|James Chisnall 1802|
This is the last will and testament of me James Chisnall of Coppull in the county of Lancaster yeoman. I order all my just debts funeral expenses and charges of the probate of this my last will to be paid by my executors hereinafter named out of my personal estate if the same shall be sufficient for that purpose if not I charge of my real estate with the payment of the deficiency. And I give and bequeath unto my wife Mary Chisnall such of my household furniture as she was possessed of when I married her. And I give and devise an to my mother Mary Chisnall all that my leasehold estate situate lying and being in Dalton in the said county and now in the possession of Edward Smith for all my estate and interest therein and I give and bequeath unto my said mother such sum and sums of money to be from time to time during her life paid out of my personal estate as my executors here and after named shall in their discretion conceive actually necessary for her support in life. The same to be in lieu bar and complete satisfaction of all claims and demands whatsoever which my said mother can or may set up or make upon all or any part of the effects and premises of my late father Peter Chisnall deceased which descended to me upon his decease as his heir at law or personal representative and which has since his death remainded in my possession. And I do hereby give and bequeath unto my said wife and her assigns during the term of her natural life provided she so long remains my widow one annuity or clear yearly sum of eight pounds of good and lawful money of this realm but if she happen to marry again then I order and direct that she shall have only five pounds a year the same to be paid and payable of and from my messuage and tenement lands hereditaments and premises situate lying and being in Coppull aforesaid and now in my own possession and which I do hereby I charge and make chargeable therewith and to be paid and payable to her at or upon the two following days that is to say the 25th day of June and 25th day of December in every year by equal portions the first payment thereof to begin and be made on such of the said days as shall first happen next after my decease and to her executor or administrator as a proportionable part of the half yearly payments of the said annuity growing due at the time of her decease up and home to the day of her decease and subject and chargeable with the payment of my debts as aforesaid and the said annuity to my said wife and of the sum of eight pounds a year to my mother in law Ellen Sharrock which I sometime ago agreed to pay her during the term of her natural life in lieu bar and satisfaction of all claims and demands whatsoever which she had or might make upon my said estate and premises in Coppull aforesaid for her dower or thirds at the common Law or any other account whatsoever as the widow of my father in law William Sharrock late of Charnock Richard in the said county yeoman deceased. I give devise direct limit and appoint all that and those my said messuage and tenement lands hereditaments and premises situate lying and being in Coppull aforesaid unto my son William Chisnall upon the attainment of my youngest child to the age of twenty one years and to his her heirs and assigns for ever nevertheless further subject and liable and I do hereby charge and made chargeable the said messuage and tenement lands hereditaments and premises herein before devised to my said son William as aforesaid with the payment of the several legacies or sums of money to the several persons in such shares and proportions as are hereinafter particularly mentioned and expressed that is to say the sum of two hundred pounds of lawful money of this realm to my daughter Ann Chisnall the sum of two hundred pounds of like money to my daughter Margaret Chisnall and the sum of one hundred pounds of like money to my son Peter Chisnall the said several sums to be paid and payable respectively upon the attainment of my youngest child to the age of twenty one years. But provided my said son shall be dissatisfied with the devise I have hereinbefore made to him and shall conceive that I have charged on the same with the payment of too much money then in that case I hereby order and direct that upon the attainment of my youngest child to the age of twenty one years as aforesaid the said messuage and tenement lands hereditaments and premises situated in Coppull aforesaid shall be absolutely sold (subject to the said annuity to my said wife and the said sum of eight pounds a year to my said mother in law as aforesaid) And the money from thence arising divided equally amongst all and every my said children and the legal representatives share and share alike absolutely and for ever. And I give and devise all that my leasehold estate in Langtree in the said county with the appurtenances unto my son of Peter Chisnall his heirs executors administrators and assigns during all my estate and interest therein. And as to all the rest residue and remainder of my personal estate and effects of whatever nature kind or quality so ever and wheresoever (which it is my will and mind shall immediately after my decease be converted into money) I give and bequeath the same unto my children William Peter Ann and Margaret to be equally divided amongst them share and share alike when and as soon as the youngest of them attains the age of twenty one years. Provided always and it is my will and mind that in case any of