Thomas Tunstall 1783

 

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This is the last will and testament of me Thomas Tunstall of Coppull in the county of Lancaster yeoman made and published the second day of January in the year of our lord 1783 as follows that is to say I direct all my just debts funeral expenses with the charges of the probate of this my will to be paid out of my whole estate by my executors and trustees hereinafter named and from and after payment thereof and subject thereto I do give devise and bequeath all the rest residue and remainder of my estates both real and personal or whatsoever and wheresoever which I shall be seized or possessed of or entitled to at my decease unto my father Joshua Tunstall of Wigan in the said county yeoman Richard Wilson of Coppull aforesaid yeoman and Robert Belsher of Euxton in the said county yeoman and to their heirs executors administrators and assigns for ever upon the several trusts and to and for the several uses intents and purposes hereinafter mentioned limited and declared of and concerning the same that is to say upon trust to pay and discharge all my just debts funeral expenses and the probate hereof and upon further trust to sell and dispose of all my personal estate and effects all such part thereof as they in their discretion shall think fit and to call in and receive all my outstanding debts all sums of money due or going to me and from time to time to pick and place the monies to be raised thereby at interest upon mortgage or such other security or securities or to invest the same in the purchase of any messuages lands tenements or hereditaments as they or the survivor or survivors of them or the heirs or assigns of such survivor shall from time to time think fit.  And upon further trust by and out of the interest and produce rent issues or profits of the said monies estates or effects to pay and apply one annuity or yearly sum of five pounds of lawful British money unto my loving wife Elizabeth Tunstall for and during her natural life by two equal half yearly payments, the first payment to be made at the end of six calendar months after my decease if my said wife shall continue sole chast and unmarried.  But in case of her intermarriage with any other husband then my will and mind is and I hereby direct that the said annuity of five pounds shall from such intermarriage cease and determine that the same annuity shall from thenceforth sink into the residue of my estates and shall go and be applied as the residue of my said estates are hereinafter disposed of.  And upon further trust from time to time to pay and apply the residue and remainder of the interest produce rents issues and profits of my said monies estates and effects for and towards the maintenance support and education of my only son James Tunstall until his attainment unto the age of twenty one years and upon his attainment to the said age of twenty one years upon further trust to pay apply convey assign and assure all my said estates on to and to the sole proper use and behoof of my said son his heirs executors or administrators and assigns for ever.  Provided always and my will and mind is that if my said son James Tunstall shall happened to die before his attainment to the said age of twenty one years then and from the decease of my said son I do give devise and bequeath all the residue and remainder of my said estates intended for my said son as aforesaid unto my dear father Joshua Tunstall and Margaret Tunstall my mother for their joint lives and to their heirs executors and administrators of the survivor of them if they or either of them shall happen to survive and overlive my said son's attainment to the age of twenty one years as aforesaid.  But if my said father and mother shall both happen to be dead upon my said son's attainment to the age of twenty one years then and in such case and upon my son's decease before his attainment to the age of twenty one years as aforesaid I do give devise and bequeath all the said residue and remainder of my estates intended for my said son as aforesaid unto my relations William Eden Thomas Eden and to Jane the wife of Robert Harrison (being the sons and daughter of Thomas Bentham of Parbold in the said county yeoman) and to Robert Belsher James Belsher Jane the wife of Seth Eccles of Upholland in the said county Tanner and to Elizabeth the wife of [blank] (being the sons and daughters of Adam Belsher of Euxton aforesaid yeoman and to their several heirs executors or administrators equally share and share alike and to take and hold as tenants in common and not as joint tenants and my further will and mind is that my said trustees or any of them shall not be answerable or accountable for the deficiency of any security or securities upon which my said estates or any part thereof shall be put or placed nor for the acts deeds receipts neglect or defaults of each other but each of them for his and their own several acts deeds receipts neglects or defaults only and for what they shall respectively and actually receive and not further or otherwise.  And further that my said trustees and the survivors and survivor of them and heirs executors and administrators of such survivor shall and may from time to time deduct and retain to themselves all such costs charges and expenses as they or any of them shall or may bear pay sustain or be put unto in or about the execution of all or any of the trusts intended to be reposed in them by this my will.  And I do hereby nominate constitute and appoint the said Joshua Tunstall my father and the said Richard Wilson and Robert Belsher executors of this my will but direct and appoint my said father to be Guardian of my said son and to have the care and management of my said estates and effects during my said son's minority if my said father shall so long live.  And lastly I do revoke all former and other wills by me at any time heretofore made.  In witness whereof I have to this my will contained on two sheets of paper to the first of which I have set my hand and to the second of my hand and seal the day first up before writ

