Armitstead Wills

In the Name of God, Amen, I John Armitstead of Bawtry, in the County of York, Clerk, being of sound Mind and Disposition, and desirous to settle my earthly affairs, do hereby make and publish my last Will and Testament this twenty sixth day of April in the Year of our Lord one thousand eight hundred and eleven. In the first Place, I recommend to almighty God my immortal soul, trusting entirely on his mercy for the Remission of my Sins, thro' Faith in the Merits of Jesus Xt, my Lord and Saviour. I now will and direct that all my just Debts, Legacies and Funeral Expenses, and also the Probate of this my Will shall be paid and discharged by and out of my real and personal Estates. I give and bequeath to my son Lawrence, to Mary my beloved Wife, and to James Caldwell of Linley-Hall in the County of Stafford Esq., all my personal Estate of what Nature and kind soever, or wheresoever, except such Parts thereof as I shall hereafter specify, as given or bequeathed. Upon the the Trusts, and to and for the Intents and Purposes herein after mentioned concerning the same. I give and devise to my said son, Lawrence, my said Wife Mary, and James Caldwell, Esq. And their Heirs, all my real Estates, situate, lying, or being in the Counties of Chester, York, Stafford, and Nottingham, with their and every of their rights, numbers, and appurtenances from or out of all or any of my real Estates so situate; and all other of my Messuages, Cottages, Lands, Tenements, and other Hereditaments, and real estates whatsoever, & wheresoever in that Part of the united Kingdom, called Great Britain, whether in Reversion, Remainder or Expectancy, upon the Trusts, and to and for the several Uses, Intents, and Purposes herein after mentioned, expressed and declared of and concerning the same, that is to say upon Trust, that they the said Lawrence Armitstead, my Wife Mary, and James Caldwell, Esq, and the survivors, or survivor of them and his or her Heirs shall as soon after my Death as my said Trustees or the survivors, or survivor of them, and his or her Heirs shall think proper, by sale, mortgage, or other Disposition of all my said real Estates, or a competent Part thereof, as my said Trustees or the survivors or survivor of them, and his or her Heirs shall think necessary and proper, raise Money sufficient to pay and discharge such of my Debts & Legacies herein by me given and bequeathed, and also my Funeral Expenses, and the Expenses attending the Probate of this my Will, as my personal Estate will not reach or extend to pay. I give to the said Mary, my beloved Wife, one annuity, or clear yearly Sum of three hundred Pounds to be paid at Lady Day and Michaelmas by equal Portions in every Year, over and above the Jointure and Provision settled upon Her previous to our Marriage, which Jointure was one hundred Pounds Per ann:, settled on my Estate at Middlewich and the Neighbourhood of it; which Estate, (she having joined me in levying a Fine to empower me to do it) I have since sold. I therefore hereby, including the Jointure of one hundred Pounds, Per ann, leave Her an annuity or clear yearly Sum of four hundred Pounds Per year, to be paid at the several Times before stated, during the Term of her natural Life, provided She so long continues my Widow: But, in Case She shall marry again, I hereby will, and direct, that instead of four hundred Pounds Per year as before directed, she shall only have an annuity of two hundred Pounds Per year during her natural Life paid at the Times before stated. I give to my youngest Daughter, Harriet, the Sum of five thousand Pounds, three thousand Pounds of which to be paid to Her by my Executors, their Heirs, administrators, or assigns, on her attaining the age of twenty one years, & the remaining two thousand Pounds to be paid at, or within six calendar months of the Death of my said Wife; and till she attains the age of twenty one years, I will and direct that my above named Executors, their Heirs, administrators, or assigns, allow Her one hundred Pounds Per year for Education and Maintenance. I give to my Son John the Sum of two thousand Pounds to be paid to Him on his attainment of twenty one years, and two thousand Pounds more to be paid to Him at, or within six calendar months after the Death of my [illegible word] Wife. I likewise will and direct that my above named Executors, their Heirs, Executors, administrators, or assigns, shall allow Him during the Time of his continuing at school the sum of one hundred Pounds Per year for Education and Maintenance, and, on his entering Oxford or Cambridge (which I wish