Nat Gould

Will of Richard Edensor 1700-1776

Will of Richard Edensor 1700-1776

I Richard Edensor of Congleton in the County of Chester Gentleman do make this my last Will and Testament in manner and form following Whereas by Indenture bearing date the twenty sixth day of August in the year of our Lord one thousand seven hundred and sixty five Inrolled in the High Court of Chancery Mary Comyn Widow did grant bargain and sell unto me and my Heirs all that the Rectory Impropriate of Eccles with its Rights Members and Appurtenances in the County Palatine of Lancaster and all Messuages Lands Glebe Lands Tythes Tenements and Hereditaments to the said Rectory belonging or appertaining and all manner of Tythes of Corn Hay and Grain and other Tythes both Great and Small predial personal and mixed and all other Tythable Matters Pensions Sum and Sums of Money in lieu of Tythes Compositions Modus’s and other things Spiritual and Temporal and Hereditaments whatsoever coming growing renewing increasing lying being or arising in or within the Parish of Eccles aforesaid And since her so granting the same to me I have sold and granted to Several Persons several parts thereof and do hereby intend to give and devise all the Tythes of my own Land and Estate at Clifton in the said Parish of Eccles unto Trustees hereinafter named for the uses of this my Will expressed And whereas John Cook of Salford in the County of Lancaster Gentleman by Contract or Agreement made between him and me is intitled to a Share of the Residue of the said Rectory Impropriate and Tythes of the said Parish of Eccles which have not been sold granted or conveyed nor intended to be by me otherwise devised as hereinafter mentioned or to a Share of the Money that shall or may be raised by sale thereof and it is my will and mind that the rest and residue of the said Rectory Impropriate and all Messuages Lands Glebe Lands Tythes Tenements and Hereditaments to the said Rectory belonging (reserving so much thereof as may be more than sufficient to answer all and every the yearly and other Payments which shall or may become due or payable to the Vicar of the Parish Church of Eccles for the time being and the repairs of the Chancel of the said Church and all Payments Sum or Sums of Money whereunto the Rector or Impropriator of the Tythes of the said Parish hath been or is or shall be liable may be sold and disposed of Now therefore I do hereby give and devise all Such Rest and Residue of the said Rectory and of all the Messuages Lands Glebe Lands Tythes Tenements and Hereditaments to the said Rectory belonging (which have been by me sold or disposed of) except the Tythes of my said Land and Estate at Clifton aforesaid unto my Brother in Law Thomas Mills of Barlaston in the County of Stafford Esquire Richard Gould of Pilsbury Grange son of Richard Gould late of the same place deceased Gentleman Richard Rowe of Bakewell in the County of Derby son of Richard Rowe late of the same place deceased Gentleman and William Seaman of Stanton near Middlewich in the said County of Chester Gentleman and to their Heirs on Trust nevertheless to be by them the Survivor or Survivors of them his heirs or Assigns sold and disposed of together or in Parcels at his or their discretion reserving nevertheless so much thereof as may be at the least sufficient to pay satisfy and discharge all and every the yearly and other payments which shall or may become due or payable to the Vicar of the Parish Church of Eccles aforesaid and also the repairs of the Chancel of the said Church and also all other Payments Sum and Sums of Money which the Rector or Impropriator of the said Rectory Impropriate or tythes of the said Parish hath been or is or shall be Chargeable with or liable to pay satisfy and discharge And it is my will and meaning that one Moiety or half part of the Money to be raised by such sale or sales shall or may be paid unto the said John Cook his Executors administrators or assigns and that the other Moiety or half part thereof shall be added unto my Personal Estate and applyed in Payment of my Debts and of the Legacies given and bequeathed in and by this my Will and that the Residue thereof if such there shall be shall be Paid or Applyed unto or for the use of such Person and Persons to whom the Residue of my Personal Estate in and by this my said Will is given and bequeathed and it is my will and mind that the receipt or Receipts of any of the said Trustees or the Survivor of them his Heirs or assigns shall be sufficient discharges for the Purchase Money to be by them respectively received and that the Purchasor or Purchasors thereof shall be acquitted and discharged from the Purchase Money to be by them respectively Paid for the same unto my said Trustees or any of them their or any of their Heirs Executors Administrators or Assigns and shall not be any further or otherwise answerable or accountable for the same or for the Misapplication or non application thereof and I do further direct that they my said Trustees or any of them their or any of their Executors or Administrators shall not be charged or Chargeable with or accountable for any more of the aforesaid Trust Estates Moneys and Premises than they respectively shall actually receive or shall come to their respective Hands by Virtue of this my Will or with or for any loss which shall happen of the same Estates Moneys and Premises or any part thereof so as such loss happen without their wilful default nor any one of them for the other or others of them but each of them only for his own Acts Deeds Receipts or Disbursements and also that it shall and may be lawful for them my said Trustees and each and every of them their and each of their Executors and Administrators in the first place by and out of the aforesaid Trust Estate Moneys and Premises to deduct and reimburse him and themselves respectively all such loss Costs Charges and Expences which they or any of them shall respectively sustain expend or be put unto for or by reason of the Several Trusts hereby in them reposed in relation to the same Estates Moneys and Premises respectively or the Management and Execution thereof or any thing in any Wise relating thereto and it is my will and mind that all my just Debts and Funeral Expences and the Pecuniary Legacies hereinafter by me given and bequeathed may be paid and discharged out of my Personal Estate and the Money by this my Will directed to be added thereto in Case the same shall be sufficient for that purpose in case the same shall not be sufficient then in aid thereof I charge all my Freehold Messuages Lands Tenements Coal Mines and all the Rest of my Tythes and all other my Real Freehold Estate to make good such deficiency but without prejudice to the Annuities hereinafter by me given and appointed to be paid also I direct and appoint that the sum of two thousand Pounds by my late Brother