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Last Will & Testament
This is the last Will and Testament of me Margaret Pickering of Frodsham in the County of Chester Widow which I make and publish this Fifth day of July in the year of our Lord one thousand eight hundred and twenty
First I order and direct that all my just Debts funeral expenses and the charges of the probate of this my Will shall be paid by my Executors hereinafter named out of my Estate and Effects
And Whereas I am jointly with Alice (Rigby, wife of Samuel) Pickering of Frodsham aforesaid Widow possessed of interested in or entitled unto a certain Corn Mill situate in Sutton in the said County of Chester called Sutton Mill together with a certain Messuage or Dwellinghouse and also a Cottage thereunto adjoining and about eleven acres of Land held therewith for the residue of a certain term of years which will expire on or about the twenty ninth day of September one thousand eight hundred and twenty nine (29 Sep 1829) under and by virtue of a certain Lease or Agreement for a Lease thereof granted to me and the said Alice Pickering by Henry Charles Aston of Aston Hall in the said County of Chester Esquire subject nevertheless to the payment of the yearly rents and performance of the covenants in the said Lease reserved and contained
And Whereas it hath been agreed between me and the said Alice Pickering that I my Executors Administrators and assigns shall hold and occupy the said Messuage or Dwellinghouse Cottage and Eleven acres of Land part of the premises demised by the said Lease as subtenant to the said joint concern of myself and the said Alice Pickering for the residue of the said term to unexpired as aforesaid upon payment to the said joint concern of the yearly rent of one hundred and twenty pounds per annum and I have accordingly taken possession of the said House Cottage Land and premises
Now I do give devise and bequeath all my said Estate right title and interest whatsoever of in and to the said Sutton Mill with its appurtenances and the profits thereof and of and in and to the said Messuage Cottage and Land unto my Son William Pickering unto Samuel Blain of Liverpool Corn Merchant and unto my Sister Lydia Horrabin my Executors and Executrix hereinafter named their Executors Administrations and assigns
Upon the Trusts following that is to say Upon Trust that my said Trustees and the survivor of them his or her Executors administrators and assigns do and shall permit and suffer my said Son William Pickering to superintend and manage the said Sutton Mill jointly with the said Alice Pickering or her appointee as Co Manager during the residue of our term therein and do and shall in consideration of this devoting his name to such Management during the said term well and truly pay unto him a salary of Thirty pounds per annum out of the profits to … from the said Mill to commence from the day of my decease and be increased to the sum of fifty pounds per annum from the day of his Marriage
And Upon further Trust that they my said Trustees and the survivors and survivor of them and the Executors Administrators and assigns of such survivor do and shall from time to time invest the residue of the profits of the said Mill upon good securities of such nature as they he or she shall think proper to accumulate until the expiration of the said term
Upon Trust to pay and apply distribute and divide the said accumulations unto and equally between and amongst such of my children as shall be then living and the issue of such of them as shall be then dead leaving issue, such issue to take only his her or their Parents share
Nevertheless as to the shares of my Daughters Mary and Lydia who will not be of, age before the end of the said term Upon Trust to retain the same until they shall respectively attain the, age of twenty one years if they my said Trustees the survivors no survivor of them shall in their discretion think it advisable applying the Interest thereof in the mean time for their maintenance and Education if my said Trustees shall think it necessary
And upon further Trust to permit and suffer my said Son William together with all my other children to hold occupy and farm the said Messuage Cottage Land and premises for their joint benefit under the superintendance and control of my said Son William subject to the payment of the yearly rent of one hundred and twenty pounds per annum to the said joint concern of Alice Pickering and myself as Lessees thereof in equal shares for and during the residence of the said term or until the day of the Marriage of my said Son William and if my said Son William shall so happen to marry before the expiration of the said term then I Will and direct that my said Son William shall have the option of exclusively and solely holding and occupying the said Messuage Cottage and Land and premises from the day of his Marriage as tenant thereof at and for his own sole use and benefit upon payment nevertheless of the said yearly rent of one hundred and twenty pounds per annum to the said Alice Pickering her Executors Administrators and assigns and to the Executors of this my Will in equal shares and proportions
Provided always and I declare it to be my Will and mind that in case during the continuance of the tenancy by all my said children jointly of the said House Cottage Land and premises the produce of the said House Land and Cottage shall prove insufficient to discharge the said rent of one hundred and twenty pounds per annum that then and in such case the . . . shall be paid by my said trustees out of the profits of the said Mill
And Lastly I do appoint the said William Pickering, Samuel Blain and Lydia Horabin Executors and Executrix of this my Will hereby revoking all former Wills by me at any time heretofore made
In witness whereof I the said Testatrix have to the two proceeding sheets of this my Will set my hand and to this three and last sheet my hand and seal the day and year first before written.
Signed sealed published and Declared by the said Testatrix as and for her last Will and Testament in the presence of us who at her request, in her signt and presence and in the sight and presence of each other have hereunto, and to the two proceeding sheets set our hands as witness to the due execution thereof.
PROBATE
The second day of January 1821, William Pickering and Lydia Horabin, the Executor and Executrix in this Will named were sworn in common form and they further made oath that the personal Estate and Effects of the Testatrix within the Diocese of Chester were under the value of four hundred and fifty pounds.
The Testatrix died the 9th Day of July 1820. Probate 2nd January 1821
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