AMBROSE WALTON LAST WILL AND TESTAMENT

Post by **Stanley** » 22 Apr 2012, 07:29

I have a death certificate for Ambrose of 1851.
This is the last will and testament of:

AMBROSE WALTON
of Manchester in the County of Lancaster.
extracted from the public Episcopal registry of Chester.

Cotton Spinner, Manufacturer and Commission Agent,

Whereas I am at present carrying on the above trades and businesses in co-partnership with my two brothers in law JAMES ROBERTS & WILLIAM ROBERTS both of HABERGHAM EAVES near BURNLEY in the said County of Lancaster and as such am possessed of or entitled to retain shares or proportions of and in certain mills, rebifires and other buildings and also to retain machinery, stock in trade and other partnership property goods monies and chattels and effects at Manchester HABERGHAM EAVES and ROUGH LEE respectively in the said County of LANCASTER, and which partnership property forms a considerable portion of my effects, now I hereby WILL and dispose of the same and all or any other real and personal estate and effects and of which I may be seized interested and entitled either solely or jointly with any other persons whom so-ever and whatever I may be so seized and entitled thereto for my own use and benefit absolutely or as a trustee or for the use and benefit of any other person or persons in manner and form following. And first I give and divide all estates real and person of which I am seized or possessed as mortgagee or trustee unto and for the use of the said WILLIAM ROBERTS and JOHN MORRIS of BROWN HILL in BURNLEY aforesaid gentlemen their heirs executors administrators and assigns respectively subject to their expiry and trusts affirming the same respectively and so far as I am financially interested as mortgagee to be disposed of as part of my personal estate for the purposes of this my WILL I give unto my wife MARIA WALTON absolutely for her own use all ,the wines, liquors and household provisions which shall be in the dwelling house I inhabit at the time of my decease, I also give unto my said wife a legacy or sum of £200 to be paid to her for her own absolute use within one week of my decease. And I further will and direct that my said wife shall have the use of all and singular my household goods & furniture, plate, linen and china for and during the rest of her natural life, and I hereby direct that the said WILLIAM ROBERTS and JOHN MORRIS or the trustees or trustee for that time being of this my will shall make a full and perfect inventory of my said household goods and furniture, plate linen and china which shall be signed by my said wife and kept by my said trustees and as to all and singular the mills, buildings, lands, tenement, and parts and shares thereof and partnerships, monies, goods, chattels and effects, and all and singular other freehold, copyhold, leasehold and other real and personal estates and effects and effects of which I am now seized and possessed or of which I may be seized or and possessed interested and entitled unto and whosoever situate living and being and of whatever consisting and whoever in possession, reversion Remainder or expectancy I give denial and bequeath the same and every part and parcel thereof with all and every The rights and privileges and appointments thereto belonging or in anywise appertaining respectively unto the said WILLIAM ROBERTS and JOHN MORRIS there heirs executors, administrators and assigned respectively to hold the same with their respective ……unto the said WILLIAM ROBERTS and JOHN MORRIS their executors administrators and assigns respectively forever or absolutely according to the respective ….and ……thereof ….for such estate loan or interest as I now have or may have therein at the period of my decease, subject nevertheless To the payment of my just debts, funeral and testamentary Expenses and the said legacy or sum of £200 to my said wife and a full and final settlement of my said partnership affairs and various transactions and so subject upon Trust that they the said WILLIAM ROBERTS and JOHN MORRIS their heirs executors and administrators respectively do and shall with all reasonable speed after my decease get in and collect and recover all monies due to me out and owing. And also dispose of all my real and personal, (save and except my said household goods and furniture during the life of my said wife and so devised and bequeathed to…….as aforesaid and which shall be of a saleable and convertible nature and not consisting of money and either in one lot or in parcels or several lots and either by public sale or private contract and for such price as my said trustees or trustee for the time being of this my will shall…..fit and make execute and forfeit all necessary and proper deeds, writings, surrenders and assurers, assignments and transfers thereof for vesting the same or any part thereof in the respective purchaser or purchasers thereof, and I do hereby declare that my said real and personal estate and effects or any part thereof, when so sold conveyed and disposed of, shall be…….discharged from all and every of the trusts powers and provisions of this my will which can or may effect