William Edensor given and bequeathed to me to be disposed of between or among the Child or Children of my Sister Rachel Heathcote in such Shares as I should appoint shall be paid equally between my Nephew John Edensor Heathcote and my Niece Betty otherwise Elizabeth Heathcote son and daughter of my said Sister Rachel Heathcote share and share alike Also I give and bequeath to the aforesaid Thomas Mills Richard Gould Richard Rowe and William Seaman the sum of four thousand five hundred Pounds to be by them the Survivors or Survivor of them his Executors Administrators or Assigns applied and disposed of in the manner hereafter mentioned that is to say To the intent that Interest for the same after the rate of three Pounds for an hundred Pounds by the Year or so much of such Interest as my said Trustees shall think meet and reasonable may be paid laid out and employed to and for the Education and Maintenance of my said Niece Betty otherwise Elizabeth Heathcote until she shall Marry with the Consent and Approbation of them the said Trustees or the Survivors or Survivor of them his Executors Administrators or Assigns in writing under his or their hands for that purpose and that at the time of such her Marriage with such Consent the said Sum of four thousand five hundred Pounds shall and may be paid and applied unto or for the use and benefit of the said Betty otherwise Elizabeth Heathcote and in case she shall marry without such Consent as aforesaid then to the intent that the said Principal Sum of four thousand five hundred Pounds and so much of the Interest thereof as shall not be so paid laid out or employed as aforesaid may be laid out and disposed of in the purchase of Lands to be purchased by the said Trustees the Survivors or Survivor of them his Executors Administrators or Assigns and by him or them to be settled to the use of the said Betty otherwise Elizabeth Heathcote for her life with remainder to her Child or Children in such shares and proportions and with such powers for raising portions for the other Child or Children in such manner as the said Trustees the Survivors or Survivor of them his Executors Administrators or Assigns shall think meet and with Remainder in case she shall leave no such Child or Children To the said John Edensor Heathcote his Heirs and Assigns for ever and in Case the said Betty otherwise Elizabeth Heathcote shall die unmarried then I will that the said Sum of four thousand five hundred Pounds shall be paid unto the said John Edensor Heathcote his Executors or Administrators Also I give and bequeath unto Hugh Henshall of Newchapel in the Parish of Wolstanton in the County of Stafford Gentleman and Thomas Furnival of Congleton aforesaid Gentleman the sum of one hundred and twenty five Pounds upon Trust to be distributed in manner following (to wit) fifty pounds thereof to the Treasurer of the General Infirmary at Chester and fifty pounds thereof to the Treasurer of the General Infirmary at Manchester to be by them respectively applied to the charitable uses of the said respective Infirmaries To the Overseers of the Poor at the several following Townships or places five Pounds to each place to be by them respectively distributed amongst the Poor thereof (to wit) Hartington Quarter in Derbyshire Sandbach in Cheshire Congleton aforesaid Talk upon the Hill in Staffordshire and Clifton in Lancashire each of the said Sums to be distributed within one Month next after my death the same to be paid out my Personal Estate and not out of any of my Lands Tenements or Hereditaments And Whereas by my late Wife I am intitled to the Sum of three hundred and twenty Pounds which is now in the hands of my said Brother in Law Thomas Mills Now I do hereby direct

that thirty Pounds be taken out of my Personalty and added to the said Sum of three hundred and twenty Pounds to make the same three hundred and fifty Pounds part thereof to my Sister in Law Elizabeth Houghton Widow and Relict of my late Brother in Law John Edensor deceased and the Sum of two hundred Pounds the Residue thereof I give to my two Nieces Elizabeth Mills and Esther Mills daughters of the said Thomas Mills to be equally divided betwixt them Also I Give to Mr Charles Greenwood of Rood Lane London a Debt of one hundred Pounds which he owes me upon Bond and all Interest which shall be due thereon at my decease Also I give to my Kinsmen Joseph Edensor John Edensor and Abner Edensor and their Sister [blank but actually Mary] Moseley or the said daughter daughter of the said Thomas Edensor shall happen to be dead in my life and without Issue lawfully begotten Then I will that the Legacy or Legacies of him her or them so dying shall go and be Paid to the Survivors or Survivor of them share and share alike but if any of them so to be dead shall leave Issue living then I will that the Legacy given to each parent so happening to be dead shall be paid unto or equally divided amongst his or her Child or Children also I give to my Sister in Law Elizabeth Houghton twenty Guineas to buy her Mourning Also I give to the said Thomas Mills Richard Gould Richard Rowe and William Seaman thirty Guineas each Also I give to Richard Taylor of Clough hall in the Parish of Audley in the County of Stafford the sum of ten Pounds and to Rebecca Booth the Widow of John Booth late of Clifton deceased the sum of ten Pounds Also I give to the said Hugh Henshall the sum of ten Guineas and to the said Thomas Furnival the sum of Ten Pounds Also I give to my Servant Maid Elizabeth Plant thirty Guineas provided she lives with me at my death Also I give to such other Servant Maid as shall be living with me at my death five Pounds and to my Servant Man Joseph Rigby the sum of Ten Pounds and all my Cloaths if he shall be living with me at my decease the said several Sums to be paid to my said Servants respectively as aforesaid over and besides the wages that shall respectively be due to them at my death Also I give to my Sister Rachel Heathcote and her Assigns One Annuity or Yearly Rent Charge of thirty Pounds during her natural life to be yearly Issuing and Payable out of and from all and every or any of my Freehold Messauges Lands and Hereditaments of Inheritance by two equal Payments to be made and paid at Michaelmas and Lady Day yearly clear of all manner of Deductions and Taxes the first Payment thereof to be made and paid at such of the said days as shall next happen after my decease in in Case of Non Payment of the said Annuity I will that she shall have the like remedies for the Recovery thereof as landlords have for the Recovery of Rents by the Laws and Statutes now in force Also I Give and Bequeath unto my Cousin Mary Snow of Cawton one Annuity or Yearly Rent of Ten Pounds clear of all deductions for and during her natural life by two equal Payments in the Year on the twenty fifth day of March and twenty ninth day of September yearly