Will of James Tarbuck of Hardshaw, Lancashire, Ironmonger 1832

Date: 1805 to 1832
Location: Hardshaw, Lancashire, England, United Kingdom

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

Will

page 1

This is the last Will and Testament of me
James Tarbuck of Hardshaw within Windle in the County of Lancaster Iron
monger made published and declared this seventeenth day of June in the year of our
Lord one thousand eight hundred and five in manner following that is to say - First I
give and devise all those my Messuages or dwellinghouses buildings Lands and Heredits
with their Appurtenances in Rainhill in the said County in the several possessions of
Robert Harrison and Henry Dagnall unto my Son James for and during the term of his
natural life without impeachment of or for any manner of waste and from and imme
-diately after his decease then I give and devise the same Messuages or Dwellinghouses
Buildings Lands and Hereditaments with their Appurtenances in Rainhill aforesaid unto
and equally amongst all the Children of my said Son James lawfully to be begotten
share and share alike and to their respective heirs and Assigns for ever to take and
hold the same as tenants in common and not as joint tenants and if but one only
Child then I give and devise the same to such only Child his or her heirs and assigns
for ever And I charge and make chargeable the said Messuages or dwellinghouses
Buildings Lands and hereditaments in Rainhill aforesaid with the payment of the yearly
Sum of thirty five pounds unto my affectionate wife Catharine for and during the term
of her natural life the first payment thereof to be made at the end of one week next after
my decease I also give and devise all my other Messuages or Dwellinghouses Buildings

page 2

Lands and hereditaments whatsoever or wheresoever with their Appurtenances unto
my Son Jonathan for and during the term of his natural life without impeachment
of or for any manner of waste and from and immediately after his decease then I
give and devise the said last mentioned messuages or dwellinghouses Buildings Lands
and hereditaments with their appurtenances unto and equally amongst all the Children
of my said Son Jonathan lawfully to be begotten share and share alike and to their
respective heirs and assigns for ever or for and during all my Estate term and interest
therein respectively to take and hold the same as tenants in common and not as
joint tenants and if but one only Child then I give and devise the same unto such
only Child his or her heirs and assigns for ever or for and during all my Estate term
and interest therein respectively and I charge and make chargeable the said last men
tioned Messuages or dwellinghouses Buildings lands and hereditaments with the pay
-ment of the yearly Sum of fifteen pounds unto my said Wife during her natural life
and also with the payment of the yearly Sum of twenty pounds unto my brother John
during his natural life the first payment of the said several last mentioned annuities
to be made at the end of one week next after my decease and I give unto my said
Wife and brother John full power and authority to enter into and upon the said Messes
and dwellinghouses Buildings Lands and Hereditaments and distrain for the said
several annuities on nonpayment thereof or of any part thereof I also give and
bequeath unto my son James all the Stock in trade Goods and Effects in the house
and Shop in Prescot in the said County now in his possession as his own property abso-
-lutely for ever he paying for such of his Shop Goods as shall be owing for at the time
of my decease but not otherwise I also give and bequeath the Sum of twenty pounds a
piece unto my Nephews and Niece Henry James and Mary Tarbuck Sons and daughter
of my said Brother John / I also give and bequeath the Sum of twenty pounds unto my
Niece Ann Mercer (Daughter of my brother in Law John Mercer) I also give and bequeath
the Sum of twenty pounds unto my Niece Alice Tarbuck (daughter of my Brother William
Tarbuck) which said several legacies I direct to be paid at the end of twelve calendar
months after my death And I direct my Executors hereinafter named to pay and dis-
charge all my just debts funeral expences and the charge of proving this my Will as
soon as conveniently may be after my decease out of my personal Estate and Effects
And as to all the residue and remainder of my personal Estate and Effects whatsoever
and wheresoever I give and bequeath the same unto my said Son Jonathan as his
own property absolutely for ever And in case my said Son James shall happen to die without
leaving lawful issue then I give and devise the said Messuages or dwellinghouses Buildings
Lands and hereditaments in Rainhill aforesaid so devised to him for his life as aforesaid
unto my Son Jonathan his heirs and Assigns for ever And In case my said Son Jonothan
shall happen to die without leaving lawful issue then I give and devise the said
Messuages or Dwellinghouses buildings lands and hereditaments so devised to him for his life
as aforesaid unto my said Son James his heirs and assigns for ever or for and during
all my Estate term and interest therein respectively But if both my said Sons James
and Jonathan shall happen to die without leaving lawful issue then I give and
devise the whole of the said Messuages or dwellinghouses Buildings Lands and here=
ditaments unto and equally amongst all my nephews and Nieces share and share alike
and to their respective heirs and assigns for ever or for and during all my Estate term and
interest therein respectively to take and hold the same as tenants in common and not as
joint tenants And my Will is that my said Executors shall deduct from my said per
sonal Estate and effects a sufficient recompence for their trouble in the execution of this my
Will And I do nominate constitute and appoint my said Sons James and Jonathan
my said Brother William and my Friend and brother in Law Nathan Mercer of Hard=
shaw aforesaid Watchmaker Executors hereof In witness whereof I the said James Tar=
=buck the Testator have hereunto set my hand and Seal the day and year first before
written = James Tarbuck == (SS) == Signed Sealed published and declared by the
said James Tarbuck the Testator as and for his last Will and Testament in the presence
of us who hereto subscribe our names as witnesses thereof in his sight and presence and
at his request and in the sight and presence of each other = Willm Higginson
Wm Houghton = John Houghton Attorney Prescot //

