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The will of John Stonehewer of Foden Bank, Sutton, Staffordshire

Dated 30 November 1786, Probate granted 13 January 1794

SourceCheshire East council

Transcript

In the Name of God Amen the 30th day of November 1786 I John Stonehewer of Foden Bank within Sutton in the County of Chester Gentleman being of sound and disposing mind memory and understanding praised be God for the same do make and publish this my last Will and Testament in mannor (sic) and form following
that is to say first and principally I commend my soul to Almighty God that gave its Trusting assuredly through his mercies and the Merits of my Lord and Saviour Jesus Christ to receive free Pardon of all my sins and to inherit everlasting Life and my Body I commit to the Earth to be decently interred at the Discretion of my Executors hereafter named.
And as touching such Worldly Estate wherewith it has pleased God to bless me I give and dispose thereof
as follows (?) first I will and direct that all my just Debts and Funeral Expenses and Probate of this my Will shall be paid and discharged out of my Personal Estate for the Affection I have for my loving wife Hannah Stonehewer and for her better Provision and Augmentation I give to my said wife Hannah Stonehewer during her life all or such part of my Plate and Household Furniture as she my Wife shall chuse (sic) upon this Condition that she my said Wife shall take on Account in Writing of the said Plate and Household Goods and give her Covenant to my Executors hereafter named that she will leave the same to her Daughters Hannah and Nancy Stonehewer or the survivor or survivors of them share and share alike their resonable usage and wearing in the mean time excepted
I give to my said Wife Hannah Stonehewer Twenty Pounds to be paid immediately after my decease out of my Personal Estate for her present use and support
I give and devise to my honoured Uncle William Stonehewer of London Warehouseman and Mr Samuel Street of Macclesfield Button Man two of my Executors hereafter named Four Hundred Pounds on special Trust and confidence and to the intent and purpose that they William Stonehewer and Samuel Street shall so place out and keep out the said Four Hundred Pounds at Interest during the Life of my said Wife and upon further Trust to pay the yearly Interest and Produce thereof from time to time unto her for her sole use and from and immediately after her death upon Trust to pay the said principal sum of Four Hundred Pounds to my Daughters Hannah and Nancy Stonehewer upon their Age or Ages of Twenty five Years and I will that the Yearly Interest and Produce thereof from and after the death of my said Wife shall be paid and applied in the mean time in and towards the Maintenance and Education of my two Daughters Hannah and Nancy Stonehewer of the survivors or survivor of them.
I give to my Brother William Stonehewer his choice of any one Horse and all the Dogs that I may be in Possession of at the time of my Decease.
I give to my Sister Mary Travis and my Sister Dorothy Scott Ten Pounds each for Mourning.
All the rest of my Goods Chattells and Personal Estate whatsoever I give and devise to my Executors William Stonehewer Senior and Samuel Street upon Special Trust and Confidence make sale of the Goods and Chattels as soon as can be with convenience after my decease and the Money arising from such sale along with any other Money that I may be possessed of. And to the intent and purpose that they the said William Stonehewer and Samuel Street shall place and keep the same Money and Interest till such times as my Daughters Hannah and Nancy Stonehewer respectively attain the Age of Twenty one Years. And upon further Trust to pay the yearly Interest and Produce thereof towards the Education and Maintenance of my two Daughters Hannah and Nancy Stonehewer.
And upon Trust to pay the Principal Sum to my two Daughters Hannah and Nancy on their respectively attaining the Age of Twenty one Years share and share alike mor to the Survivor or Survivors of them.
I give and devise a M? of an Estate purchased from Mr Derbyshire jointly and equally with Mr Joseph Cooke Attorney, Macclesfield and myself each a half concerned situate and being in Alderley unto my two Daughters Hannah and Nancy Stonehewer share and share alike for the term of their natural Lives as Tenants in Common not as Joint tenants and from and after their decease to their first or any other Child or Survivor of them and for want of such Child or Survivor
I give the said Premises to my Brother William Stonehewer and his Heirs for ever.
