Source
Source for: David HATHORNTHWAITE, ABT DEC 1756 -
Index
Name source: S69Burial source: S3Page: gs film 1656815, ref 159, index 103460-5
Will source: S80Page: File ref: R 163a/21
Text: will proven 20 Oct 1834
Will source: S75Page: DDX 382/16; Will of David Hathornthwaite of Forton Moor Head, gent.
Text: Refers, inter alia, to sisters Mary, Esther and Betty; properties in Fo rton called Raingills and Winders; nephew Alexander Whitehead of Forton , gent; niece Jennett wife of James Whinray of Bourne Hall near Preesal l; property in Ellel called the Cragg; nephew John Whitehead of Liverpo ol, draper & mercer; niece Ellen wife of William Noar of Manchester; ne phew John Hathornthwaite Winder of Sheffield, traveller for Messrs. New bould, and his sister Ellen Mary Ann Winder; 7 cottages in Hollins Lane , Forton; nephew Thomas Winder of Liverpool,merchant.
Will source: S70Text:
Will of David of Forton Moor Head 1834
Transcribedby PKH 2 Jan 2012 from a photocopy of the original ki ndly supplied by DerekHawthornthwaite
I David Hathornthwaite of Forton Moor Head in the Township of Forto n in the County of Lancaster Gentleman do make publish and declare this t o be my last Will and testament in manner and form following that is to s ay It is my will and I direct all my just debts funeral and testamenta ry Expenses to be paid and discharged by my Executors hereinafter named a nd with the payment thereof and also of the legacy or Sum of one hundre d pounds to each of my Sisters Mary Esther and Betty I charge both my r eal and personal Estate. I give and devise all my part share right an d interest of and in the Limekilns and the dwelling house and other bui ldings and the Land Yard and Conveniences with all the appurtenances th ereto belonging situate and being on the east side of and adjoining or l ying near to the Lancaster Canal Navigation in the said Township of For ton and in which I am jointly interested with my Nephew Alexander White head of Forton aforesaid Gentleman unto and to the use of my said Nephe w Alexander Whitehead his heirs and assigns for ever absolutely subject n evertheless to the payment of any rent or rents due and owing to the La ncaster Canal Company for the same – I give and devise All that my Mess uage tenement and farm situate and being in the Township of Forton afor esaid called or commonly known by the name of Winders and the dwelling h ouse and other buildings orchard Garden and the closes or parcels of la nd thereto belonging containing by admeasurement twenty acres of the cu stomary measure of seven yards to the rod or thereabouts be the same mo re or less and all the appurtenances thereto belonging and now in the p ossession of Thomas Pedder and Richard Myerscough my tenants And all t hat and those farm and lands situate in the said Township of Forton cal led Raingills containing by admeasurement eight acres and a half custom ary measure or thereabouts and all appurtenences now in my own possessi on and also all that messuage and dwelling house with the Barn Shippen S table and appurtenences which I lately purchased of Robert Gillow Esqui re of the Township of Forton aforesaid in the possession of [blank] unt o my said Nephew Alexander Whitehead his heirs and assigns To hold the s ame unto and to the use of my said nephew Alexander Whitehead his heirs a nd assigns for ever Subject nevertheless and I do charge and make liabl e the same Messuage farms and Lands or Estates called Winders and Raing ills to the payment of the sum of four hundred pounds And it is my wil l and mind that the Interest of the said sum of four hundred pounds at a nd after the rate of four pounds and ten shillings per cent shall be pa id unto my Niece Jennett Whinray the wife of James Whinray of Bourne Ha ll near Rossall in the County of Lancaster for and during her natural l ife independent of the debts or Control of her said husband and her rec eipts to be sufficient discharges for the same and I direct that the sa me shall be paid half yearly And from and after the decease of the sai d Jennett Whinray I give the said principal Sum of four hundred pounds u nto and equally between all and every the children of the said Jennet W hinray, lawfuly begotten – or to be begotten – if more than one in equa l shares and proportions to be paid when and as they shall respectively A ttain their ages of twenty one years the interest in the meantime, afte r the rate aforesaid, to be paid and applied towards their support main tenance and Education And I hereby expressly charge the said Messuage s Estates and Lands with the payment of the said principal Sum and inte rest after the rate aforesaid and in manner aforesaid. –