the same and I do hereby further will and direct that the said WILLIAM ROBERTS and JOHN MORRIS their executors and administrators or other……trustees…….for the time being of this my will shall stand possessed of and …… in all and similar…… The monies to……and be received from the sale and conversion and receipt as aforesaid of my said real and personal estate and also of my said…….and personal estate until such sale conversion And receipt thereof as aforesaid upon trust as to one fourth part thereof to pay and apply the rents, interest dividends and other annual proceeds of such, one fourth part into the proper hands of my said wife for her own use and benefit during her natural life and from and ………after the decease of my said wife then I will and direct that the trustee or trustees for the time being of this my will shall stand seized and possessed of one fourth part and all unapplied rents issues, dividends and annual produce thereof as part and parcel of the general residue of my paid real and personal estate and effects into which the said one fourth part shall suit and become a component part and as to one the other fourth part of my said real and personal estate and……general residue thereof when and as it shall accrue in trust for my son JOHN WILLIAM WALTON for and during the term of his natural life save nevertheless as to one third part of his share which I will and order to be paid to him as hereinafter mentioned. And as to one other fourth part of my said real and personal estate and the general residue thereof when and as it shall accrue in trust for my daughter SARAH JANE WALTON for and during the term of her natural life (save nevertheless as to one third part of her share which I will and order to be paid to her as hereinafter mentioned. And as to the remaining one fourth part of my said real and personal estate and the general residue thereof when and as it shall accrue in trust for my daughter ANN WALTON for and during the term of her natural life save nevertheless as to one third part of her share which I will and order to be paid to her as hereinafter mentioned. Provision nevertheless and I do hereby will and declare that where and as my said SON and DAUGHTERS shall respectively Attain the age or respective ages of twenty one years the trustees or trustee for the time being of this my will shall assign, transfer and pay unto my said SON and DAUGHTERS respectively, one third part of his or her respective original share of and in my said, real and personal estate for his, her or their full and absolute … and benefit respectively anything herein contained to the contrary not withstanding and I further will and declare that from and …after the decease of my said SON and DAUGHTERS or any of them my said trustees or the trustee for the time being of this my will shall stand seized and possessed of the share and interest or respective shares and interests of my said SON and DAUGHTERS respectively of and in my said real and personal estate and chattels original or accruing …… and as they shall respectively depart this life in trust for and to be assigned paid and transferred unto and amongst all and every or unto anyone or more of the respective child or children of each of them my said SON and DAUGHTERS so dying respectively, lawfully, begotten at such time or times and if more than one in such part shares and proportions and with…and subject to such conditions, restrictions and limitations as my said son and daughters or daughter so respectively departing this life and not withstanding the reverture of my said daughter or either of them shall by any deed or deeds or other writing with or without power of revertion and new appointment to be sealed and delivered by my said son and daughters so dying respectively in the …. …. Of and to be attested by two or more possible witnesses or by their several and respective last wills and testaments in writing or any codicil or codicils thereto respectively shall respectively direct or appoint that is so far as respects their several and respective shares only. And in default of any such direction or appointment of, and by my said son and daughters so respectively dying as aforesaid and subject to any such which shall be made … upon trust to pay … and transfer the shares of either of my said son and daughters so dying as … accruing as original unto between and amongst all and every the respective children of my said son and daughters so dying…..respectively who shall not make such direction or appointment if there shall be more than one such child’s share and share alike as tenants in common and their respective heirs executors administrators and assigns and if there shall be but one such child of my said son and daughters so dying respectively then to such one or only child and to his, her and their heirs executors administrators and assigns whom and as he or she shall obtain the age of twenty one years and I hereby will and declare that all and each of the children shall have and be entitled to the benefit of assets and survivorship and to full and equal shares of and in the general residue of my said real and personal estate**

