The Will of John Cunliffe of Blackburn, Banker 1837
Accessed from Family Search 28 February 2021
https://www.familysearch.org/ark:/61903/3:1:S3HT-6SGQ-MKH?i=18&cat=126866
Original image held at Lancashire Archive
This is the last Will and Testament of me John Cunliffe of Blackburn in the County of Lancaster Bankers. I direct that all my just Debts, funeral and testamentary expences, shall be first paid out of my estate and effects. I give and bequeath all my household Goods furniture Plate Pictures Linen China Wines and Liquors in or about my dwellinghouses in Blackburn and at Beardwood near Blackburn And also my farming Stock Cattle Cart and carriage unto my dear wife Margaret for and during the term of her natural Life And after her decease I give and bequeath the same unto my adopted Daughter Margaret now the Wife of Henry Hargreaves of Blackburn Solicitor for her own absolute use and benefit. I also give and bequeath unto my said wife during the term of her natural Life one Annuity or yearly sum of Three hundred Pounds of lawful British Money And to my Nephew Henry son of my Late Brother Henry during the term of his natural life one annuity or yearly sum of Fifty Pounds of like lawful Money and direct the said Annuities to be paid to my said wife and Nephew Henry respectively by two equal half yearly payments in each year the first half yearly payments thereof respectively to be made at the end of six calendar months after my decease And After the decease of my said wife and Nephew Henry respectively I direct the said Annuities respectively to sink into the residue of my Estate. I give and bequeath unto my Nephew John and to my Nieces Mary, Ann, Elizabeth, Sarah and Margaret Son and Daughters of my said late Brother Henry, to my Nephews Thomas and John, and to my Nieces Ellen Mary and Alice, sons and Daughters of my late sister Mary, and to my Nieces Mary, Jane and Betty Daughters of my late Sister Ann, or to such of them my said Nephews and Nieces as shall be living at the time of my decease the Legacy of One hundred Pounds a piece. And I give and bequeath to Elizabeth and Ellen the two daughters of my Nephew Thomas Cunliffe another of the Sons of my said late Brother Henry the Legacy of Fifty Pounds a piece. And I direct such Legacies to be paid to my said Nephew Nieces and Great Nieces respectively in manner following, that is to say, one half part thereof respectively at the expiration of one year after my decease and the other half part thereof respectively at the expiration of three calendar months after the death of my said wife but without any Interest for the same Legacies respectively or any of them, in the mean time Provided always and it is my will and mind that in case any one or more of my Legatees before named shall happen to die before the Legacy or legacies hereby intended for him her or them respectively shall be received or become payable and shall leave lawfull Issue or dying without Issue, shall leave a Husband or Wife then and in such case it is my will and mind and I do direct that such legacy or Legacies shall go, and be paid to such Issue Husband or Wife as the case may be And that in case of the death of any one or more of my said Nephews Nieces and Great Nieces respectively without leaving lawful Issue Husband or Wife before the Legacy or Legacies hereby intended for him her or them respectively shall be received by or become payable to him her or them, then and in such case it is my will and mind and I do order and direct that such Legacy or Legacies shall sink into the residue of my Estate I give and bequeath to my said adopted Daughter Margaret Hargreaves All my shares and Interest of and in the Capital Stock of the Blackburn Gas Light Company and all my Right and Property as a Share holder in that undertaking To Hold to her the said Margaret Hargreaves her executors and administrators absolutely I also give and bequeath to the said Margaret Hargreaves her executors or Administrators the sum of Nine thousand Pounds and I direct the same to be paid in manner following (that is to say) Four thousand five hundred pounds one half thereof at the expiration of twelve calendar months after my decease and Four thousand five hundred Pounds the remaining half thereof at the expiration of twelve calendar months after the decease of my said wife but without Interest on either of the said sums in the mean time. I give devise and bequeath unto my said dear wife Margaret my Pew in Saint Peters Church Blackburn during her life, and after her decease to the said Margaret Hargreaves absolutely. I also give to my said wife all my Estate and Interest of and in certain leasehold premises situate in Rodddlesworth held by me and Mr James Pickup and I direct that my said wife shall out of the rents of the said Hereditaments pay the yearly sum due in respect of the Insurance effected on the life of William Clayton the surviving Life in the Lease of the said premises And I give and bequeath the sum of Three hundred Pounds or other the sum which will become payable to me by virtue of such Insurance at the death of the said William Clayton to my said dear Wife to whom I also give the money owing to me by Thomas Smalley – All the Rest Residue and Remainder of my real and personal Estate and effects whatsoever and wheresoever and of what nature kind or quality soever which shall remain after satisfying and paying the Annuities Legacies and Bequests aforesaid I give devise and bequeath unto my Nephew James Cunliffe his heirs executors administrators and assigns for ever or according to the nature of the property to and for his own absolute use and benefit And I appoint my said Nephew James Cunliffe the said Henry Hargreaves and Mr Thomas Willson Clerk in the Blackburn Bank joint Executors of this my last Will and Testament Provided always and I do direct that each of them my said Executors shall be chargeable only for such Monies as they respectively shall actually receive by virtue of this my will and that any one or more of them shall not be accountable for the others or other of them or for any involuntary Loss that may happen in the execution of this my Will In witness whereof I the said John Cunliffe have to three sheets of paper containing this my last Will and Testament set my hand and to the last sheet thereof my Hand and Seal this tenth day of May in the year of our Lord one thousand eight hundred and thirty six.
John Cunliffe (signature and seal)
Signed Sealed Published and declared by the said John Cunliffe as and for his last Will and Testament in the presence of us, who at his request, in his presence, and in the presence of each other, here hereunto subscribed our names as Witnesses
Thomas Dugdale
James Willson Clerk to Mess. Cunliffe and Brooks.
Alfred Frances Clerk to Messrs. Cunliffe.
Probate issued 3 March 1837
The third day of march 1837 Thomas Willson and Henry Hargreaves two of the executors of this Will named were sworn in common form (Power being reserved to James Cunliffe the other Executor therein also named to take upon him the Execution of the said Will and when he shall lawfully request the same) and they further made Oath that the personal Estate and effects of the testator within the Diocese of Chester, were under the Value of 35,000 £
Before me D. Rathbone Surrogate
The Testator died 13 May 1836
Stamp Duty enclosed 450 £
© Transcribed by B. Youds