the first Payment thereof to be made on such of the said days as shall happen net after my decease and in Case she shall be living at the time of the death of my said Nephew John Edensor Heathcote and of my Niece Betty otherwise Elizabeth Heathcote and that they both die without Issue then it is my Will and mind that she may and shall from thenceforth have and take and I do hereby give and devise to her the said Mary Snow the further Annuity or Yearly Rent of ten Pounds for and during the then remainder of her natural life clear of all Deductions to be paid in manner aforesaid the first payment thereof to be made on such of the said days as shall happen next after the death of the Survivor of them the said John Edensor Heathcote and Betty otherwise Elizabeth Heathcote Without Issue as aforesaid And I give and Devise all and every my Copyhold Messauges Lands Tenements and Hereditaments Whatsoever Situate within the manor of Hartington in the County of Derby and which have been by me Surrendered to the use of my Will with the Rights Members Priviliges and Appurtenances to the same belonging unto my Trusty Friend and Kinsman the said Richard Gould of Pilsbury Grange in the Parish of Hartington aforesaid Gentleman and to his Heirs In Trust nevertheless and for the Purposes hereinafter mentioned that is to say that he the said Richard Gould and his Heirs shall receive the Rents and Profits thereof and shall thereby keep all the Buildings on the Premises in good order and repair and shall pay the Overplus thereof unto my said Nephew John Edensor Heathcote and his Assigns or permit him or them to have receive and take the Rents Issues and Profits thereof during his natural life and after his decease pay unto or permit and suffer the first Son of the Body of the said John Edensor Heathcote lawfully begotten and the Heirs Male of the Body of such first son lawfully Issuing to receive and take the Rents Issues and Profits of the said Premises and for default of such Issue shall Pay unto or permit and suffer the second third fourth fifth sixth and all and every other the Son and Sons of the Body of my said Nephew John Edensor Heathcote lawfully to be begotten severally successively and in remainder one after another as they and every of them shall happen to be in Priority of Birth and Seniority of age and the several Heirs Male of the Body and Bodys of all and every such Son and Sons lawfully Issuing the Elder of such Son and Sons Issuing being always preferred before the Younger of such Son ans Sons and the Heirs Male of his and their Body and Bodys Issuing to receive and take the Rents Issues and Profits of the said Premises and for default of such Issue In Trust that he the said Richard Gould and his Heirs shall divide and pay the said Overplus of the Rents Issues and Profits of the said Premises unto and equally amongst my Kinsmen Joseph Edensor John Edensor and Abner Edensor Sons of Thomas Edensor late of Littleover in the said County of Derby Farmer deceased who was first Cousin to my late Father Richard Edensor deceased and equally to and amongst the Survivors and after the decease of two of them then to the longest liver during his life and from and after the decease of the Survivor of them the said Joseph Edensor John Edensor and Abner Edensor that then the said Richard Gould and his Heirs shall Pay unto or permit and suffer the first Son of the Body of the said Joseph Edensor lawfully begotten or to be begotten and the Heirs Male of the Body of such first So lawfully Issuing to receive and take the said Overplus of the Rents Issues and Profits of the said Premises and for want of Such Issue shall pay unto or permit and suffer the second third fourth fifth sixth and all and every other the Son and Sons of the Body of the said Joseph Edensor lawfully begotten or to be begotten as they and every of them shall be in Priority of Birth and Seniority of Age and the several Heirs Male of the Body and Bodys of all and every such Son and Sons lawfully Issuing the Elder of such Son and Sons and the Heirs Male of his and their Body and Bodys Issuing to receive and take the Rents Issues and Profits of the said Premises and for default of such Issue shall pay unto or permit and suffer the first Son of the Body of the said John Edensor lawfully begotten or to be begotten and the Heirs Male of the Body of such first Son lawfully Issuing to receive and take the said Overplus of the Rents Issues and Profits of the said Premises and for want of such Issue shall pay unto or permit and suffer the second third fourth fifth sixth and all and every other the Son and Sons of the Body of the said John Edensor lawfully begotten or to be begotten Severally Successively and in Remainder one after another as they and every of them shall be in Priority of Birth and Seniority of Age and the several Heirs Male of the Body and Bodys of all and every such son and sons lawfully Issuing the Elder of such Son and Sons and the Heirs Male of his and their Body and Bodys Issuing being always Preferred before the Younger of such Son or Sons and the Heirs Male of his and their Body or Bodys Issuing to receive and take the rents issues and Profits of the said Premises and for default of such Issue shall pay unto or permit and suffer the first Son of the Body of the said Abner Edensor lawfully begotten or to be begotten and the Heirs Male of the Body of such first Son lawfully Issuing to receive and take the said Overplus of the Rents Issues and Profits of the said Premises and for want of such Issue shall pay unto or permit and suffer the second third fourth fifth sixth and also every other the Son and Sons of the Body of the said Abner Edensor lawfully begotten or to be begotten Severally Successively and in Remainder one after another as they and every of them shall be in Priority of Birth and Seniority of Age and the several Heirs Male of the Body and Bodys of all and every such Son and Sons lawfully Issuing the Elder of such Son and Sons Issuing being always Preferred before the Younger of such Son and Sons and Heirs Male of his and their Body and Bodys Issuing to receive and take the Rents Issues and Profits of the said Premises and for default of such Issue shall pay unto my Kinsman John Edensor of Hartington aforesaid Gentleman (son of William Edensor late of Hartington aforesaid deceased) and his Assigns or permit him and them to have receive and take the Overplus of the said Rents issues and Profits of the said Premises during his natural life and after his decease Pay unto or permit and suffer the first Son of the Body of the said last named John Edensor lawfully begotten or to be begotten and the Heirs Male of the Body of such first Son lawfully Issuing to receive and take the Rents Issues and Profits of the said Premises and for want of such Issue shall pay unto or permit and suffer the second third fourth fifth