Codicil in margin**As if I had devised and bequeathed the trust for them respectively by separate and undivided trusts and divisions provided also and I so hereby expressly will and declare that if all and every the respective child and children of my said son and daughters respectively shall depart this life before they respectively attain their … ages of 21 years as aforesaid and without leaving lawful issue … I hereby will and declare that the share of shares as …accruing as originally of my said son and daughters or any of them and their respective … do dying shall … unto and … a … part of the … of my real and personal estate and the … upon the said trusts and for the like purposes as by this my will … with reference to the general … of my son’s real and personal estate.

and property and the shares thereof shall accrue to any of my said children and respective issue shall go and be upon that same of the like …. And qualities of …. and my said children shall have and take the like and the same interest in such … several and respective original shares of my real and personal estate or the monies to assist there from as aforesaid and the same shall be held in trust for or vested in and payable assignable, or transferable to them or their respective child or children accordingly, save that my said son and daughters shall duly have paid or transferred to them on their attaining their respective age or ages of twenty one years one third part of their original share and not one third part of any accruing shares and I so further will and direct that monies …. …. of my said daughters revert and profits of their respective shares as aforesaid whether original or accruing shall be for their respective …. and separate …. and brought …. of and …from the debts, engagements ….and….of their respective husbands or husband and I so hereby further will and direct that my said wife and children shall have no power to delineate or dispose of their or any of their respective shares or interests in the trust of monies, estates and effects devised and bequeathed by this my will to or in trust for them respectively by anticipation and that the same shall be paid into their respective proper hands or to such person or persons as they from time to time as often as the same shall arise by writing under their respective hands respectively shall direct and for which not withstanding the respective …of my said wife and daughters the script of my said wife and children shall by good and absolute is charged and I so hereby declare that the provision hereby made for my said wife is intended to be in….. …..and full satisfaction of and for all dower and third at common law custom or otherwise which she my said wife can have or make claim to be entitled in or out of al or any of the ……..mills, lands………and premises or other property whatsoever, where of I now am or shall or maybe at my decease or at any time afterwards be ceased, possessed of or entitled to for any estate inheritance in possession or for any other dowerable estate or interest. Provided also of my will and mind is further is that if there be no child of any of my said children living at the death of the survivor of my said children or being sure every of them shall depart this life under the age of twenty one years without leaving lawful issue the I do hereby will and direct that the said WILLIAM ROBERTS and JOHN ROBERTS or other trustees or trustee for the time being of this my will and their heirs executors, administrators or assigns shall stand ceased and be possessed as well of such part of my real estate as shall not have been sold or disposed of as also of the monies which shall have been procured or have arisen by the sale or sales of such parts thereof as shall have been so sold and disposed of and all other the general residue of my sail real and personal estate and the funds and sureties upon which the same shall be invested and the accumulated interest must be there from, if any, subject to the bequest to or in trust for my said wife as aforesaid of the interest, dividends and profits of one fourth part of the product of my said real and personal estate if she be then living as aforesaid upon the trusts next hereafter mentioned the whole thereof to be …….as personal and not as real estate that is as to one full undivided half part or share thereof, in trust for my own next of kin……and according to the stature relative to the distribution of the estate and the effects of persons dying intestate and to be paid assigned divided and distributed accordingly and as to the other full undivided half part or share thereof in trust for the next of kin of my former wife SUSAN whose maiden name was ROBERTS with the exception of the children of her sister MARY which be the said MARY had by her first husband JAMES AYRTON but not excepting the children her sister MARY had by her second husband JAMES WRIGHT under and according to the statute relative to the distribution of the estate and effects of a person dying intestate and to be paid assigned divided and distributed accordingly and I further will and direct that during the minority of my said children or any of them or of any person or persons beneficially interested or entitled under the trusts of this my will it shall be lawful for my said trustee or other. The trustees or trustee for the time being of this will according to their discretion to lay out and apply in and for the maintenance duration or advancement of my said children or such other person or persons as