I give and devise all that my messuage tenement and farm si tuate lying and being in the Township of Ellel in the said County of La ncaster called and commonly known by the name of the Cragg and the dwel ling house and other Buildings orchard garden and the several closes in closures and parcels of Land thereto belonging containing in the whole b y admeasurement forty nine acres customary measure or thereabouts more o r less now in the possession of Thomas Kitchen my tenant and all rights a nd appurtenances thereto belonging unto and to the Use of my Nephew Joh n Whitehead of Liverpool in the said County of Lancaster Mercer & Drape r his heirs and assigns – To hold the same unto & to the use of my said n ephew John Whitehead his heirs and assigns for ever Subject nevertheles s and I do charge and make liable the same Messuage tenement and farm c alled the Cragg to the payment of the Sum of four hundred pounds And it i s my Will and Mind that Interest on the said Sum of four hundred pounds – a t and after the rate of four pounds and ten shillings per centum p annu m shall be paid unto my Niece Ellen Noar the wife of William Noar of Ma nchester in the said County of Lancaster for and during her natural lif e independent of the debts and control of her present or any future hus band and her receipts alone to be sufficient discharges for the same an d I direct that the same shall be paid half yearly And from and after t he decease of the said Ellen Noar I give the said principal sum of fou r hundred pounds unto and equally between all and every the children of t he said Ellen Noar lawfully begotten or to be begotten if more than one i n equal shares and proportions to be paid when and as they shall respec tively attain their ages of twenty one years the Interest in the meanti me, after the rate aforesaid, to be paid and applied towards their supp ort maintenance and Education And I hereby expressly charge the said m essuage tenement and farm called the Cragg with the payment of the said p rincipal Sum and Interest after rate and in manner aforesaid - I give a nd devise all that my Messuage tenement and farm called Forton Moor Hea d situate and being in the Township of Forton aforesaid in the said Cou nty of Lancaster and the barns Stables shippens and other Buildings orc hards gardens and the several Closes or parcels of land thereto belongi ng containing in the whole by admeasurement twenty six acres customary m easure, more or less, and now in my own possession and all rights privi leges and appurtenances thereto belonging and all those two closes in F orton aforesaid called the Mosses containing two acres unto my Nephew J ohn Hathornthwaite Winder now of Sheffield in the County of Yorkshire a nd now a Traveller in the House of Messieurs Newbold and Company of She ffield aforesaid his heirs and assigns To hold the same with their and e very of their appurtenances unto and to the use of my said Nephew John H athornthwaite Winder his heirs and assigns for ever – Subject neverthel ess and I do charge and make liable the same Messuage tenement and farm c alled Forton Moor Head to the payment of the sum of four hundred pounds – A nd it is my Will and Mind that Interest on the said sum of four hundre d pounds at and after the rate of four pounds and ten shillings per cen tum per annum shall be paid unto my niece Ellen Mary Ann Winder the sis ter of the said John Hathornthwaite Winder for and during her natural l ife independent of the debts or Control of any husband with whom she ma y intermarry and her receipts alone whether covert or sole to be suffic ient discharges for the same and I direct that the same shall be paid h alf yearly And from and after the decease of the said Ellen Mary Ann W inder I give the said principal sum of four hundred pounds to all and e very the children of the said Ellen Mary Ann Winder in such shares and p roportions as she may by deed will or other Instruments in writing appo int and in default of appointment I give the same sum of four hundred p ounds to and equally between her Children if more than one to be paid w hen they respectively attain their ages of twenty one years and in the m eantime the interest, after the rate aforesaid, to be applied towards t heir Maintenance Education and Support – And in Case the said Ellen Mar y Ann Winder should die without issue then I give and bequeath the said s um of four hundred pounds to such person or persons as she my said Niec e Ellen Mary Ann Winder, notwithstanding her Coverture and whether she b e covertor sole, shall by deed will or any other Instrument direct or a ppoint