him to do) I will and direct that, instead of one hundred Pounds Per year, He shall for the first four years of his Continuance there (no Regard being had, provided He should in the mean Time attain the age of twenty one years, & by that means become entitled to the aforesaid Sum of two thousand Pounds) be allowed by the Executors the Sum of two hundred Pounds Per year. The above yearly Sums, left for the Maintenance and Education of my Daughter Harriet, and my son John're to be paid at Michaelmas and Lady-Day yearly by equal Portions. and my Will and Instruction further is that the above three thousand Pounds left to my Daughter Harriet to be paid on her attaining the age of twenty one years, and the above two thousand Pounds left to my son John on his attaining that age, and the two thousand Pounds left to my Daughter Harriet to be paid within six Calendar months after the Death of my Wife, and the like Sum left to my Son John to be paid at the same Time shall immediately on their attainment of the age of twenty one years become vested Interests in them and not before. And if it shall so happen that my said Daughter Harriet, or my said son John shall die before either of their attainment of the age of twenty one years, Then I give & bequeath to the survivor of such Son or Daughter ther further Sum of one thousand Pounds to be paid at his or her attainment of that age. Provided nevertheless in Case my said Daughter Harriet shall happen to marry before she reaches the age of twenty one years, with the Consent of her Mother, should she be living, such Consent to be testified in Writing, then I direct that the said several sums of Money or Portions so above by me bequeathed to Her shall immediately thereupon become vested Interests in her my said Daughter. In which event I revoke and make void the before mentioned Bequest of one thousand Pounds to my said son John by Way of Survivorship; the Marriage of my said Daughter being to be considered the same as if she had attained the age of twenty one years. and provided also that if my said Son John shall happen to die under the age of twenty one years, having Issue, then such Issue shall stand in the Place of and represent the Parent: and I in like manner revoke the Benefit of Survivorship before given in Favor of my said Daughter Harriet. I further give and devise unto George Tollet of Betley-Hall Esq and James Caldwell Linley Hall in the County of Stafford and their Heirs all that the Perpetual advowson of the Vicarage of Sandbach in the County of Chester, together with the Perpetual Curacies of Goostry and Holmes Chapel in the same County, with all and every the Rights, Numbers, Priviledges, and appurtenances therewith respectively, or in any wise appertaining. To hold to them the said George Tollet and James Caldwell and their Heirs upon special Trust and Confidence nevertheless, that they the said George Tollet and James Caldwell or the survivor of them, or the Heirs of such survivor do and shall from Time to Time, after my Decease, upon every Vacancy which may happen of the aforesaid Vicarage and perpetual Curacies or any of them respectively, by Death, Cession, Resignation, or otherwise, until my Son John shall attain the age of twenty four years, nominate and appoint such Person and Persons, to be Vicar, Curate, or Curates of the said Vicarage and perpetual Curacies respectively, as shall be recommended to them for that Purpose by my Wife, and son Lawrence, or the Survivor of them. and when my said Son John shall have attained the age of twenty four years, and taken Priest's orders. Then upon further Trusts, that they the said George Tollet and James Linley [sic], or the survivor of them or the Heirs of such survivor, do and shall from Time to Time, as and when the said Vicarage and Perpetual Curacies shall respectively become vacant by Death, Cession, Resignation, or otherwise, nominate and appoint Him my said Son John to the Vicarage and Perpetual Curacies respectively. and when He, my said Son John shall have been so nominated and appointed thereto respectively as aforesaid, it is my Will and Mind that He shall have full Power, and authority, at all Times during his natural Life, upon every Vacancy to nominate and appoint such Person and Persons to the said Vicarage and Perpetual Curacies or any of them respectively as He shall think proper, and have the sole Power of appointment thereto respectively during the Term of his natural Life. and in case my said Son John shall depart this Life having Issue Male or Female, who shall have then attained the age of twenty one years. Then