Will of John Weatherby of Lower Withington Cheshire 1838

Date: 1838 [unknown]
Location: Lower Withington, Cheshire, England, United Kingdom
Surname/tag: Weatherby

This is a transcript of the will of John Weatherby of Lower Withington, Cheshire, dated 9 June 1838.

Paragraph breaks and headings have been added to improve readability.

Will

In the Name of God Amen I John Weatherby of Lower Withington in the County of Chester Taylor being of sound and disposing Mind Memory, and Understanding (thanks be to Almighty God for the same) do make, publish and declare this my last Will and Testament in manner following – First and principally I recommend my Soul into the Hands of Almighty God who gave it hoping and believing a remission of my sins by the merits and mediation of my Blessed Redeemer, and my Body I recommend to the Earth to be decently Interred at the discretion of my Executors hereinafter named and as touching such worldly estate wherewith it had pleased God to bless me in this life I Give and dispose thereof in Nine equal shares (subject to certain restrictions and bequests hereinafter named) as follows that is to say,

I Give and bequeath unto my Son Joseph's children their Fathers share equally amongst them share and share alike,

I Give and bequeath unto my Son William Weatherby one share,

I Give unto my Grandson William Weatherby son of my Daughter Ann Frith his Mothers share,

I Give unto my Son Peter Weatherby’s children which are now living in England their Fathers share equally amongst them share and share alike after first deducting therefrom, and paying unto my Son William Weatherby reasonable charges for John’s Board when kept at his house,

I Give unto my Granddaughter Ann Davenport, my Daughter Susannh’s Daughter her Mothers share if she comes to England within Ten years from the time of my decease, otherwise her share to go amongst the other legatees equal share and share alike,

I Give unto my Daughter Elizabeth Cliff Wife of John Cliff, one share,

Also I Give unto the aforesaid Elizabeth Cliff the sum of one Hundred Pou[nds] of lawful British Money together with all the Household Furniture and Dairy vessels to her own use, her heirs and assigns for ever,

Also I Give unto the said Elizabeth Cliff all the farming stock and implements in husbandry to her use for Twelve Months and one after my decease and my Will and meaning is that a valuation thereof shall be took as soon as may be after my decease and at the expiration of the said term of twelve months and one day, the valuation thereof (after first deducting the expense of the said valuation) to be divided amongst all the Legatees equal share and share alike.

I Give unto my Daughter Martha Trimbath one share,

I Give unto my Daughter Hannah Gibbs one share.

I Give unto my Daughter Sarah Bayley one share.

I likewise will that all my just debts be first paid – and the Probate of this my last Will, and funeral expenses – and if any of my Legatees shall find themselves aggrieved at anything contained in this my Will and offer to commence an action, or make any disturbance, then my Will is that he, she or they shall receive only one shilling, and be utterly debarred from this my Will

And I do hereby nominate, constitute and appoint my Daughter Elizabeth Cliff, Wife of John Cliff of Lower Withington Farmer, and William Weatherby of Sutton near Macclesfield, Butcher, and William Weatherby of Marton Farmer, Executrix and Executors of this my last Will and Testament. And I do hereby revoke, dis[…] and make void, all former Wills by me at any time heretofore made and do publish and declare this to be my last Will and Testament only –

In Witness whereof I have hereunto set my Name and seal, this ninth day of June, In the year of our Lord, one thousand eight hundred and thirty eight.

John X Weaterby his mark

Signed, sealed, published, and declared, by the Testator John Weatherby, as his last Will and Testament, in the presence of us, who in his presence, and in the presence of each, have hereunto subscribed our names.

Michael Baker, John Gallimor

Probate

The Twenty sixth day of June 1838

Elizabeth Cliffe the Executrix, and William Weatherby of Sutton, Weatherby of Marton, the 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, come under the value of six hundred Pounds. before me John Bennet, Surrogate
The Testator died on the 15th day of June 1838.
…

Sources

• Cheshire Wills And Probate. FindMyPast (accessed 12 Sep 2021) database entry for John Weatherby, pccupation: tailor. residence: Lower Withington, probate year: 1838.