Nat Gould

Will of John Gilbert 1724-1795

Will of John Gilbert 1794

This is the last Will and Testament of me John Gilbert of Worsley in the County of Lancaster Gentleman made and published this thirty first day of December in the Year of Our Lord one thousand Seven hundred and ninety four whereby I am desirous to dispose of all my Real Leasehold and Personal Estates and Effects in manner hereinafter mentioned being praised be God of sound perfect and disposing mind memory and understanding I give and bequeath to my dear Wife Lydia Gilbert such Part of my Household Goods and Furniture Beds Bedding Linen Glass Plate and China as She shall make choice of to and for her own proper use and disposal and I also give and bequeath unto her my said dear Wife the Sum of one hundred Pounds to be paid her immediately after my decease I also give and bequeath to my said dear Wife the Sum of one thousand Pounds to be paid to her at any time She shall require the same after my decease giving to my Executors hereinafter named or the Survivor of them his Executors or Administrators twelve calendar months notice for this payment thereof and in case the same shall not be received by my said dear Wife in her life time then I give the same Sum of one thousand Pounds to be paid after her decease to such Person or Persons and in such Parts Shares and Proportions as She my said dear Wife shall by her last Will and Testament in Writing or any Writing purporting to be her last Will and Testament or any Codicil thereto to be published and declared by her as such in the presence of and attested by two or more credible Witnesses shall direct give bequeath or appoint the same and in default of such appointment and as to such Part and Parts thereof whereof no such appointment shall be made the same shall be such for the benefit of my residuary Legatee I likewise give devise and bequeath to my said dear Wife an Annuity or clear Yearly Rent charge or Sum of four hundred Pounds to be issuing and payable to her Yearly and every Year from the time of my decease for and during the term of her natural life from and out of such or such Part or Parts of my Real Leasehold and Personal Estates as hereinafter in that behalf mentioned free and clear of and from all Parliamentary and other Levys Costs charges Assessments Impositions and deductions whatsoever to be laid paid charged assessed or imposed thereupon or upon any part thereof by Virtue of any Act or Acts of Parliament made or to be made or otherwise howsoever and to be so issuing and payable as aforesaid by four equal Quarterly Payments in each Year and the first of such Quarterly Payments to become due and be made at the end of one Quarter of a Year next after my decease I give and devise one undivided fourth quarter Part Share (the whole into four equal Parts or Shares to be divided of all that my undivided moiety or equal half Part or Share in all that Freehold Messuage or Tenement with the Lands Mines Minerals Hereditaments and appurtenances thereunto belonging situate lying and being in Stanton in the County of Derby and which said undivided Moiety I purchased from Richard Calton Esquire) unto and to the use of my Son Robert Gilbert his Heirs and Assigns for ever he my said Son Robert his Heirs or Assigns paying to my Executors hereinafter named their Executors or Administrators to be accounted and considered as part of my Personal Estates the fourth Part of the purchased Moiety which I paid for the said money to the said Richard Calton and therewith I do hereby charge and make chargeable the said fourth part (of the said moiety) hereinbefore given to my said Son Robert his Heirs and Assigns as aforesaid I also give devise and bequeath one undivided fourth Part or Share (the whole into four equal parts or Shares to be divided) of all my several Shares and Interests in the Black Lead Copper Lapis Calammaris and Lead Mines which I hold by virtue of any Lease or Leases Agreement or Agreements Custom or as Tenant at Will in the several Counties of Cumberland and Westmoreland Stafford and Derby and each and every or any of them and in the Bishopric of Durham and of the Smelting Mills in this said County of Cumberland and Bishopric of Durham and of the Appurtenances thereunto respectively belonging unto my said Son Robert his Executors Administrators and Assigns during his continuance of my firm and firms Interest and Interests therein respectively and my Will is that my said Son Robert shall not be at Liberty to accept either of these aforementioned devises to him without also accepting the other I also Give and bequeath unto my said Son Robert the Sum of four thousand Pounds to be paid him within three Years next after my decease with Interest for the same after the rate of four pounds per cent per Annum to commence and be computed from the time of my death such Interest to be paid Yearly till the same Legacy shall become payable I Give and Bequeath to my Grand-daughter Alice Gilbert daughter of my late Son Thomas Gilbert the Sum of Six hundred Pounds to be paid and payable to her upon her attainment to the Age of twenty four Years or day of Marriage which shall first happen such Marriage being with the approbation and Consent in Writing of my said dear Wife during her life and after her death of my Executors hereinafter named together with Interest for the same at the rate of five pounds per cent per Annum to commence and be computed from the time of my decease Provided always and I hereby declare it to be my Will that if my said Grand-daughter Alice shall happen to die unmarried and under the Age of twenty four Years or if She having married without such approbation and Consent as aforesaid shall happen to die under the Age of twenty four Years without having lawful Issue living at the time of her death then and in either of these cases I hereby direct and appoint that the said Legacy hereinbefore given to my said Grand-daughter Alice as aforesaid shall not be payable but shall serve for the benefit of my residuary Legatee but if my said Grand-daughter Alice without having married with such approbation and Consent aforesaid shall happen to die under the Age of twenty four Years leaving lawful Issue living at the time of her death then and in such Case the same Legacy shall go belong and be paid to her Issue equally if more than one Share and Share alike I give and bequeath to the Widow of my late Son Thomas Gilbert an Annuity or Yearly Sum of fifty two Guineas to be paid to her Yearly and every Year free from all deductions whatsoever