James Bentham 1779

 

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This is the last will and testament of me James Bentham the younger of Coppull in the county Palatine of Lancaster yeoman first I will and direct that all my just debts funeral expenses and probate of this my last will and testament be duly paid and satisfied and if my personal estate be not sufficient for that purpose then I do hereby subject and make chargeable my real estate for payment thereof and subject thereto I do hereby give devise and bequeath all those my messuages tenements lands hereditaments and premises situate lying and being in Coppull aforesaid and Shevington in the said county whether inheritance or leasehold unto my father James Bentham and his assigns during the term of his natural life without impeachment of waste subject to and charged and chargeable nevertheless with the annuity or yearly rent charge of ten pounds of lawful money of Great Britain [illeg] issuing and payable [illeg] to and for the benefit and support of my natural son James Bentham otherwise Speakman during the lifetime of my said father in case my said natural son shall so long fortune to live to be paid to him or his assigns by two equal portions in the year that is to say on the 25th day of March commonly called Lady Day and the 11th day of November commonly called Martinmas day new style the first payment thereof to begin and be made on such of the said days as shall next happen after my decease and it is my will and mind that in case the said annuity or yearly rent charge of ten pounds or any part thereof shall be behind or unpaid by the space of ten days next over or after either of the said days or times whereon the same ought to be paid or as aforesaid that then and in such case it shall and maybe lawful to and for my natural son or his Guardians hereinafter appointed during his minority into the said messuages tenements lands and hereditaments and premises whether inheritance or leasehold or into any part thereof to enter and distrain and the distress or distresses there are found to seize take drive carry away impound and in pound to keep and detain or otherwise sell and dispose of the same according to law until therewith or thereby the said annuity of ten pounds and every part thereof and all arrearages thereof if any such there shall be and all costs charges and expenses attending such distress and sale shall be fully paid and satisfied and from and after the decease of my said father James Bentham then I give and devise all that my messuage tenement and lands situate in Coppull aforesaid being inheritance unto my said natural son James Bentham otherwise Speakman and the heirs of his body lawfully begotten and in default of such issue or in case he shall fortune to die during his minority then I give and devise the same unto my own right heirs for ever.  I also give and bequeath all that my messuage tenement and lands situate in Shevington aforesaid being leasehold from and after the decease of my said father unto my said natural son during all the then residue and the remainder of my term and interest therein and chargeable nevertheless with the annuity or yearly rent charge of five pounds of like lawful money of Great Britain to be issuing and payable thereout to Robert Prescott Welsh of Ormskirk during the term of his natural life to be paid to him or his assigns by two equal portions in the year that is to say on the 25th day of March commonly called Lady Day and the 11th day of November, commonly called Martinmas day new style the first payment thereof to be in and be made upon such of the said feasts or days as shall next happen after the decease of my said father and it is my will and mind that in case the last mentioned annuity of five pounds or any part thereof shall be behind or unpaid by the space of ten days next over or after either of the said days or times whereon the same ought to be paid as aforesaid it shall and may be lawful to and for the said Robert Prescott Welsh or his assigns into the said leasehold messuage tenement and lands situate in Shevington aforesaid to enter and distrain and the distress and distresses there found to seize take drive carry away impound and in pound to keep and detain or otherwise to sell and dispose of the same according to law until therewithl or thereby the said annuity of five pounds and every part thereof and all arrearages thereof if any such there shall be and all costs charges and expenses attending such distress and sale shall be fully paid and satisfied. I likewise give and bequeath to all my first cousins or cousin Germans two shillings and sixpence apiece to be paid to them by my executors hereinafter named within six calendar months next after my decease and I do hereby constitute and appoint Richard Smith of Chorley in the said county gentleman and James Bradshaw of Shevington aforesaid husbandmsn guardians of the person and estate of my natural son during his minority. I also a nominate constitute and appoint the said Richard Smith and James Bradshaw joint executors hereof hereby revoking all former wills by me at any time heretofore made.  In witness whereof I the said James Bentham have hereunto set my hand and seal this 29th day of March in the year of our lord one thousand seven hundred and sixty eight.

 Jas Bentham

 The writing contained in this and the preceding sheets was signed sealed published and declared by the above [sheet damaged] his last will and testament in the presence of us who have in his sight and presence and also in the sight and presence of each other subscribed our names as witnesses to the execution hereof

 Thomas German

the mark of

Charles Taylor

Edward Low

 26th May 1779

 Richard Smith and James Bradshaw the executors within named were sworn in Common form before me

Tho Baldwin

 Probat issued 21st of June following.

 

Below is a sheet attached to the will.

 Between Thomas German complainant and James Bentham Richard Smith gentleman James Bradshaw James Pilkington and James Bentham otherwise speakman (an infant under the age of 21 years by the said Richard Smith and James Bradshaw his Guardians 20 February, 1769 at chorley in the county of Lancaster

 At the execution of a commission for examination of witnesses in this case this paper writing or will was produced and [illeg] to Edward Lowe and Charles Taylor severally and by them severally deposed unto at the time of their examination to the first and second and third interrogatorys. Before us on the part of the complainant

 Jno Pannington

Jams Wigan