upon further Trust that they the said George Tollet and James Caldwell or the survivor of them, or the Heirs of such survivor, shall and do from Time to Time after his Decease, upon every Vacancy, nominate and appoint such Person and Persons to the aforesaid Vicarage and perpetual Curacies respectively as He my said Son John shall by his last Will and Testament in Writing or any other Writing under his Hand direct and appoint. and in Case my said Son John shall depart this Life having Issue Male, or Female, under the age of twenty one years; then it is my Will and Mind, that the said George Tollet and James Caldwell or the survivor of them or the Heirs of such survivor shall and do, on every Vacancy which may happen of the aforesaid Vicarage and perpetual Curacies respectively, during the Minority of such Issue or any of them, nominate and appoint any Person or Persons thereto, and in such manner, as they shall think most advantageous and beneficial to such Issue or Children. and in Case my said Son John shall depart this Life and not leave Issue Male or Female, who shall live to attain the age of twenty one years. Then and in such Event, but not otherwise, I give and devise the Perpetual advowson of the Vicarage of Sandbach, and Perpetual Curacies of Goostry and Holmes Chapel aforesaid with their and every their Rights, Numbers, Priviledges, and appurtenances unto my son Lawrence Armitstead, his Heirs, and assigns for [illegible word] Provided always nevertheless, and it is my Will and Mind, and I do hereby order and direct, that if my said Son John shall have Issue whether Male or Female, which shall attain the age of twenty one years his Life Time, Then and in such Case I do hereby authorize and empower them, the said George Tollet, James Caldwell, or the survivor of these or the Heirs of such survivor, should they think it proper, with the Consent of my said son John testified by Writing under his Hand, to sell, convey, and absolutely dispose of the advowson of the Vicarage, and perpetual Curacies aforesaid, and apply the money which may arise, & be produced by and from such sale to and for the Benefit of the Children of my said Son John, in such Proportion, Manner and Form as He my said Son John by any Writing under his Hand direct or appoint.- and in Default of such Direction or appointment by my said Son John, to pay the said monies unto and amongst all and every his Children, so having attained the age of twenty one years if more than one in equal Shares and Proportions, and if but one, then the whole thereof unto such only Child.- I now give and bequeath to my three Daughters, Anastasia, Catherine and Alice the Sum of one thousand Pounds each, to become vested Interests in them and their Heirs on the attainment of the age of twenty one years, but not to be paid until my son John shall attain the age of twenty one years, and in Case of his Death before He attains that age, then to be paid at such Times as if living he would have attained the said age of twenty one years. I leave the above Sums to my said three Daughters in Lieu of the Portions provided for them by the Settlement made in Consideration of my Marriage with my late Wife, with Benefit of Survivorship in Case my Daughters, Catherine or Alice (my Daughter Anastasia having now attained the age of twenty one years) shall die before they attain the age of twenty one years or Marriage. And I do hereby charge all my real Estates with the Payment thereof of the said Sum of three thousand Pounds and whereas I have as above given to my three oldest Daughters by my late Wife the Sum of one thousand Pounds each, and taking into Consideration the unfortunate state of mind of Maria, my youngest Daughter by my said late Wife, I do think it more advisable to secure to Her an annuity of one hundred Pounds Per ann than to bequeath to Her a like Legacy with her sisters.- Now therefore I do hereby give, devise, and bequeath unto my said Daughter, Maria, for and during the Term of her natural Life an annuity, or clear yearly lent [sic?] Charge of one hundred Pounds of lawful English money to be chargeable upon and issuing out of all and every my real Estates, to be paid to her Guardians hereinafter named, on her account, as and for her Comfort and Maintenance, by two half yearly Payments in each and every year by even and equal Portions, -the first of such Payments to commence and be made at the End of six Calendar months next after my Decease.