sixth and all and every other the Son and Sons of the Body of the said John Edensor of Hartington lawfully begotten or to be begotten Severally Successively and in Remainder one after another as they and every of them shall be in Priority of Birth and Seniority of Age and the several Heirs Male of the Body and Bodys of all and every such Son and Sons lawfully Issuing the Elder of such Son and Sons and the Heirs Male of his and their Body and Bodys Issuing being always Preferred before the Younger of such Son and Sons and Heirs Male of his and their Body and Bodies Issuing to receive and take the Rents Issues and Profits of the said Premises and for default to receive and take the Rents Issues and Profits of the said premises and default of such Issue shall pay unto my Kinsman Thomas Edensor Brother of the said John Edensor of Hartington aforesaid and his Assigns or permit him and them to have receive and take the said Overplus of the Rents Issues and Profits of the said Premises during his natural life and after his decease Pay unto or permit and suffer the first Son of the Body of the said Thomas Edensor lawfully begotten or to be begotten and the Heirs Male of the Body of such first Son lawfully Issuing to receive and take the Rents Issues and Profits of the said Premises and for want of such Issue shall pay unto or permit and suffer the second third fourth fifth sixth and all and every other the Son and Sons of the Body of the said Thomas Edensor lawfully begotten or to be begotten Severally Successively and in Remainder one after another as they and every of them shall be in Priority of Birth and Seniority of Age and the several Heirs Male of the Body and Bodys of all and every such Son and Sons lawfully Issuing the Elder of such Son and Sons and the Heirs Male of his and their Body and Bodys Issuing being always Preferred before the Younger of such Son and Sons and Heirs Male of his and their Body and Bodys Issuing to receive and take the Rents Issues and Profits of the said Premises and for default of such Issue shall pay unto my Kinsman William Edensor (another Brother of the said John Edensor of Hartington) and his Assigns or permit him and them to have receive and take the said Overplus of the Rents Issues and Profits of the said Premises during his natural life and after his decease Pay unto or permit and suffer the first Son of the Body of the said William Edensor lawfully begotten or to be begotten and the Heirs Male of the Body of such first Son lawfully Issuing to receive and take the Rents Issues and Profits of the said Premises and for want of such Issue shall pay unto or permit and suffer the second third fourth fifth sixth and all and every other the Son and Sons of the Body of the said William Edensor lawfully begotten or to be begotten Severally Successively and in Remainder one after another as they and every of them shall be in Priority of Birth and Seniority of Age and the several Heirs Male of the Body and Bodys of all and every such Son and Sons lawfully Issuing the Elder of such Son and Sons and the Heirs Male of his and their Body and Bodys Issuing being always Preferred before the Younger of such Son and Sons and Heirs Male of his and their Body and Bodys Issuing to receive and take the Rents Issues and Profits of the said Premises and for default of such Issue then I Give and Devise all my said Copyhold Messauges Lands Tenements and Hereditaments in the said Manor of Hartington unto my own Right Heirs for ever also all mu other Messauges Farms Lands Tenements Buildings and Premises of whatsoever nature or Tenure soever and wheresoever lying and being Tythes at Etwell and Burnston in the said County of Derby and the Tythes of my own Lands and Estate at Clifton aforesaid perquisits and other Profits and Hereditaments with their and every of their Rights Members and Appurtenances (The Tythes and Modus or Prescriptive Payments in Lieu of Tythes of the several other Messuages Cottages Lands and Tenements in the Parish of Eccles aforesaid by me hereinbefore devised excepted) subject to the Annuities and Payments aforesaid I give devise and bequeath to the aforesaid Richard Rowe and William Seaman their Heirs and Assigns to for and upon the several uses Trusts Intents and Purposes hereinafter mentioned limited and declared (that is to say) to the use of the said Thomas Mills and Richard Gould their Executors Administrators and Assigns for and during and unto the full end and term of two hundred years to Commence from my decease without Impeachment of Waste upon the Trust and to and for the Ends Intents and Purposes and subject to the Proviso and Condition hereinafter mentioned conveying the same and from and after the End and Expiration or other Sooner Determination of that term or so soon as the Trusts concerning the same shall be fulfilled Then to the use and behoof of my said Nephew John Edensor Heathcote and his assigns for and during the term of his natural life without Impeachment of Waste to the use and behoof of the said Richard Rowe and William Seaman and their Heirs during the natural life of the said John Edensor Heathcote In Trust to support and preserve the Contingent uses and Estates hereinafter limited from being defeated or Destroyed and for that Purpose to make Entries and bring Actions as the Case shall require yet nevertheless to permit and suffer my said Nephew John Edensor Heathcote and his assigns during his life to receive and take the Rents Issues and Profits thereof to and for his and their own use and benefit and every other Son and Sons of my said Nephew John Edensor Heathcote lawfully begotten or to be begotten Severally Successively and in Remainder one after another as they and every of them shall be in Priority of Birth and Seniority of Age and the several several and Respective Heirs of his Body and Bodys of all and every such Son and Sons lawfully Issuing the Elder of such Son and Sons and the Heirs Male of his Body to be always Preferred and take before the Younger of such Son and Sons and the Heirs of his and their Body and Bodys lawfully issuing and for default of such Issue to the use and behoof of all and every the Daughter and Daughters of my said Nephew John Edensor Heathcote lawfully to be begotten to take as Tenants in Common and not as joint Tenants and the several and respective Heirs of the Body and Bodys of all and every such Daughter and Daughters lawfully Issuing and for default of such Issue then to use and behoof of my said Niece Betty otherwise Elizabeth Heathcote and her assigns for and during the term of her natural life without Impeachment of Waste and from and after the Determination of that Estate to the use and behoof of the said Richard Rowe and William Seaman and their Heirs during the natural life of my said Niece Betty otherwise Elizabeth Heathcote in Trust to Support and Preserve the Contingent uses