aforesaid respectively the whole or ant part or parts of the rents, issues, dividends or other annual product which my said children or such other person or persons respectively shall for the time being be beneficially entitled under the trust of this my will and to invest accumulate and improve any surplus or savings of such rents, dividends or profits for the benefit of such person or persons entitled to the same respectively and I hereby will and direct that all such surplus or savings and accumulatories shall be upon the same trusts and go in the like manner as the funds producing the same shall be sold or would go according to the trusts of this my will and I further will that it shall be lawful for the trustees or trustee for the time being of this my will until all or every the mills……lands, tenaments and …itaments or parts and share thereof of which I may be ceased and possessed shall be sold as aforesaid by and out of the rents issues and profits thereof or by such other ways and means as my said trustees shall think fit and … expedient to ensure and repair the same and pay such rents and por….then such … as shall … and ought be paid and performed and discharge all outgoings in respect thereof and further that it shall be lawful for my said trustees or other trustees or trustor for the time being of this will respectively to lay out and invest all principle trust monies when and as they shall derive the same or any part thereof on such security or securities as they shall think fit and proper and from time to time to vary and change the same respectively provided also and I further will that the said WILLIAM ROBERTS and JOHN MORRIS or other the trustees or trustor for the time being of this my will shall before they proceed to any public or general sale of my partnership property or any part thereof endeavour to treat with my present partners or such other person or persons who may be a partner or partners with me at the time of my decease for the sale and disposal to them or any of them of all or any of my partnership property and all my share right and interest therein at such part or parts and for such sums of money or other considerations as the said WILLIAM ROBERTS and JOHN MORRIS or other trustee or trustees the time being of this will shall think fit for ready money or on reasonable profit taking part to have sufficient and reasonable security for the payment of such purchase … or … monies as they shall allow time for payment of it being my will and mind that my present partners or such other person or persons who maybe partners at my decease should have the option of buying all or any part of my partnership property provided further and in order to enable my said trustors or the trustees for the time being of this my will to execute the trusts thereof more effectively and satisfactorily and more especially to wind up and settle all or any of the partnership affairs and business and trading transactions in which I maybe engaged at the time of my decease. I do hereby will declare and direct that it shall be lawful for the said WILLIAM ROBERTS and JOHN MORRIS or other the trustees and trustor for the time being of this my will and their respective executors administrators and assigns … pound any debts or monies out and owing to me at my decease or which shall arise … or something out during the operation of the trusts of this my will and whether partnership or other debts and monies and … a part and parts thereof in full or give time fore payment thereof or any part thereof if they think fit and proper taking sufficient and reasonable security as aforesaid and also to make a final settlement, adjustment and agreement with my present partners or any other person or persons who may be a partner or partners with me at my decease and all and every other person or persons who so ever or all …amounts controversies, disputes and divisions of partnership or other property of which I may be ceased and possessed of or entitled to and whether real or personal and whatever the same shall have arisen or … during my life or at any time during the operation of the trusts of this my will and likewise to … or defend any action at law or not in equity relative thereto and the trusts of this my will and to refer to arbitration if they think fit in the usual way all disputes, controversies matters and things whatsoever arising out of the trusts of this my will or in connection therewith in as full ample and conclusive a manner to all intense and purposes as I might or would have done personally if living and I further will and declare that it shall be lawful for the said WILLIAM ROBERTS and JOHN MORRIS or other … trustors or trustee for the time being of this my will and their respective and administrators to make to execute and to give all and all manner of deeds conveyances assurances … agreements, receipts, vouchers, undertakings and other documents which they or any of them shall think fit and necessary to make executive and give, or which maybe required so to be in execution of the trusts of this my will and I do declare that all and every such receipt or receipts shall be a good and effectual discharge and good and effectual discharges at all times and from first time to time trust on all occasions at to all and every person or persons whom so ever and their respective executors, administrators and assigns for so much money or other matter or thing as shall or may in such receipt or receipts the acknowledged or expenses to be received and that all and