- and I do hereby give unto my herein after named Guardians of my Daughter Maria, on account of and in Behalf of her, the usual Power of Entry and Distress upon my said real Estates, in Case of Non Payment or Default of regular Payment of the said annuity at the Times and in the manner aforesaid. I do hereby nominate and appoint my Wife and Daughter Anastasia, Guardians, of my said Daughter Maria, in whom I place implicit Confidence, not doubting but they will do every thing in their Power for her Comfort and Happiness:- But in Case my said Wife, or Daughter Anastasia, shall happen to die during the Life Time of my said Daughter Maria, or should one or both of them wish to give up their Trust.- Then and in such Case I nominate my Son Lawrence as Guardian, in the Place of my Wife or Daughter so dying or wishing to give up her Trust,- and should they both happen to die during the Life Time of my said Daughter Maria, or wish to give up their Trust:-Then in such Case, should He be living, I nominate and appoint my said Son Lawrence her sole Guardian. I further give and bequeath to my said Wife the Sum of two hundred Pounds to be paid to Her immediately after my Decease to and for her sole use and Disposal.- and I do also give to Her the Use and Enjoyment of all my household Goods and Furniture, Plate, Linen, China, and Books, for and during the Term of her natural Life, in Case She so long continues my Widow;- and from and immediately after her Decease or second marriage, which may first happen- Then I give and bequeath all my said Household Goods & Furniture, Plate, Linen, China, and Books, to and amongst all my children who may be them living, share and share alike:- and should any of my Children be then dead and have left Issue;- such Issue to take the Share of the deceased Parent.- I also give to my said Wife all my live and dead stock, together with all kinds of Grain, Hay, all kinds of Provisions, Wine and Liquors, that shall be in and about my dwelling House at the Time of my Decease.- I give to my Son Lawrence all my Houses, employed at my Farm, together with my Cows, [Sh?]eep, Waggons, Carts, Ploughs, Harrows and all other Farming Utensils used at and about the Austerfield [?] Farm, together with all Crops growing thereon.- I give to my mother the clear yearly sum of one hundred Pounds, in Lieu of the Dower from my Estates at Studfield and Arka, to be paid on the twelfth Day of May and sixth Day of November yearly by even and equal Portions,- the first Payment thereof to be made on such of the said Days as may first happen from and after my Decease.- I give to my Sister Bella one hundred Pounds to be paid immediately after my mother's Decease, which Legacy of one hundred Pounds I declare to be in Satisfaction and Discharge of my promisory Note given to Her payable at my said mother's Decease.- I give to my two Brothers Thomas and Edmund Armitstead fifty Pounds each to be paid in six months after my said mother's Decease.- I likewise give to a little Girl near Malpas in Cheshire now in the care of one Luck two Shillings Per Week till she attains the age of fifteen years;- I then give her the further Sum of ten Pounds towards her Maintenance in Life.- My further Will is, that my Trustees for the advowson of Sandbach & the Perpetual Curacies of Goostey and Holmes Chapel shall, provided I do not live till the Expiration of it myself, require from the Persons intended to be presented to the Curacy of Goostrey on my Decease, a Promise to confirm and satisfy (provided He no longer lives) to the present Tenant the Lease of the Estate at Timperley, on the same Terms and Conditions as granted by me, for the Term of eleven years from the Date thereof. I further will and direct, that if any Part of my real Estates shall remain unsold, or undisposed of for the Purposes aforesaid (which I apprehend will be the Case) that the same shall remain and continue vested in my said Trustees and their Heirs, To the use and Benefit to my said Son, Lawrence Armitstead and his Heirs.- I likewise give and bequeath to my said Son, Lawrence all the Residue of my personal Estate not herein specifically disposed of.- and whereas the late Mrs Tollet of Betley Hall some years ago gave to my Daughter Catherine, Alice and Maria their several Sums of one hundred Pounds each, which I acknowledge to have now in my Hands, and have agreed to pay or allow to them for the said several Sums after the Rate of four Pounds Per Cent. Per ann. For the same till the said principal Sums shall be paid.