and Estates hereinafter limited from being defeated or Destroyed and for that Purpose to make Entries and bring Actions as the Case shall require yet nevertheless to permit and suffer my said Niece Betty otherwise Elizabeth Heathcote and her assigns during her life to receive and take the Rents Issues and Profits thereof to and for her and their own use and Benefit and from and after her decease too the use of the first and every other Son and Sons of my said Niece Betty otherwise Elizabeth Heathcote lawfully begotten or to be begotten Severally Successively and in Remainder one after another as they and every of them shall be in Priority of Birth and Seniority of Age and the several and respective Heirs of the Body and Bodys of all and every such Son and Sons lawfully Issuing the Elder of such Son and Sons and the Heirs of his Body to be always Preferred and take before the Younger of such Son and Sons and Heirs of his and their Body and Bodys Issuing and for default of such Issue to the use and behoof of all and every the Daughter and Daughters of my said Niece Betty otherwise Elizabeth Heathcote lawfully begotten or to be begotten to take as Tenants in Common and not as joint Tenants and the several and respective Heirs of the Body and Bodys of all and every such Daughter and Daughters lawfully Issuing and for default of such Issue then as to my Manor and all my Messuages Lands Tenements Tythes and Hereditaments Perquisits and other Profits in Clifton Etwell and Burnston aforesaid To the use and behoof of the said Richard Rowe his Heirs and Assigns for ever And as to all my Messuages Tenements Lands and Hereditaments in the several Parishes of Audley Wolstanton and Sheen in the County of Stafford and of Ashton upon Mersey in the County of Chester and all other my Real Estate whatsoever and wheresoever and or what nature or Tenure soever not by me hereinbefore otherwise limited It is my Will and mind that the same may sold with all convenient speed after the death of my said Nephew John Edensor Heathcote and of my Niece Betty otherwise Elizabeth Heathcote and that the Money to be raised by such sale shall be added to my Personal Estate and be disposed of in such manner as shall hereinafter direct and appoint my Personal Estate to be applied and disposed of in Case my said Nephew John Edensor Heathcote and of my Niece Betty otherwise Elizabeth Heathcote shall both happen to die under the age of twenty one Years and without Issue Provided always and I do hereby declare that the said Term of two hundred Years so limited to them the said Thomas Mills and Richard Gould is so limited to them upon this Special Trust and Confidence that they the said Thomas Mills and Richard Gould or the Survivor of them his Executors or Administrators Do and shall by with and out of the Rents Issues and Profits of the said Messuages Lands and Premises to the so limited for that purpose or by Lease or Mortgage thereof or such part or parts thereof as they in their discretion shall think fit (in Case my Personal Estate shall not be sufficient for these purposes Levy and Raise so much Money as together with my Personal Estate shall be sufficient to pay off and discharge all my Just Debts Funeral Expences and Charges of Proving this my Will and the aforesaid Annuities Pecuniary Legacies or Sums of Money by me herein given and bequeathed Provided also that if my Personal Estate shall be sufficient to discharge the same then it is my Will and mind that the said term of two hundred Years shall cease and determine Also it is my Will and mind that all the Rest and Residue of my Personal Estate shall remain in the hands of my Executors and be applyed and disposed of by them the Survivors or Survivor of them his Executors or Administrators in the manner hereafter mentioned to wit that the same may be put and placed out at Interest in the Stocks or upon Government Securities or other Securities and that the same together with the Interest or Increase thereof may be paid unto my said Nephew John Edensor Heathcote so soon as he shall attain the Age of twenty one Years and in Case he shall happen to dye under the Age of twenty one Years leaving Issue of his Body lawfully begotten that the same shall be employed and disposed of for the benefit of the Child or Children of the said John Edensor Heathcote equally share and share alike and in case the said John Edensor Heathcote shall happen to dye under the Age of twenty one Years without Issue of his Body lawfully begotten then I will that the same may be paid unto my Niece Betty otherwise Elizabeth Heathcote so soon as she shall attain the Age of twenty one Years and in Case she shall happen to dye under the Age of twenty one Years leaving Issue of her Body lawfully begotten that the same shall be employed and disposed of for the benefit of the Child or Children of the said Betty otherwise Elizabeth Heathcote equally share and share alike and in Case the said Betty otherwise Elizabeth Heathcote shall happen to dye under the Age of twenty one Years and without Issue of her Body lawfully begotten then it is my Will and Mind that my said Executors or Administrators shall and may employ and dispose of the sum of six hundred Pounds to be taken out of the Money to be Raised by such Sale of my Messuages Lands Tythes and Premises hereby directed to be sold as aforesaid and my Personal Estate for erecting a Chapel at Clifton aforesaid and in the manner hereafter expressed and that the Overplus of the Money to be raised by such Sale and of my Personal Estate (after deducting all Costs Charges and Expences attending the Sale or Sales of the said Estates) shall and may be divided into Moietys or two equal Parts and that one Moiety or equal half Part thereof shall be distributed and paid unto and amongst the said Joseph Edensor John Edensor and Abner Edensor and their sister the said [blank, but actually Mary] Moseley Wife of the said William Moseley the said Mary Snow and the Daughter of the said Thomas Edensor deceased equally share and share alike and that the other Moiety or equal half Part of such Money shall be distributed and paid unto and among all and every the Children of all the Brothers and Sisters of my late Mother (except only the Granddaughter of my late Aunt Lydia Taylor) equally share and share alike and it is my further will that the share or shares of such Money of him or them who may happen to be dead may be paid unto and distributed equally among his her or their respective Child or Children and that the share of such of them as may happen to be dead without Issue mat be distributed amongst the rest of them the said Legatees or the Children of such of them as shall happen to be dead and it is my further Will and mind that they my said Trustees and Executors or any of them or the Survivors or Survivor of them his Executors or Administrators may (at their discretion