every persona and persons whosoever their respective heirs, executors, administrators and assigns having obtained such receipt or receipts shall not afterwards be required or liable to see the application or to be answerable for the loss, misapplication or non application of the monies or other matter or thing in such receipt or receipts acknowledge to be received and of my will and mind further is that in … the said WILLIAM ROBERTS and JOHN MORRIS or either of them or any succeeding or other trustee or trustees of this my will shall … or … to be discharged from or refuse to act or become incapable of acting in the trusts thereof it shall be lawful for the surviving, remaining or other trustee or trustees for the time being of this my will and of the said trust, estate and … respectively or their or his heirs, executors, administrators or assigners to nominate and appoint one or e more trustee or trustors in the room or stead of such deceased retiring or other trustor or trustees as aforesaid and as often after as such vagary shall happen and upon every such nomination or appointment the trust, estates, monies trade effects and promises shall be reverted surrounded transferred assigned paid to and vested in such trustee or trustors so to be appointed and the remaining or acting trustee or trustors for the time being if any upon the trust hereby declared … the same respectively or … of them as shall he existing ….. and capable of taking upon and the trusts thereof shall be only declared accordingly and that …. … now trustee or trustors shall and may in all things act and assist in the management and carrying on and execution of the trust thereof and the persons and authorities … retained as fully and effectually as if or they had been originally nominated in this my will provided also and I will that trustees or trustee or the first being of this my will and every of them and their heirs executors, administrators shall retain and reimburse himself and in the first part of the said trust, estate and promises respectively and allows to his or their co-trustee or co-trustors proper and sufficient salaries and reasonable remunerations for their loss of time and trouble and also such … charges damages and expenses as they or any of them or their or any of their heirs, executors or administrators shall or may bear pay, sustain, expend or be put into in or about the distribution of the respective trusts having in them, reposed respectively or in default thereof or otherwise relating thereto and also that the trustors or trustees for the time being of this my will or any of their heirs or any of their heirs, executors, administrators or assigns, shall be charged with or answerable for any more monies than actually come to their respective hands nor that out fr …. The other or others of them or with or for the arts deeds, defaults or receipts of the other or others of them, but … of them with or for his own proper arts, deeds, defaults and receipts only their … in receipts for the sale of … not withstanding and that they or any of them shall not be answerable or accountable for any banker or banks or other persons with whom or in whose custody any part of the said trust monies may be deposited or lodged for sole custody or otherwise in the execution of the trusts of this my will. Nor for the insufficiency or default of any title nor of any security or securities stocks or funds in or upon which any part of the monies to rise and be received from the property and promises devised and bequeathed by this my will or by virtue of the trusts thereof maybe invested nor for and loss or bad debts or other loss or misfortune which may happen in the execution of the trusts of this my will or in relation thereto unless the same shall arise from wilful neglect and want of reasonable caution and I hereby nominate … and appoint the said WILLIAM ROBERTS and JOHN MORRIS to be executors of this my will hereby revoking and making void all form of wills by me at any time here to for made and I do publish and declare what is written on this and the … receding sheets of paper to be and retain my last will and testament in testimony whereof I have signed this and the … other preceding sheets of paper containing this my will this … day of June in the year of our Lord 1847. AMBROSE WALTON signed published and declared by the said AMBROSE WALTON the testator 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 … other have subscribed our names as witnesses … this 16th DAY OF JUNE 1847 … IN ALCOCK DIXEN SOLICITOR BURNLEY…JOHN FELL-CLERK for ROBERTS & WALTON on the 4th DAY OF JUNE 1853 the will of AMBROSE WALTON late of Manchester in the County of LANCASTER – COTTON SPINNER MANUFACTURER and COMMISSION AGENT deceased was proved at CHESTER in common form of law by WILLIAM ROBERTS one of the executors power reserved to JOHN MORRIS the other executor the right of every other person being saved and first allowed to exhibit and inventory H.RAIKES registrar.
Proved at LONDON 29th JUNE 1853 before the JUDGE by the oath of WILLIAM ROBERTS out of the executors to whom ad… was granted having been first sworn by common only to administer JOHN MORRIS the other executor and out of the residuary legatees in trust having renounced the probate and execution of the said will and also letters of admon with the same … of the goods of the said deceased.

KEY: Italics: translation not certain, (not working on this site.) …. Illegible

Translation from the original document by Charles Ernest Walton & Garry Walton