And whereas I have now only two daughters living to wit Hannah and Nancy Stonehewer Now I do by this my last Will and testament duly executed in the presence of three credible Witnesses whose Names are hereunto subscribed charge all and singular by way of Mortgage or otherways as Council learned in the Law may direct all or any of the Capital and other Messuages Tenamants Farms Lands and Hereditaments situate and being in the Townships of Sutton and Wincle in the County of Chester with the Payment of Two Thousand Pounds to be paid to my Uncle William Stonehewer and Samuel Street two of my Executors hereafter named within three months after my decease upon special Trust
and Confidence and to the Intent and Purpose that they the said William Stonehewer and Samuel Street the Survivor of Survivors of them and the Executors or Administrators of such survivor place the same out and keep the said Two Thousand Pounds out at Interest until such times as my Daughters Hannah and Nancy Stonehewer attain the Age of Twenty five years. And upon further Trust to pay the yearly Interestand Produce thereof for the Education and Maintenance of my Daughters till they attain that Age then to pay them my Daughters Hannah and Nancy Stonehewer or the Survivor of Survivors of them the said Principal Sum of Two Thousand Pounds equally betwixt them share and share alike and for want of such Survivor or Survivors to revert to the Estate as if the same had never been charged. I also Charge my said Estates with the Sdum of One Hundred Pounds to be paid to my two Executors William Stonehewer and Samuel Street within three months after my decease. Upon special Trust and Confidence to place the said sum of One Hundred Pounds out on Interest and to pay the Use and Interest thereof to my Sister Dorothy Scott the Interst and Produce thereof for her own separate use and benefit notwithstanding her Coverture and from and after her decease the Principal Sum of One Hundred Pounds to be paid to my Niece Ann Sussanah Scott should she be living and in Case of her decease to revert and return to the Estate as if the said Sum had not been charged. I also charge my Estate with an Annuity of Ten Pounds a year to be paid to my Sister Mary Travis during her lifetime during her natural Life and for her own separate Use and Benefit notwithstanding her Coverture. I lastly charge with one other Annuity of Ten Pounds a Year all my Estates to be paid to my Uncle George Stonehewer during his natural Life. The first Payment of these two Annuities to be paid twelve months after my decease. I give and devise all my Estates situate and being at Sutton and Wincle that come into my Possession on the decease of my late Honoured Uncle John Stonehewer Gentleman deceased. Also all that that land situate and being near the Lane Ends in Sutton called the Hamelcote and six Doles of land in Simonlley Townfield purchased from Philip Ozma(?) of Sutton. Also all that Messuages Tenamants commonly called Hockley that I purchased from John Norton situate and being in Sutton and the whole of my Estates in Sutton and Wingle (does he mean Wincle?) in the County of Chester. Also all those Premises situate and being in Leek in the County of Staffordshire purchased from John Livesley (?) unto my dearly beloved Brother William Stonehewer for the term of his natural Life and with power to charge the said Estates with anyt Sum or Sums of Money not exceeding in the whole Two Thousand Pounds without impeachment of Waste and from and after his decease I give and devise the same to his first and every othe Son or Sons and to the heirs Male of the Body and Bodies of such first and every other Son or Sons severally and successively one after another as tho(?) shall be in Seniority of Age and Priority of Birth and for default of such issue I give the said Promises unto my Uncle George Stonehewer and the Heirs Male of his Body lawfully begotten. And for want of such issue I give the said Promises to my Uncle William Stonehewer and the Heirs Male of his Body lawfully begotten. And for want of such Male issue I give and devise the said Promises to my two Daughters Hannah and Nancy Stonehewer and their issue as Tenants in Common not as joint Tenants and for want of such issue to my Right Heirs for ever.
I nominate constitute and appoint my Brother William Stonehewer my Uncle William Stonehewer and Mr Samuel Street Executor of this my last Will and Testament and Trustees to see the same performed and for which I give them Fifty Pounds apiece as a small Testimony of my gratitude to them for their trouble. And hereby revoking all former Wills I declare this to be my last. In witness thereof I the said John Stonehewer the testator have published and declared this Paper Writing consisting of one sheet of Paper on each side of which I have subscribed my name and to the last have affixed my seal as and for my last Will and testament the day and year first above written

