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The Will of John Cock of Ashton under Lyne, Innholder 1723 |
In the name of god Amen the tenth day of June Anno Dom[in]i 1723. I John Cock of Ashton underlyne in ye County of Lancaster Innkeeper
being in reasonable good health of body, and in sound and perfect memory preised be therefore given to Almighty God, do make and
ordain this my last will and Testament in manner and Form following, (to witt) First and principally I commend my soul into the hands of
of Almighty God, hoping through the merits, death and Passion of my Saviour Jesus Christ, to have full and free pardon and forgiveness of all my sins, and
to inherit everlasting life, and my body I commit to the Earth, to be buried in a Christian like and Decent Manner at the discretion of my Executors, and as touching
the Disposition of such Temoral estate, as it hath pleased Almighty God to bestow upon me in this life, I give and dispose of the same in manner and form following,
Imp[rim]is my will and mind is, that my Funeral Expences, probate of this my last will & Testam[en]t : Exhibiting of an Inventory, and all my lawfull debts be
Honestly paid out of my personall Estate; and Further I will & Desire my Exe[cuto]rs hereafter named to bestoe prior and sell, all my household
goods and other moveables Imediately after my Decease towards paying my just and lawfull Debts; Now whereas I have heretofore given to Jane
my now wife, by virtue of assignem[en]ts of marriage settlem[en]ts One moiety of that messuage & Tenem[en]t with its Appurtenances situate lying in Mossley
For and During her Naturall life, as in and by the s[ai]d Assignm[en]ts more at large appeareth, And the other Moiety of the s[ai]d Messuage and Tenem[en]t
with its Appurtenances I give and bequeath unto John Cock my son and the Child which Jane my wife is now great with; and the s[ai]d Moseley to
be Equally divided between them And it is my will & mind That Jane my wife shall have the Tuition and bringing up of the s[ai]d John Cock my
son, and the Child which Jane my wife is now great with, untill he, or they, shall Accomplish his or their severrall ages of Twenty One Years
or marrie, which shall first happen; And the rents and profitts thereof receive towards bringing up the s[ai]d Child or Children provided the
s[ai]d Jane my wife do not marrie, but if she happen to marrie, then my will and mind is, That my Exe[cuto]rs hereafter named shall receive and take the rents
and proffitts of the s[ai]d moiety, of the messuage & Tenement above mentioned, from his or their s[ai]d mother, and to bring up the s[ai]d Child or Children with the rents and
proffitts thereof, untill he, or they, shall Accomplish their several ages of Twenty One Years as afores[ai]d; or marrie which shall first happen; And after
my Decease ,my will and mind is, that my Exe[cuto]rs, hereafter named, do Compound and agree with the lord or owner of the Inheritance for a new Chattel lease and
to put my wife Janes life s[ai]d lease, and make my Son John the Leasee of the s[ai]d premisses, and my will & mind is that Jane my now wife shall
have ye moiety of the s[ai]d messuage and Tenement and the rents and profitts thereof receive for and During the term of her naturall life as afores[ai]d and the
Composition money and Charges of the s[ai]d lease to be paid out of my personall Estate which I shall happen to die Possessed of; and my will
& mind is that my Ex[cuto]rs and the survivor of them, do keep the s[ai]d lease in his or their Custody for the performance of this my will; And after the
Death & Decease of Jane my wife, my will and mind is, that both the s[ai]d moietys (to witt) the whole of the above s[ai]d messuage Tenement & premisses
with it Appurtenances situate in Mossley afores[ai]d be Equally Divided betwixt the s[ai]d John Cock my Son, and the Child which Jane my wife is now great with, and it
is my will and minde, that if either John Cock my son or the Child which Jane my wife is now great with Happen to die before they shall Accomplish the age
of Twenty one Years the s[ai]d Messuage Tenement and premisses to go to the only proper use & behoof of the survivor of them. Item I give and bequeath unto
Joseph Cock my son, all that Messuage house, Barnes, Stables, Brewhouses, Cellars, Gardens, and Backsides, with their appurtenances wherein I now Dwell, and to
Enter upon the s[ai]d messuage, building and premisses and the rents and profitts thereof receive, when and after he shall Attain to the age of Twenty One Years
and in the mean time to have a sufficient Maintenance According to the Discretion of my Ex[cuto]rs. But if the s[ai]d Joseph Cock happen to die without issue lawfully
begotten, Then it is my will & mind that the s[ai]d messuage buildings and premisses be Equally Divided between John Cock my Son, and the Child which Jane my wife is
now great with. And if either of them shall happen to die without issue lawfully begotten, then the s[ai]d messuage & Tenem[en]t to go the only proper use and behofe of
the survivor of them. Item I give and bequeath unto Thomas Cock my oldest son, his heirs and Assignes forever, all that messuage house, building, Stables, Yards,
Gardens and Backsides with their Appurtenances from and after the Death and Decease of Mary Francis all which premisses are situate lying and being in the
parish of St Peter within the Citty of Chester, in a Certain Street there called the Algate Street, and on the North side of the same Street, and is now in the holding or
Possession of the s[ai]d Mary Francis her under Tenant or under Tenants; Thos Cock his heirs or assignes paying or causing to be paid unto my Exe[cuto]rs
hereafter named or to the survivor of them, the full sume of One Hundred and fifty pounds of lawfull Brittish Money before the s[ai]d Thomas Cock his heirs or
Assignes shall Enter to the s[ai]d Premisses, or any part thereof, or receive any rents or profitts there from; And it is my will and mind the s[ai]d Sume of One
Hundred and fifty pounds shall be Equally Divided between or Amongst the s[ai]d Joseph and John Cock my s[ai]d Sons, and the Child which Jane my wife is now great
with, or so many of them as shall accomplish the age of Twenty One Years, and the s[ai]d money to be sent out to Interest, for the use of the s[ai]d Children And
my will and mind is that my Exe[cuto]rs or the survivor of them, do enter and take Possession of the s[ai]d messuage buildings and premisses, and the rents ands profitts
thereof receive Imediately after the Death of the s[ai]d Mary Francis untill the s[ai]d some of one Hundred and fifty pounds be fully raised out of the Clear rents
and profitts thereof, or untill such time, as the s[ai]d Thomas Cock his heirs and Assignes shall pay the s[ai]d sume of one Hundred and fifty pounds or so much as
will make up the s[ai]d sume, with what my Exe[cuto]rs will have received Yearly from the time of their Entrance to the time of Payment All the rest and
residue of my good, ready money, and Debts owing me whatsoever; After my funeral expences and Debts, is Honestly paid and performed
if any Remain and be; I give and bequeath unto Thomas Cock my eldest son, And my will is, that my Exe[cuto]rs do receive and keep the money, in his, or
their hands, towards the Payment of the s[ai]d sume of One Hundred and fifty pounds; And I do hereby Constitute, Nominate, and apoint James Cooke of
Stocks Carrier, and my Cousin, James Buckley of Stailey Yeoman, both in the parish of Mottram, joynt Executors of of this my last will & Testament
Hopeing they will see the same truly Executed and performed as my trust is in them reposed. In witness whereof I the s[ai]d John Cock have hereunto
sett my hand and seal the day and Year first above written
Signed and Sealed by John Cock the
Testator, in the sight & presence of us
in his presence
John Cock
John Pickford
James Hurst
Tho Preston
(translated from Latin)
James Cooke and James Buckley Executors named in this will
were sworn in common form to well and fathfully administer
the Goods and Chattels of the deceased before me Jam: Whitehead Surrogate
10 July 1723
probate granted 22nd of the same