my said children shall be dead upon the arrival of my youngest child to the age of twenty one years as aforesaid without leaving lawful issue the share or shares of him her or them so dying (as well real and leasehold as personal estate) shall go and be given equally divided unto and among such of my said children as shall then be living if more than one share and share alike absolutely and for ever and if there shall be but one living then the whole to that one but provided any of my said children shall be then dead leaving lawful issue the share or shares of him her or them so dying to go and be divided unto and equally among such issue, who are to take per stirpes [?] and equally amongst them if more than one only the share or shares his her or their parents or parent would have taken if living at the time my youngest child attained the age of twenty one years. And if there shall be but one then the whole of his or her father or mother’s shares of my said real leasehold and personal estates to go to that one absolutely and for ever. Provided always nevertheless that in case all my said children die before the youngest of them attains the age of twenty one years and without issue then I give and bequeath the sum of fifty pounds apiece to John Barron of Aspull in the said county gentleman William Pilkington of Shevington in the said county manufacturer Robert Ainscough of Welch Whittle in that said county farmer and Henry Gaskell of Wigan in the said county attorney at law their executors or administrators and assigns which said legacies I hereby had charge and make chargeable as well upon my said real and leasehold estates as my personal estate and direct the same to be paid immediately upon the death of my surviving child without issue as aforesaid. And it is my will and mind and I do hereby order and direct that the rents and profits of my real and leasehold estates (except such part of the latter as I have hereinbefore given to my said mother as aforesaid) and the annual interest and produce of my personal estate or so much thereof as shall be necessary for that purpose (subject as to my real estate to the payment of the said annuity to my said wife and of the said sum of eight pounds a year to my said mother in law as aforesaid) shall during the minority of my said children be paid and applied in the support maintenance education and bringing up of my said children until the boys are in a situation to be put out apprentice and the girls to service at which time I order and direct that they shall be placed out to such trades and services as my executors shall in their discretion think most proper. And I do hereby order and direct that the surplus of the said rents interest and produce of my said real leasehold and personal estates that shall remain in the hands of my executors upon the arrival of my youngest child to the age of twenty one years shall be deemed and considered part of the residue of my personal estate and applied in such and the like manner as I have before directed as to such residue of my personal estate. And I do further order and direct that my said children shall by my executors hereinafter named be placed out to board with some other person or persons beside my said a wife and not with her. And I do hereby further declare that the provisions which I have by this my will made for my said wife is in lieu bar and in full satisfaction of all dower or thirds and all other claims or demands whatsoever which she can or may have or claim out of my real or personal estates and effects. And it is my will and mind and I do hereby further declare and direct that my said executors their respective heirs executors and administrators shall not be answerable or accountable one for another but each person for his own acts and defaults only and by no means for involuntary losses and that they shall be allowed out of my said estates and effects all their costs charges damages and expenses to be occasioned by the execution of this my will. And I do direct that my executors in all matters requiring the advice and assistance of an attorney at law or conveyancer shall apply to the said Henry Gaskell and to no other person. And I constitute and appoint the said John Baron William Pilkington and Robert Ainscough executors of this my will and lastly revoking all former wills by me at any time heretofore made I do declare this to be my last will and testament. In witness whereof I the said James Chisnall the testator have to the first three sheets of this my will consisting of four sheets of paper set my hand and to this being the fourth and last sheet hereof my hand and seal this 28th day of June one thousand eight hundred and two.
The first three sheets of this will consisting of four sheets of paper were signed and this being the fourth and last sheet hereof was signed and sealed and the whole of these four sheets of paper sealed published and declared by the said testator James Chisnall as and for his last will and testament in the presence of us, who at his request in his presence and in the side and presents of each other have here unto subscribed our names as witnesses to attest the execution hereof (the words “but provided” on the second sheet and “losses” on the fourth sheet being wrote on erasures and the word “as” on the fourth sheet interlined and the words “subject to the said annuity to my said wife and the said eight pounds a year two my said mother in law as aforesaid” being also so interlined