give or bequeath the same – I give and devise all those my seven C ottages or dwelling houses with the small gardens attached thereto situ ate and being in Hollins Lane in the Township of Forton aforesaid with t he appurtenances now in the possession of Richard Wilson, Sarah Brade W illiamson, Robert Fisher, Alice Lamb, Joseph Snel and other my tenants u nto and to the sole and only proper use and behoof of the said Sarah Br ade Williamson for life and after her decease to any issue she may have i n fee if more than one as tenants in common and in default of lawful Is sue of the Body of the said Sarah Brade Williamson I give and devise th e said seven Cottages or dwelling houses unto my Nephew Thomas Winder o f Liverpool aforesaid Merchant his heirs and assigns: To hold the sam e with the appurtenances unto& to the use of my said Nephew Thomas Wind er his heirs and assigns for ever Subject nevertheless to the payment w eekly and every week unto Elizabeth Williamson the Mother of the said S arah Brade Williamson of the sum of five shillings for and during her l ife to be paid into her own hands and her Receipt alone to be a good di scharge for the same whether married or unmarried - I give and bequea th unto my said Nephew Thomas Winder his Executors administrators and a ssigns All my ready Money, Debts, Stocks, Bonds, Bills, Notes and othe r Securities for Money And all my horses cows pigs sheep and other Cat tle Corn hay straw and farming stock carts wheels ploughs husbandry gee r and utensils and all my household goods and furniture ( except so muc h as will sufficiently and comfortably furnish a small cottage, to be d etermined upon by my Executors hereinafter named, which said Furniture h erein excepted I intend and direct shall be used and enjoyed by my thre e sisters Mary Betty and Esther for and during their joint lives and th e life of the survivor of them and on the decease of the survivor of th em I give the same to my said Nephew Thomas Winder) or implements of ho usekeeping bed and table linen plate china and books prints and picture s and all the rest residue and remainder of my personal Estate goods an d Effects whatsoever and wheresoever and of what nature kind or quality s oever (except as aforesaid) To hold the same unto the said Nephew the s aid Thomas Winder his Executors administrators and assigns for ever A nd my Will and Mind is and I do hereby direct that in Case my said pers onal Estate so given and bequeathed to my said Nephew Thomas Winder sha ll not amount in Value to the sum of one thousand and five hundred poun ds then I do hereby charge all my Real Estates herein before devised to t he said Alexander Whitehead John Whitejead and John Hathornthwaite Wind er with the deficiency in equal shares and proportions And my will f urther is and I do hereby charge and make liable my said Estate hereby d evised to the said Alexander Whitehead John Whitehead and John Hathornt hwaite Winder,in addition to the sums already charged thereon, to the p ayment of the sum of eight hundred pounds which I owe to my said two si sters Mary and Esther namely four hundred pounds to each of them and I d irect that one third of the said sum of eight hundred pounds shall be c harged on the property devised to my Nephew Alexander Whitehead, one th ird thereof on the property devised to my Nephew John Whitehead and the o ther and remaining third of the said sum of Eight hundred pounds shall b e charged on the property of my said Nephew John Hathornthwaite Winder a nd also with a like proportion of Interest on the sum of Eight hundred p ounds until paid, after the rate of four pounds and ten shillings per c entum per annum - I hereby appoint the said Alexander Whitehead, John W hitehead, John Hathornthwaite Winder and Thomas Winder my four Nephews E xecutors of this my Will and I hereby revoke all former Wills by me at a ny time heretofore made and declare this to be my last will and testame nt In witness whereof I have to this my last will and testament conta ined on this and the seven preceding sheets of paper set my hand and se al that is to say my hand to the seven first sheets hereof and my hand a nd seal to this the eighth and last sheet hereof the sixteenth day of J une in the year one thousand eight hundred and thirty four
David Hathornthwaite
Signed sealed published and declared by the said
Testator David Hathornthwaite as and for his last will
and testament in the presence of us who in his presence at his request
and in the presence of each other have hereunto set our names
as witnesses - Thos: Wilson Solicitor Lancaster
Wm. Bell Surgeon Garstang
John Butterworth Lancaster