pay him the sum of
ten pounds as a token of my regard for him and as he is in com-
fortable circumstances in the same manner as I have in my
said Will directed with respect to my Brother John and I do here
by order and direct that the residue of my said Estate and Effects
shall be divided into seven equal parts or shares and be paid
unto and amongst the other persons and in the manner in
my said Will mentioned and directed as regards the same being
divided into eight shares and I do ratify and confirm my said
Will in everything except where the same is hereby revoked
and altered as aforesaid In Witness whereof I have hereunto
set and subscribed my hand and seal this twenty eighth day of
June one thousand eight hundred and thirty two - Ellen
Powell - (SS) - Signed sealed published and declared by the said
Ellen Powell as and for a Codicil to her last Will and Testament
in the presence of us who in her sight and presence and in
the sight and presence of each other have hereunto subscribed
our Names as Witnesses - Elizabeth her x mark Glover - Jno Ansdell Solr St
Helens - Jno Blundell Surgeon St Helens //

Whereas in and by my last Will and Testament with-
in written I the within named Ellen Powell have willed
and directed that my household goods and furniture shall be
taken by my brother Peter to and for his own use and benefit
Now in case my Executor shall think it proper and necessary
to make sale of my said household goods and furniture for the
purpose of enabling him thereout the more speedily to pay off
my debts funeral and testamentary charges and expences i
so hereby declare and direct that he shall be at liberty so to do
and in such case I do order and direct and it is my will and
mind that a sum equal to the amount for which such house-
hold goods and furniture shall so sell shall be paid to my said
brother Peter over and above and in addition to the other share
and provision given and made for him in and by my said
Will when and so soon as my executor shall have got in receiv-
ed and collected my other Estate and Effects and I direct that this
present writing be annexed as a Codicil to my said Will and be
taken as part thereof and I do ratify and confirm my said Will
in every thing except where the same is hereby revoked and

page 4

altered as aforesaid In Witness whereof I have hereunto set
and subscribed my hand and seal this eighth day of January
one thousand eight hundred and thirty three - Ellen Powell - (SS) -
Signed sealed published and declared by the said Ellen Powell as
and for a Codicil to her last Will and Testament in the presence
of us who in her sight and presence and in the sight and pre-
sence of each other have hereunto subscribed our Names as Wit-
nesses - Rich. Speakman - Betsy Ann Speakman //

Probate

On the 6th day of February 1844 Administration with the
Will and two Codicils annexed of all and singular the goods
chattels and credits of Ellen Powell late of Hardshaw within Windle
in the County of Lancaster Widow deceased was granted to Edward
Penketh the brother of the deceased one of the Residuary Lega-
tees named in the said Will he having been first sworn by
Comon duly to administer Thomas Birch Speakman the sole
Executor and Residuary Legatee in trust named in the said Will
having survived the said deceased but died without having ta-
ken upon him the Probate and Execution of the said Will and
Codicils as by Acts of Court appears.// ^[1]

Summary

• Will date: 28 Jun 1832
• Testator: Ellen Powell of Hardshaw within Windle, Lancashire, Widow of Thomas Powell sadler of Hardshaw
• Trustee & sole executor nominated: Thomas Birch Speakman (coal proprietor of Denton's Green)
• Probate granted 6 Feb 1844 to her brother Edward Penketh, Thomas Birch Speakman having outlived her but died without accepting administration of her estate

• Relatives named in will and/or probate records:
• Ellen's late husband Thomas Powell (died before 28 Jun 1832)
• Ellen's late child Richard Powell (died before 28 Jun 1832)
• Ellen's brothers Peter, John, James (deceased bef 28 Jun 1832), Richard, Edward, & William Penketh
• Ellen's niece Sarah Speakman
• Ellen's nephew Charles Speakman

• Bequests:
• Peter Penketh gets her household goods & furniture
• John Penketh gets a token £10 since he's comfortably off
• The residue is divided in 8 between:

1. Thomas Penketh (who is not to receive his share in cash but receive interest on it)
2. the children of James Penketh
3. Richard Penketh (his share replaced by a token £10 by the codicil dated 28 Jun 1832)
4. Peter Penketh
5. Edward Penketh
6. William Penketh
7. Sarah Speakman
8. Charles Speakman

• Codicils:
• first codicil (28 Jun 1832) replaces Richard Penketh's eighth share of residue with a token £10 as he's comfortably off
• second codicil (8 Jan 1833) allows the executor to sell her household goods and furniture and pay her brother Peter cash instead, if needed to pay the funeral costs &c.

• Witnesses:
• Elizabeth X Glover
• John Ansdell (solicitor of St Helens)
• John Blundell (surgeon of St Helens)
• Richard Speakman
• Betsy Ann Speakman

Sources

1. ↑ National Archives Catalogue - Reference: PROB 11/1993/317
   Description: Will of Ellen Powell, Widow of Hardshaw within Windle , Lancashire
   Date: 6 February 1844.
   Accessed on https://discovery.nationalarchives.gov.uk/details/r/D82428