from the time of my decease for and during the term of her natural life such payment thereof to be made to her in Weekly or Monthly or Quarterly Portions as she shall from time to time in writing require the same I give to Thomas Kent of Worsley aforesaid the Sum of thirty Pounds in token of Regard for him I also give as follows Viz to Sarah Lonsdale of Worsley aforesaid Widow twenty Pounds to my late Servant Robert Lonsdale twenty Pounds to my late Servant Elizabeth Barker now Elizabeth Meadowcroft twenty Pounds to William Jones of Liverpool formerly a Servant of mine twenty Pounds to John Vary of Worsley aforesaid twenty Pounds to Thomas Timperley late of Worsley aforesaid but now or near Clough Hall in Staffordshire twenty Pounds to James Siddall at or near Clough Hall aforesaid twenty Pounds to Francis Bayly of Liverpool aforesaid twenty Pounds to my Servant John Collier twenty Pounds to each of my Servants Sarah Cox and [[blank] Stonehewer the Sum of twenty Pounds and to my Servant Robert Cox the Sum of twenty Pounds and all the rest residue and remainder of my Real and Personal Estates whatsoever and wheresoever and of what nature sort or description soever not only what has been already conveyed or assigned to me but also what I have already contracted for or may hereafter Contract for I give devise and bequeath unto my Son John Gilbert his Heirs Executors Administrators and Assigns for ever or for and during my Estate and several Estates therein respectively so subject and chargeable nevertheless as hereinafter mentioned and I hereby charge and make chargeable the Real Estate hereinbefore given to my said Son John with the payment of all my debts Funeral Expenses and the Charges of proving this my Will also such of the same debts Funeral Expenses and Probate Charges as my Personal Estate shall be insufficient to pay and I hereby Also charge and make chargeable the same Real Estate except my Premises in Liverpool called the Glass House & Premises with the Payment of the aforesaid Annuity of four hundred Pounds a Year to my said dear Wife and also of so much of the Legacies herein before bequeathed (except that given to the said Widow of my said late Son Thomas and Interest hereby given for the same respectively) as my said Personal Estate shall be insufficient to pay and in case of non payment of any Part of the aforesaid Annuity to my said dear Wife by the space of thirty days next after the same shall become due in every such Case I hereby give my said dear Wife for the Recovery of so much as shall be from time to time be in Arrear Power of Entry distress and Sale in and upon the whole or any part of the said Real Estate hereinbefore charged or chargeable as aforesaid and I hereby declare that the provision hereby made for my said dear Wife is by me designed and intended to be and shall be accepted and taken by her in full for the Jointure or Provision made or intended to be made for her by the Articles which were made between us previous or subsequent to our Intermarriage and also in Lieu Barr and full satisfaction of all Dower or thirds Right and Title of Dower or thirds and of all other Claims and Demands whatsoever which She surviving me might can or could claim of in to out of or from all and every or any Part of my Real and Personal Estates or either of them and I hereby also declare that the provision hereinbefore made for my Son Robert shall be paid to and accepted and taken by him in full of all claims and demands whatsoever which he by form or Virtue of the said Articles or Settlement made previous or subsequent to my Marriage with my said dear Wife may can might or could claim of in to out of or from the Real and Leasehold Estates therein mentioned and comprized or any of them or any part thereof and I hereby declare that the reason of my not having made any provision in this my Will for my Grandson John Gilbert the Son of my said Son Thomas Gilbert or for Lydia the Sister of my said Grandson is that the former enjoys the whole of his fathers Real Estate which is much more than adequate to any provision which by this my Will or otherwise I have made for them of his the same John Gilberts Sisters and that the latter I have otherwise provided for Viz by having given to her Husband Nathaniel Gould of Manchester in the said County of Lancaster Merchant my Bond for one thousand Pounds with Interest and that the reason of my having by this my Will given to my Grand-daughter Alice Gilbert therein named the Sum of six hundred Pounds only is that She does now or when She attains Majority will enjoy under the Will of her maternal Grandmother so much Property as will make the same Sum of Six hundred Pounds more than adequate for the said provision I have made for her Sister the said Lydia Gould and I hereby bequeath to the said Nathaniel Gould one hundred Guineas as a recompense for the trouble he may have in the execution of this my Will to Miss Barnet twenty Pounds and to William Jones the father of the said William Jones hereinbefore mentioned the sum of twenty Pounds and I hereby revoke all former Wills and Codicils by me at any time heretofore made and of this which I publish and declare that to be my only true last Will and Testament do nominate and appoint my said Son John Gilbert and the said Nathaniel Gould Executors In Witness whereof I the said John Gilbert the Testator have hereunto set my hand and Seal the day and Year first above written

John Gilbert LS

Signed Sealed published and declared by the said Testator as and for his last Will and Testament in the presence of us who at his request and in his presence and in the presence of each other have hereunto subscribed our names as Witnesses the Words “and Bishopric of Durham " “and my Will is that my said Son Robert shall not be at Liberty to accept either of the before mentioned devises to him without accepting also the other " “late now Elizabeth Meadowcroft" “to me” “Miss Barnet twenty Pounds " having been first been Interlined

Thomas Forster Charles Stainforth Jas. Barrow

This Will was Proved at London on the fifth day of October in the Year of Our Lord one thousand Seven hundred and ninety five before the Right Honourable Sir William Wynne Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully Constituted by the Oaths of John Gilbert the Son of the deceased and Nathaniel Gould the Executors named in the said Will to whom Administration was granted of all and Singular the Goods Chattels and Credits of the said deceased having been first Sworn by Commission duly to Administer