and in case they shall think it meet and reasonable so to do) pay any or any Part or Parts of any of the Legacies by me given to any of the Legatees as may happen to be Infants under the age of twenty one Years to be by such Parent or Parents applyed or disposed of for the benefit of such Respective Infant Legatee or Legatees but I desire that none of the said Trustees and Executors may so pay the same or any Part thereof unto any such Parent or Parents unless such of the said Trustees and Executors shall be minded so to do and shall think it for the benefit of such Infant Legatee or Legatees to have the same so paid and in such Case I will that the Release Acquittance or Receipt of any such Parent or Parents shall be as Effectual discharges to my said Executors and Trustees for the Money as to be Paid as if the said Legatees had been respectively at full Age and had given Releases or discharges for their Respective Legacies or for any such Part or Parts thereof and it is my further Will and mind that my said Trustees and Executors or the Survivors or Survivor of them his Executors or Administrators may have power to put and place out in the Public Stocks or upon Government Securities or other securities according to his or their discretion all the Rents Issues and Profits of my said Messuages Tenements Lands Tythes Coal Mines Hereditaments and other Profit arising by any said Real Estate as the same shall yearly or otherwise be raised over and above the Payments f the Annuities aforesaid and such Maintenance and Education as they shall think reasonable for my said Nephew John Edensor Heathcote and that the Money So to be placed out together with the Interest and Produce thereof my be Paid unto my said Nephew John Edensor Heathcote when he shall attain his Age of twenty one Years and in Case he shall happen to die under the Age of twenty one Years leaving Issue of his Body lawfully begotten that then the same shall be employed and disposed of equally for the benefit of the Child or Children of the said John Edensor Heathcote share and share alike and in case the said John Edensor Heathcote shall happen to dye under the said age of twenty one Years and without Issue of his Body lawfully begotten then it is my Will and mind that the same may be paid and disposed of unto or for the use of my said Niece Betty otherwise Elizabeth Heathcote at her Age of twenty one Years and if she shall happen to die under the said Age leaving Issue of her Body lawfully begotten that then the same shall be employed and disposed of equally for the benefit of the Child or Children of the said Betty otherwise Elizabeth Heathcote share and share alike and in case the said Betty otherwise Elizabeth Heathcote shall happen to die under the said age of twenty one Years and without Issue of her Body lawfully begotten then I will that the same shall and may be divided into Moietys or two equal half Parts and that each Moiety or equal half Part thereof may be disposed of and applied in such manner as I have herein before directed the Overplus of my Personal Estate to be applied and disposed of provided nevertheless and I do hereby empower the said John Edensor Heathcote at any time after he shall come into and be in possession of the said Manor Messuages Lands Tenements and Hereditaments in Clifton aforesaid or any other of my said Real Estate by any Deed or Deeds Writing or Writings under his hand and seal attested by two or more Credible Witnesses to grant Settle Limit or Appoint any Part or Parts of the said Manor Messuages Lands Tenements and Hereditaments (save and except my Copyhold Lands in the Manor of Hartington aforesaid) Which I do hereby direct shall not be subject to such Power and not exceeding what may be let or worth to be let at the clear Yearly Sum of one hundred and fifty Pounds in the whole unto and in Trust for or to the use of any Woman or Women with whom he shall happen to Intermarry (either before or after such Marriage) for the life or lives af such Woman or Women for her ot their Jointure or Jointures or in any Part of Jointure any thing herein contained to the Contrary notwithstanding and I do also hereby give full power to my said Nephew John Edensor Heathcote at or before any such Marriage to charge all or any Part of my said Estate whereof he shall become seized or possessed by Virtue of any of the Limitations aforesaid (save and except my Copyhold Lands in the Manor of Hartington aforesaid) with any Sum or Sums of Money not exceeding in the whole the Sum of three thousand Pounds for the Portion or Portions of any of his Younger Sons or Daughters to be paid unto or Amongst him her or them in such shares and proportions at such times and in such manner as he shall by any his Deed or Deeds Writing or Writings under his hand and seal attested by two or more Credible Witnesses or by my last Will and Testament in Writing attested by three or more credible Witnesses direct order and appoint And it is my Will and mind that the said Trustees shall and may dispose of the said Sum of Six hundred Pounds before mentioned to betaken out of the Money to be raised by sale of the Lands and Tenements above directed to be sold upon the Contingency aforesaid and out of my Personal Estate for erecting a Chapel at Clifton aforesaid and in the manner afterwards to be expresses in the manner hereafter mentioned (that is to say) shall employ and dispose of the Sum of three hundred Pounds part of the said Sum of six hundred Pounds in erecting seating and finishing a Chapel for Divine Service in the Township or Village of Clifton aforesaid and shall employ and dispose of the further Sum of three hundred Pounds for or towards obtaining Queen Anns Bounty for the benefit or Support of a Curate or Preaching Minister of the said Chapel for the time being And I Will that the said Trustees may and shall have the Property of the seats to be prepared and made at such Chapel with Power for them the Survivors or Survivor of them his Executors Administrators or Assigns to sell and dispose thereof in such manner as he or they shall or may think fit and apply the Money to be raised by Sale thereof for or towards obtaining a further Bounty for the Benefit of the Curate or Preaching Minister of the said Chapel Provided also that if my said Trustees and Executors or any of them their or any of their Heirs Executors Administrators or Assigns shall be Obliged or think it necessary to sell or dispose of any Part of my said Real Estate that the Receipt or Receipts of any of the said Trustees shall be Sufficient Discharges for the Purchase Money to be by them respectively received And that the Purchasor or Purchasors thereof shall be Acquitted and discharges from the Purchase Money to be by them respectively paid for the same unto my said Trustees or any of them their or any of their Heirs Executors Administrators or Assigns and shall