Will of John Barlow 1759 - 1828

This Is The Last Will & Testament of Me, John Barlow of Entwistle In the County Pallatine of Lancaster. Gentleman, Whereby I Give, devise and bequeath unto my Eldest son James Barlow All that my freehold messuage farm and tenement situated in Edgworth in the said County of Lancaster called Isherwood Fold with the outbuilding and appurtenances and the several closes or parcels of land in the same belonging and which are now in the possession of my son William Barlow to hold The same unto and to the use of my said son James Barlow his heirs and assigns for ever.

I also give devise and bequeath unto my second son William Barlow all that my copy hold messuage farm and tenement situated in Tottington in the said County of Lancaster called Tittleshaw Or Brookes Tenement With the outbuildings and appurtenances and the several closes and parcels of land to the same belonging and which are now in the possession of James Kirkman to hold the same unto and to the use of my said son William Barlow his heirs and assigns for ever.

I give devise and bequeath unto my friends John Knowles of Turton in the said County Yeoman, Oliver Entwistle of Entwistle aforesaid yeoman and the said James Kirkham All that my messuage farm and tenement called Entwistle Aforesaid Called Crow Trees With the outbuildings and appurtenances and he several closes and parcels of land to the same belonging and which are in my own occupation and in the occupation of my said son James Barlow and of William Rostron? Together with the allotments of common land within Edgworth to the same premises belonging to hold the same unto and to the use of the said John Knowles, Oliver Entwistle, and James Kirkham their heirs and assigns for ever upon the several trusts nevertheless and for the several intents ? (interests ) and purposes hereinafter expressed declared and contained of and concerning the same that is to say as so far and concerning so much and such part and parts of my said messuage farm and tenement called Crow Trees as now are in the possession of my Said son James Barlow and myself and also that clos e of meadow ground called deer patch now in the occupation of William Rostron together with one moiety or half part of the said allotments of common Within Edgworth aforesaid in trust for my grandsons John Barlow and James Barlow sons of my said son James Barlow in equal undivided moieties as tenants in common and not as joint tenants and for their respective heirs and assigns for ever and so for concerning so much and such part and parts of my said messuage farm and tenement Called Crow Trees as are now in the possession of the said William Rostron, except the said close of ground Deer patch together with the other moiety or half part of the said Allotments my said Son William Barlow and for his heirs and assigns for ever.

It is my will and mind and I Do hereby direct that in case either or both of my said grandsons John Barlow And James Barlow sons of my said son James Barlow shall happen to depart this life under the age of 21 yrs without leaving lawful issue then the share or shares of him or them so dying shall go to my said son James Barlow and to his heirs and assigns absolutely forever and be conveyed and affered ? by my said trustees to him and them accordingly, and in case my said grandson John Barlow son of my Said son William Barlow shall happen to depart this life under the age of twenty one years without leaving lawful issue then the estate and premises hereinbefore given and devised to my said last mentioned grandson shall go to my Said son William Barlow and to his heirs and assigns for ever and shall be conveyed and assured by my said trustees to him and them accordingly and;

It is my further will and mind and I do hereinbefore given devised for the benefit of my said three grandsons respectively as aforesaid shall forever hereafter have the liberty and privilege of passing and repassing on foot and with horses carts and carriages or otherwise over the lands and grounds hereby given and devised to the other of them respectively for the more convenient occupation of their said respective premises in such manner as the same are now & heretofore have been occupied, and;

I give and Bequeath unto the said John Knowles, Oliver Entwistle and James Kirkman All My Ready Money, Securities or Money, Goods Chattels And Personal Estate Whatsoever And Wheresoever I Shall be possessed at the time of my decease to hold to them my said trustees their executors administrators and assigns upon trust that they or the survivors or survivor of them or the executors or administrators of such survivor do and shall so soon as conveniently maybe after my decease collect get in and receive all and every the debt and debts and sum and sums or money which shall be owing to me at the time of my decease and sell and dispose of all such part thereof as shall be in their nature saleable and out of the monies to arise and be got in by the means aforesaid shall do and pay discharge all my just debts funeral expenses and the charges attending the probate and execution of this my will and from and after payment and satisfaction thereof upon trust to pay apply and dispose of the residue of the monies to arise by the means aforesaid unto and equally between my Daughters Namely Catherine Wife of James Brown and Alice Wife of James Harwood but in case either of my said daughters shall happen to depart this life in my lifetime leaving lawful issue then I direct that then the share or shares of her or them so dying as aforesaid shall be paid unto and equally amongst her or their children respectively as and when they shall severally attain the age of twenty one years such children taking per stipes ? and not per capital and it is my will and mind and I do hereby further direct that incase my personal estate after payment of my debts funeral expenses and the charges of the probate of this my will and of carrying the same into execution shall not be sufficient to pay unto each of my said daughters or to her children the sum of Three Hundred Pounds then in such case my said trustees and the survivors and survivor of them & their executors and administrators of such survivor shall do receive the rents issues and profits of my said estates herein before bequeathed to or for the benefit of my said grandsons as aforesaid when and as the same shall accrue due and pay and apply the same in such manner as in hereinbefore directed with regard to the residue of my said personal estate until each of my said Daughters or their respective children shall have respectively received the sum of three hundred pounds together with interest thereon from the time of my decease after the rate of five pounds per centum per annum, and;

I do hereby nominate constitute and appoint the said John Knowles, Oliver Entwistle And James Kirkman joint executors of this my last will and testament and I do hereby direct and declare that my said trustees and executors or any or either of them shall not be answerable or accountable for any money to be received by virtue of and under the trusts hereby in them repose otherwise than each of them for such sum and sums of money as he shall actually receive and that none of my said trustees and executors shall be answerable or accountable for the acts receipts neglects or defaults of the other or others of them and also that they my Said trustees and executors and their executors and administrators shall and may by out of my said personal estate retain to and reimburse themselves respectively all such costs and charges as they shall be at or put to in or about the execution of the trusts ? of this my Will or in anywise relating there.

In witness thereof I the Said John Barlow have written my last Will and testament contained in this and three other sheets of paper set my hand and seal, that is to say my hand to each of the three preceding sheets and my hand and seal to the last sheet, this fourth day of April in the year of our Lord one thousand eight hundred and twenty five.

Signed John Barlow.

The writing contained in this and the three preceding sheets of paper was signed sealed published and declared by the said John Barlow.

The testator in the presence of us who in his presence at his request & hereunto subscribed our names as witnesses. D. Robinson, Solicitor, Blackburn Tho. Whewell & Wm. Popplewell, Clerks To Messers Thomas Carr and Robinson, Solicitors, Blackburn

Probate Granted 12 May 1828

John Knowles, Oliver Entwistle, And James Kirkman, Executors

In this Will Named were sworn in common form and further made oath that the personal estate and effects of the testator at the time of his death were under the Value of £300.00

Before me, J. Slade Surrogate.

The Testator Died 27 Apr 1828 Probate Issued 12 May 1828 .D :p. 5: W.W.