This is a transcript of the will of John Weatherby of Newbold Astbury, Cheshire, dated 17 June 1786. His will was proved on 19 May 1794.
Paragraph breaks and headings have been added to improve readability.
In the Name of God Amen I John Weatherby of Newbold Astbury in the County of Chester Taylor being of sound and disposing mind, memory and understanding do make publish and declare this my last Will and Testament in manner and form following
First I will, order, and direct, that all such Debts as I shall justly owe at the time of my Decease together with my Funeral expenses and the Charges of proving this my Will be paid and discharged
And subject thereto I give, devise, and bequeath All that my Messuage or Dwelling house wherein I now live at Whetstones edge in Newbold Astbury aforesaid and all Buildings, Yards, Orchards, Gardens, Fields, Closes, and parcels of Land, and all other the Hereditaments priviledges and appurtenances whatsoever thereto, or to any part thereof belonging or in any wise appertaining in accepted, reputed, taken or known, as part, parcel or member thereof, And also all my ready monies, and monies to me owing at the time of my decease, whether upon Contract, Security or otherwise and also all my Goods, Furniture, Stock of Cattle and other Stock, Implements of Husbandry, Dairy utensils, and all other my personal Estate and Effects of what nature or kind soever and wheresoever the same may happen to be, which I shall die possessed of or in any wise entitled unto, or have any sort of power to dispose of unto my Executors herein after named and to the Survivor of them his Heirs, Executors, Administrators and assigns Upton Trust nevertheless and to the Intent and purpose that they my said Executors and the Survivor of them his Heirs Executors Administrators and Assigns do and shall permit and suffer my Wife Martha Weatherby to have, hold, and enjoy, my said Messuage or Dwelling house, Buildings, Closes, Lands and premises above mentioned with the Hereditaments and Appurtenances thereto belonging, and to receive and take the Rents, species and profilts thereof to her own use and benefit, And also to have the free use, but not the property of all my said Household and other goods. Furniture, Stock of Cattle and other stock, Implements of Husbandry and Dairy Utensils, for and during so long only as she shall continue my Widow and not marry again
And upon further Trust that they my said Executors, and the Survivor of them his Heirs, Executors or Administrators do and shall as soon as possible after the decease or Marriage again of my said Wife which shall first happen, absolutely sell and dispose of my said Messuage or Dwelling house, Buildings, Lands, Hereditaments and premises herein before mentioned with their and every of their Appurtenances, and also all my Household and other Goods, Furniture, Stock of Cattle, and other Stock, Implements of Husbandry Dairy Utensils and all other my Personal Estate and Effects, not consisting in money either together or in parcels, for the best price that can then be got for the same, and do and shall pay and apply the monies arising from such Sale or Sales, together with my other monies if any such there be (after payment of my Debts, Funeral expenses, and the Charges of proving this my Will as aforesaid, and all other reasonable expenses to attend or in consequence of the Execution of the Trusts hereby in them reposed and in the performance of this my Will) unto my Seven Children, John Weatherby, Joseph Weatherby, Esther Stubbs, Mary Weatherby, Sarah Weatherby, Martha Weatherby, and Hannah Weatherby in even and equal portions or share and share alike, and to the Child or Children of such of them as at that time shall be dead and have left Issue then living such Issue to have and take his her or their Parent’s share only equally amongst them (if more than one) and if but one then the whole to that one Child, But my Will and meaning is that in Case any of my said Children shall happen to die before that time leaving neither Husband, Wife, nor any lawful Issue then living that then and in such case I do direct that the share or part of the said monies so by me given to him, her, or their dying in manner aforesaid shall be paid to the Survivors of my then remaining Children share and share alike,
And I will and direct the Receipt and Receipts of any of my said Daughters whether Sole or married shall be sufficient discharge and discharges to my said Executors for any such share, sum, or sums of money so paid to them or any of them, And that the Receipt or Receipts of my said Trustees or Executors or the Survivors of them his Heirs Executors or Administrators shall be deemed a good and sufficient discharge to the purchaser or purchasers of the said Messuage or Dwelling house, Buildings, Lands, Hereditaments and premises herein before directed to be sold, for the purchase money to be paid in pursuance of the Trust aforesaid, and from and after such Receipt or Receipts shall be given, the person or persons paying such purchase money shall not be concerned to see the application nor liable to answer to the misapplication or nonapplication thereof but shall be usually discharged therefrom,
And I nominate and appoint my said Sons John Weatherby and Joseph Weatherby Trustees and Executors of this my Will, and do direct that they shall not be answerable one for another, but each of them for his own Acts, Deeds, Receipts and Defaults only, nor for any Loss or Losses which may happen in the premises, unless it shall be by their respective wilfull neglect or default,
And I do hereby revoke all former Wills be me at any time heretofore made, and do publish and declare this as and for my last Will and Testament
In Witness whereof I have hereunto set my hand and Seal the seventeenth day of June in the year of our Lord one thousand seven hundred and eighty six
John Weatherby X his mark and seal
Signed, sealed, and published, by the Testator John Weatherby as and for his last Will and Testament, in the presence of us, who at his request attested the same and have hereunto subscribed our names in his presence, and in the presence of each other.
The fourteenth Day of April 1794 Joseph Weatherby
one of the Executors within named was sworn in Common Form
Power reserved for John Weatherby his Executor tp take the
Execution thereof upon him when he lawfully requests
Before me. Bage Godrey Surrogate
Value of Effects above 40 £ under 100 £
19th of May […]
- Cheshire Wills And Probate. FindMyPast (accessed 15 Sep 2021) database entry for John Weatherby. Residence: Newbold. Probate year: 1794.