not be any further or otherwise answerable or accountable for the same or for the Misapplication or Non Application thereof and my further will is that they my said Trustees and Executors or any of them or any of their Executors or Administrators shall not be Charged or Chargeable with or Accountable for any more of the aforesaid Trust Estates Moneys and Premises than they respectively shall Actually receive or shall come to their Respective Hands by Virtue of this my Will nor with or for any loss which shall happen of the same Estates Monies and Premises or any Part thereof so as such loss happen without their Wilful Default nor any one of them for the others or other of them but each of them only for his own Acts Deeds Receipts or Disbursements and also that it shall and may be lawful for them my said Trustees and Executors and each and every of them their and each of their Executors and Administrators in the first Place by and put of the aforesaid Trust Estates Moneys and Premises to deduct and reimburse him and themselves Respectively for their trouble of and in the Trusts aforesaid and for all such loss Costs Charges and Expences as they or any of them shall Respectively Sustain expend or be put unto for or by reason of the said Several Trusts hereby in them reposed in relation to the same Estates Moneys and Premises Respectively or the Management and Execution hereof or any thing in any wise relating thereto Provided also and it is my Will and mind that neither the said Rachel Heathcote or John Edensor Heathcote nor the said Betty otherwise Elizabeth Heathcote shall respectively be intitled unto any Part of the Lands Annuity or Money by this my Will to them respectively devised or bequeathed unless they shall permit and suffer [blank] Goodwin of Buxton in the County of Derby and John Trott of Buxton aforesaid their Executors Administrators and Assigns to hold and enjoy the House and Lands to them respectively demised by Michael Heathcote of Hartington Gentleman and also the Closes called the Knowle Doles according tp the Demise or Demises thereof to them respectively made by the said Michael Heathcote and it is my further will and mind that my Executors and Trustees may employ such Person or Persons to be receiver or receivers of the Rents and Profits of the Messauges lands Coal Mines and Premises by me herein before devised and Appoint or allow unto him or them such Salary or Salarys for the trouble thereof as to my said Executors and Trustees shall seem meet Lastly I nominate and Appoint the said Thomas Mills Richard Gould Richard Rowe and William Seaman Executors of this my Will and I do revoke and make Void all former Wills by me made In Witness whereof I the said Richard Edensor the Testator have to this my last Will and Testament contained in this and the eleven Preceding Sheets of Paper set my hand and seal to wit my hand to the bottom of the said eleven Preceding Sheets and my hand and Seal to this last Sheet the third day of October in the Year of our Lord one thousand seven hundred and Seventy Seven [signed Richd. Edensor and seal] This Writing contained in this and the eleven Preceding Sheets of Paper was signed and sealed by the above named Richd. Edensor and by him Published and declared as and for his last Will and Testament in the Presence of us who have subscribed our names as Witnesses thereto in the Presence of the said Testator and of each other Richard Martin Sarah Martin Arthur Ling


I Richard Edensor of Congleton in the County of Chester Gentleman do this twenty second day of January in the Year of our Lord one thousand seven hundred and seventy three make and Publish this my Codicil to or annexed to my last Will and Testament which beareth date on or about the third day of October one thousand seven hundred and sixty seven Wherein I did give and devise all my Copyhold Estates situate and being in the Mannor of Hartington in the County of Derby with all the Rights Members and Appurtenances thereunto belonging unto my Kinsman Richard Gould of Pilsbury Grange in the said County of Derby In Trust for the use of my Nephew John Edensor Heathcote as is in my Will mentioned for and during the term of his natural life and after the Determination of that Estate to the use of the said Trustee and his Heirs during the natural life of my said Nephew John Edensor Heathcote in Trust to support and Preserve the Contingent uses and Estates therein mentioned from being defeated barred or destroyed and after his decease In Trust for the first Son of the said John Edensor Heathcote lawfully to be begotten and the Heirs male of such first Son lawfully Issuing and for default of such Issue In Trust for the second third fourth and all and every other Son and Sons of the Body of the said John Edensor Heathcote lawfully to be begotten Severally and Successively one after another as they and every of them shall be in Seniority of Age and Priority of Birth and the several and Respective Heirs Male of the Body and Bodys of all and every such Son and Sons lawfully Issuing the Elder of such Sons and the Heirs Male of his Body to be always Preferred and to take Place before the Younger of such Son and Sons and the Heirs male of his and their Body and Bodys Issuing Provided nevertheless that in Case my said Nephew John Edensor Heathcote shall happen to dye leaving no Issue male lawfully to be begotten at his death aforesaid or the said Issue Male shall dye in the lifetime of his Mother my Sister Rachel Heathcotear my said Copyhold Estates in the Mannor of Hartington aforesaid to the use and behoof of my said Sister Rachel Heathcote and her assigns and Pay the Rents Issues and Profits to her or them for and during the term of her natural life Provided also and it is my Will and mind that all my said Trustees named on my said will for the several and Respective Estates therein mentioned shall retain their full power of acting and doing in behalf of my Nephew John Edensor Heathcote until he shall come to and attain to the Age of twenty one Years in like manner as they Could While he was in his Minority any thing in my said Will in either of the said Cases or Contingencies above mentioned Contained to the Contrary thereof in any Wise notwithstanding and I do hereby Ratify and confirm my said Will and all and every the Devises and Limitations therein expressed save only such as are revoked and altered by by this my Codicil In Witness whereof I have hereunto set my hand and seal the day and year first within written [signed Rich. Edensor] [seal] signed sealed Published and declared by the said Richard Edensor as his Codicil to be annexed to his last Will and Testament in the Presence of us who at his request subscribed our names as Witnesses in the presence of the said Testator Su: Su: Kirkby, Arthur Ling. Jno. Sydebotham