Probate

On the 20th day of
September 1841 Admon
(with the Will annexed)
of the Goods Chattels and
Credits of James Tarbuck
formerly of Wardshaw
within Windle in the County
of Lancaster then of Saint
Helen and late of Walton
in the same County Widower
deceased left unadministered
as well by Robert Tarbuck
the natural and lawful
Brother and only next
of kin as also by Henry
Tarbuck the Nephew
and one of the persons
entitled in distribution
to the undisposed of Residue
of the Personal Estate and
effects of the said deceased
was granted to Joseph
Tarbuck the lawful
Nephew and one other of
the persons entitled
in distribution to the
undisposed of Residue of
the personal Estate and
Effects of the said dec'd having
been first sworn by
Com'on duly to adminster
James Tarbuck and
Jonathan Tarbuck the
Sons, William Tarbuck
the Brother and Nathan
Mercer the Executors and
the said Jonathan Tarbuck
the Residuary Legatee named
in the said Will having respectively
died in the lifetime of the said deceased.

On the 25 day of April 1839? Adm'on (with the the will annexed) of all and .. the Goods Chattels and Credits of
James Tarbuck formerly of Hardshaw within Windle in the County of Lancaster then of Saint Helens but late of Walton
in the same County Widower dec'd left unadministered by Robert Tarbuck dec'd whilst living the natural & lawful Brother
and only next of kin of the said dec'd was granted to Henry Tarbuck the lawful nephew and one of the persons
entitled in distribution to the personal Estate & Effects of the said dec'd undisposed of by the said will having been
first sworn by Com'on duly to Administer James Tarbuck Jonathan Tarbuck the Sons and William Tarbuck the
Brother and Nathan Mercer the Executors the said Jonathan Tarbuck being also the Residuary Legatee named in
the said Will respectively died in the lifetime of the said dec'd.

On the 18th April 1832 Adm'on (with the will annexed) of the Goods Chattels
and Credits of James Tarbuck formerly of Hardshaw within Windle in the county of
Lancaster then of St. Helens and late of Walton in the same County Widower deceased
was granted to Robert Tarbuck the natural and lawful Brother and only next of kin he
being first sworn by comm'on duly to Administer James Tarbuck and Jonathan Tarbuck
the Sons William Tarbuck the Brother and Nathan Mercer the Executors and the said
Jonathan Tarbuck the Residuary Legatee died in the lifetime of the Testator.//. ^[1]

Summary

• Will date: 17 Jun 1805
• Testator: James Tarbuck of Hardshaw ironmonger, later of St Helens & finally of Walton

• Testator has land in Rainhill occupied by Robert Harrison & Henry Dagnall
• Testator's house & shop in Prescot & stock in trade going to son James (who may be running it already)

• Relatives named in will and/or probate records:
• Testator's wife Catharine (who later predeceased James)
• Testator's sons James & Jonathan Tarbuck (executors) - both died before testator
• Testator's brother John Tarbuck (with children Henry James & Mary Tarbuck)
• Testator's brother Robert Tarbuck
• Testator's brother William Tarbuck (executor) with dtr Alice Tarbuck - William died before testator.
• Testator's brother-in-law John Mercer (with daughter Ann Mercer)
• Testator's brother-in-law Nathan Mercer of Hardshaw watchmaker (executor) - died before testator.

Grants of probate:

1. 18 Apr 1832 - probate to Robert brother & only next-of-kin
2. 25 Apr 1839 - probate to nephew Henry (entitled to some of residue), having been left unadministered by brother Robert who had been the only next of kin left
3. 20 Sep 1841 - probate not administered by brother Robert, the only next-of-kin or nephew Henry Tarbuck (who had been entitled to some of residue); probate granted to nephew Joseph Tarbuck (entitled to some of residue)

Sources

1. ↑ National Archives Catalogue - Reference: PROB 11/1799/82
   Description: Will of James Tarbuck, Ironmonger of Hardshaw within Windle , Lancashire
   Date: 18 April 1832.
   Accessed on https://discovery.nationalarchives.gov.uk/details/r/D251358