- and further, Whereas an allowance having been made to me, according to a Decree in the Court of Chancery, of seventy Pounds Per ann. For the maintenance and Education of my Daughter Anastasia, and only fifty Pounds each for my other two Daughters Catherine and Alice; In consequence of which the Property in the Funds belonging to my Daughters Catherine and Alice will be considerably more, on their attainment of the age of twenty one years, than their oldest sister's.- I therefore hereby further give to my said Daugher Anastasia in order to make her equal with her other Sisters, the Sum of five hundred Pounds, to be paid to Her by my aforesaid Executors at the Time my Daughter Catherine shall attain the age of twenty one years.- I appoint my Wife Guardian of my Daughter Harriet, and my Son John, untill their several attainments of the age of twenty one years, in Case She shall so long continue my Widow: But, if my said Wife should happen to die, or marry again, before my said Daughter Harriet and Son John shall attain the age of twenty one years.- Then, and in such Case I do appoint my Son Lawrence, and James Caldwell Esq. Guardians of my said Daughter Harriet, & Son John till their respective attainments of the age of twenty one years.- I leave to my Servant Ellen Lowe, Wife of my servant Richd. Lowe, the Sum of fifty Pounds;- and to every servant I may I may [sic] have living with me at the Time of my Death the Sum of five Guineas each to buy Mourning:-The above Legacy to Ellen Lowe to be paid within six Calendar months after my Decease.- I do will and direct that the Receipt or Receipts of my said Trustees, or the survivors, or survivor of them, shall be a sufficient Discharge or Discharges to all and every, or any of the Purchasers or Purchaser of all, or any Part of my said real Estates, which may be sold by them, as Trustees, for that Purpose under this my Will; and that such Purchasers or Purchaser shall not be answerable or accountable for the mis-application or non-application of such Purchase-money or any Part thereof. and that my said Trustees shall not be answerable or accountable for any Losses that may happen in the Execution of all or any of the Trusts aforesaid, unless such Losses shall happen by their or any of their wilful Neglect or Default;- and that they shall not be answerable or accountable one for the other, or for the acts, Deeds or Defaults the one for the other, but each of them for his or her own acts, Deeds, & Defaults only, and that they shall and may retain and deduct out of the money which shall come to their or any of their Hands by Virtue of all or any of the Trusts aforesaid all such Costs, Charges, Damages and Expenses as they or any of them shall or may Pay, bear sustain or be put unto in, about, or concerning the same.- and lastly, I do hereby revoke all former Wills by me at any Time heretofore made, and do publish and declare this to be as and for my last Will and Testament and thereof do name and appoint the said Mary my Wife, Lawrence my Son, and James Caldwell Esq Executors.- In Witness whereof I have hereunto set my Hand and Seal the said twenty sixth Day of april in the year of our Lord one thousand eight hundred and eleven,

Signed sealed, published and declared by the said John Armitstead the Testator as and for his last Will and Testament, being contained in this and the eight-first whereof He hath set his Hand, and this last Sheet his Hand and Seal, in the sight and Presence of us, who have subscribed our Names as Witnesses, in the sight and Presence of the said Testator, and of each other.-

George Styring
Thos. Barber
Jno: Baines

J. Armitstead [his seal]

In the above named John Armitstead, do, by this present Writing, which I declare to be a Codicil to my last Will and Testament and direct to be taken as part thereof; Revoke and make void the appointment contained in my said Will, of the said James Caldwell, as one of the Executors thereof. And in lieu and stead thereof, do hereby nominate and appoint Marmaduke Thomas Prickett of the Town of Kingston upon Hull Esquire (who hath lately intermarried with my Daughter Anastasia) to be a Trustee and Executor of my said Will jointly with my said Wife Mary and Son Lawrence. And I do hereby give unto the said Marmaduke Thomas Prickett all and every such and the like Powers and Authorities as a Trustee and Executor of and under my said last Will and Testament as are therein and thereby given to the said James Caldwell, All the rest and residue of my said Will not hereby varied or altered I do hereby ratify and Confirm In Witness whereof I have herewith set my Hand and Seal this Twenty seventh day of October in the year of our Lord, One thousand eight hundred and Thirteen.-

Michl: Venables [sic?] of Liverpool Merchant
Jno: Baines
John Whaley

J. Armitstead [his seal]