 Thomas Tunstall

 Signed sealed published and declared by the said testator Thomas Tunstall as and for his last will and testament in the presence of us who have here unto subscribed our names as witnesses at his request and in his presence

 

Thomas Waring

Samuel Waring

Jno Pennington

 

Whereas I Thomas Tunstall of Coppull in the county of Lancaster yeoman in and by my last will and testament in writing duly published and executed and bearing date of the second day of January in year last past did after having devised and bequeathed all my estates and effects unto my father Joshua Tunstall Richard Wilson and Robert Belsher by the additions and to their heirs executors or administrators and assigns for ever upon certain trusts and to certain uses and purposes therein mentioned and amongst others to and for the use and behoof of my son James Tunstall his heirs executors administrators and assigns upon his attainment to the age of twenty one years.  And in which said will is contained the proviso that if my said son James should happen to die before his attainment to the said age of twenty one years then and from the decease of my said son as aforesaid I did give devise and bequeath all the residue and remainder of my estates intended for my said son as aforesaid unto my dear father Joshua Tunstall and Margaret Tunstall my mother for their joint lives and to the heirs executors and administrators of the survivor of them if they or either of them should happen to survive and overlive my said son's attainment to the age of twenty one years.  But if my said father and mother should both happen to be dead upon my said son's attainment to the age of twenty one years then and in such case and upon my said son's decease before his attainment to the age of twenty one years I gave devised and bequeathed all the residue and remainder of my said estates intended for my said son unto my relations William Eden Thomas Eden and to Jane the wife of Robert Harrison being the sons and daughters of Thomas Eden of Parbold in the said county yeoman and to Robert Belsher James Belsher Jane the wife of James Eccles of Parbold in the said county tanner and to Elizabeth the wife of [blank] (being the sons and daughters of Adam Belsher of Euxton aforesaid yeoman and to their several heirs executors and administrators equally share and share alike and to take and hold as tenants in common and not as joint tenants as in and by the said will on relation thereto are made appear.  Now I the said Thomas Tunstall  by this codicil to my said will and which I hereby desire to be taken as part thereof revoke and make null and void so much of my said will and the said recited proviso whereby the residue and remainder of my said estate is given and devised or intended same to be (upon the contingency of my said father and mother and also my said son dying before my said son's attainment to the age of twenty one years as aforesaid unto the sons and daughters of the said Thomas Eden and the sons and daughters of Adam Belsher of Euxton and to their several heirs executors and administrators as aforesaid and upon that all those contingencies I do hereby give devise and bequeath all the rest residue and remainder of my said estates intended for my said son as aforesaid unto my loving wife Elizabeth her heirs executor's administrators and assigns for ever.  And subject to that revocation and alteration I do hereby ratify and confirm my said will in all respects.  In witness whereof I have to this codicil set my hand and seal this third day of February in the year of our lord 1783

Thomas Tunstall

Signed sealed published and declared by the said it estate or as and for a codicil to his said will in the presence of bars who have here and two subscribed a our names as witnesses here two at his request and in his presents

Thomas Wareing

Richard Wareing

Sally Wareing