Whereas I Richard Edensor of Congleton in the County of Chester Gentleman did make my last Will and Testament on or about the Third day of October one thousand seven hundred and Sixty seven and did also make a Codicil to the said Will bearing date on or about the twenty second day of January one thousand seven hundred and seventy three Now I the said Richard Edensor do hereby make and Publish this my second Codicil to my said Will and I do hereby Give and Bequeath to my said Niece Betty otherwise Elizabeth Heathcote the further Sum of five thousand Pounds to be paid her on her Marriage Provided she Marries with the Consent of my Trustees as mentioned in my said Will Also I give to my Sister in Law Dorothy Beard the Sum of twenty Guineas to buy her Mourning with at my decease and it is my Will and desire that my said Nephew John Edensor Heathcote shall change his name to Edensor after my decease and I do hereby Ratify and confirm my said Will and Codicil in all other Respects In Witness whereof I have hereunto set my hand and seal this twenty second day of November in the Year of our Lord one thousand seven hundred and Sixty three [signed Richd. Edensor] [seal] Signed sealed Published and declared by the said Richard Edensor as a Codicil to be annexed to his last Will and Testament in the Presence of us Thos. Malbon. Francis Malbon. Mary Dickenson


Whereas I Richard Edensor of Congleton in the County of Chester Gentleman have made and duly executed my last Will and Testament in Writing bearing date the third day of October which was in the Year of our Lord one thousand seven hundred and Sixty seven Now I do hereby declare this Present Writing to be as a Codicil to my said Will and direct the Same to be taken as Part thereof And I do hereby give and bequeath to my Cousin Mary Snows Child the Sum of ten Pounds and I do further give and bequeath to my Servant Joseph Rigby the further Sum of ten Pounds Provided he lives with me at my decease and whereas by my said Will I did give unto Joseph Edensor the Sum of fifty Pounds Now my Will and mind is that the said Sum of fifty Pounds shall not be Paid to the said Joseph Edensor but I do hereby direct and Appoint that my said Executors named in my said Will shall Pay the said Sum of fifty Pounds into the hands of such Person as they shall think fit for the use of the said Joseph Edensor such Person Paying him the Sum of three shillings a week and no more until the said Sum of fifty Ponds shall all be Paid to him and in Case the said Joseph Edensor shall happen to dye before the said fifty Pounds shall be Paid him in such manner as aforesaid or any Part thereof then in such Case the Remainder thereof (if any there be) I give to his Brother Abner Edensor In Witness whereof I the said Richard Edensor have to this my Codicil set my hand and seal the twenty sixth day of September in the Year of our Lord one thousand seven hundred and seventy four [signed Richd. Edensor] [seal] Signed Sealed Published and Declared by the said Testator as a Codicil to his last Will in the Presence of Edwd. Plant, Francis Armstrong. Arthur Ling

Whereas I Richard Edensor of Congleton in the County of Chester Gentleman have made my ast Will and Testament in Writing duly executed bearing date the third day of October one thousand seven hundred and Sixty seven and thereby have given and devised to Thomas Mills Richard Gould Richard Rowe and William Seaman the Sum of four thousand and five hundred Pounds the Interest of the same to be employed for the maintenance and Education of my Niece Betty otherwise Elizabeth Heathcote until she should Marry with the Consent of them my said Trustees and that at the time of such her Marriage with such Consent the said Sum of four thousand and five hundred Pounds should be Paid and Applyed unto and for the use and benefit of the said Betty otherwise Elizabeth Heathcote and in Case she should Marry without such Consent then to the intent that the said Principal Sum of four thousand and five hundred Pounds should be Settled to the use of the said Betty otherwise Elizabeth Heathcote for her life with Remainder to her Child or Children insuch shares and Proportions as my said Trustees should think meet with Remainder in Case she should leave no such Child or Children to my Nephew John Edensor Heathcote his Heirs and Assigns for ever and in Case the said Betty otherwise Elizabeth Heathcote should dye unmarried then I directed that the said Sum of four Thousand and five hundred Pounds should be Paid unto the said John Edensor Heathcote his Executors or Administrators And Whereas by another Codicil dated the twenty second day of November one thousand seven hundred and Sixty three (which is put by Mistake for one thousand seven hundred and seventy three) and Annexed to my said Will I have given and bequeathed to my said Niece Betty otherwise Elizabeth Heathcote the further Sum of five hundred Pounds to be Paid her on her Marriage Provided she Marries with the Consent of my Trustees as Mentioned in my said Will and Whereas I have Covenanted and agreed to give my said Niece a Portion upon her intended Marriage with James Bent I do therefore herby Revoke and make void the said several devises of four thousand and five hundred Pounds and five hundred Pounds in my said Will and Codicil Contained whereby the said Sums of four thousand and five hundred Pounds and five hundred Pounds I my said Will and Codicil Contained whereby the said Sums of four thousand and five hundred Pounds and five hundred Pounds are given to or In Trust for my said Niece Betty otherwise Elizabeth Heathcote and I do hereby confirm my said Will and Codicil also two other Codicils by me made in all other things to be a fourth Codicil to my said Will and to be accepted and taken as Part thereof as fully and effectually to all intents and Purposes as if the same had actually been inserted therein In Witness whereof I the said Richard Edensor have hereunto set my hand and Seal this thirty first day of January in the Year of our Lord one thousand seven hundred and seventy six [signed Richd. Edensor] [seal] This Writing was signed and sealed by the above named Richard Edensor and by him Published and declared as and for a Codicil to his last Will and Testament in the Presence of us who have hereunder Subscribed our names as Witnesses thereto in the Presence of the said Richard Edensor Saml. Robinson Francis Armstrong, Nathl. Beard


This Will was proved at London with four Codicils the thirteenth day of November in the Year of our Lord one thousand seven hundred and seventy six before Rt Worshipful Sir George Hay Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully Constituted by the Oaths of Thomas Mills Richard Gould Richard Rowe and William Seaman the Executors named in the said Will to whom Administration was granted of all and singular the Goods Chattels and Credits of the deceased having been first sworn by common duly to administer Exd