JOHN STONEHEWER

Signed sealed published and declared by the said John Stonehewer the Testator as and for his last Will and Testament in the presence of us who at his request subscibed our names as Witnesses Hereunto in his presence and in the presence of each other ELIZABETH FROST, EDWARD BROADHURST, JOSIAH BAYLEY

Probate

Proven at London 13th January 1794 before the Worshipful George HarrisDoctor of laws and Surrogate by the Oath of William Stonehewer the Brother and one the Surviving Executors to whom Administration was granted having been first sworn only to Administer Power reserved to William Stonehewer the Uncle and other Surviving Executor (signatures follow)

Separate Document

The Surviving Executors to whom
Administration was granted having
Been first sworn duly to Administer
Power reserved to William Stonehewer
the Uncle and other Surviving Executor

(followed by three signatures and a date of Jan ? 1794)

Separate Document

To the Reverend John Briggs Clerk Master of Arts Vicar General and Official Principal of the Right Reverend Father in God William by Divine permission Lord Bishop of Chester or his surrogate or any other Competant Judge in His Behalf We George harris Doctor of Laws Surrogate of the Worshipful Sir William Scott Knight also Doctor of Law Vicar General of the Right Reverend Father in God Beilby by Divine Permission Lord Bishop of London and offical Principal of his Consistorical and Episcopal Court of London ? ? do hereby certify that William Stonehewer the brother and one of the surviving Executors named in the last will and testament of John Stonehewer late of Foden Bank within Sutton in the County of Chester ? deceased did appear before Us in our Chambers, Doctors Commons, London on the first day of April in the year of Our Lord One Thousand Seven Hundred and Ninety Four and did present to us the Letters ? here returned and prayed that we would in aid of Justice take upon Us the execution thereof. We being willing to grant such his request immediately took upon Us the execution thereof and did before Joseph Walker our ? in His behalf then administer to him an Oath that he was one of the surviving Executors named in the Paper Writing heretofor annexed and that he believe the same to contain the last Will and Testament of John Stonehewer deceased and that he would faithfully discharge the trust reposed in him by first paying the debts then the legacies contained in the said Will so far as such Goods Chattels and Credits would thereto extend and the law charge him that he would give a full and perfect inventory of the Goods Chattles and Credits of the said deceased ? ? a just and true account thereof when he was required by law so to do and that he believe the said goods chattels and credits of the said deceased did not amount to more than to Three(?) Hundred pounds which being done we did desire your said letters of request to be transmitted to you herewith and in ? ? ? of the premisses ? ? caused the ? in their behalf to be set to these present and have subscribed the same.

? Joseph Walker notary public legally appointed by reason that ?? at one time and place of swearing the said William Stonehewer and ? ? the premisses have from them drawn this public instrument and subscribed my name thereto

Signed Joseph Walker
Notary Public

People Mentioned

wife
Hannah Stonehewer
daughters
Hannah Stonehewer
Nancy Stonehewer
brother
William Stonehewer sen
sisters
Mary Travis
Dorothy Scott
niece
Ann Sussanah Scott (daughter of Dorothy Scott?)
uncles
George Stonehewer
William Stonehewer
John Stonehewer
executor
Samuel Street
witnesses
Elizabeth Frost
Edward Broadhurst
Josiah Bayley
miscellaneous
Mr Derbyshire
Joseph Cooke (attorney)
Philip Ozma
John Norton
John Livesley`

Possible Famiy Tree


Transcribed by David Newbold

Last modified by Alan Stanier on 5 March 2011