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 Post subject: Rushton
PostPosted: Sat Mar 28, 2009 4:08 pm 
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Joined: Thu Mar 01, 2007 9:23 pm
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Location: Staffordshire
RUSHTON Henry Knotts Great Marsden Yeoman Dec 1835

Taken from a book at Rochdale that indexed Lancashire and Cheshire Wills, I think this should be available from the LRO at Preston.

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 Post subject: Re: Rushton
PostPosted: Sun Jul 10, 2011 11:55 am 
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Joined: Thu Mar 01, 2007 9:23 pm
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Location: Staffordshire
This is the Last Will and Testament
of me
James Rushton of Whittlefield Burnley in the County of Lancaster Farmer Whereby I give and bequeath unto my dear wife Alice all my household furniture plate ? china glass books pictures and all other my household effects absolutely and for herown absolute use and benefit I give devise and bequeath all and singular my real leasehold and personal estate of whatsoever nature a kind and wheresoever ~ situate and including all my monies and securities for money of which I shall die possessed Unto my said wife Alice for and during the term of her natural life Subject to the payment thereout by her of all my just debts funeral and testamentory expenses and the expenses of proving this my Will And after the decease of my said wife I give devise and bequeath the whole of my said real leasehold and personal estate and effects whatsoever and wheresoever with their appurtenances unto my son Henry Rushton of Rose Grove near Burnley aforesaid joiner and my friend William Clavert of Rose Grove aforesaid collier their heirs executors administrators and assigns upon trust to sell my real estates together or in parcels by Public Auction or Private Contract with power to mark any special conditions as to title or evidence of title or otherwise and with power to buy in the premises at any public sale or to rescued? either on terms or gratuitously any contract and to resell without being answerable for any consequent loss And to convey and assign the premises ~ respectively so sold to the purchaser or purchasers thereof And to convert and get in my other residuary personal estate And from and out of the moneys arising from such sale and conversion after payment of the expenses attending such sale or sales and all other outgoings in respect of the premises upon trust to pay thereout the sum of One hundred pounds to my Grandson James Rushton the child of my son John Halstead Rushton on his attaining the age of Twenty one years but if he should die under that age the same shall fall into and become part of the residue of my personal estate and from andafter the payment aforesaid upon trust to invest the remainder of the moneys to arise from such real estate and leasehold estates and residuary personal estate in the names or name of the Trustees or Trustee for the time being of my Will in or upon any of the public stocks funds or securities of the United Huigason? or any real or leasehold securities in England or Wales or in Railway Stocks or funds or in any Corporation or company paying dividends with liberty for the said Trustees or Trustee to vary and transpose the investments ~ from time to time for any other investment of the description aforesaid and to stand possessed of the capital and the income to arise from such investments as aforesaid in trust for my children the said Henry Rushton, Margaret Rushton, Elizabeth Clark the wife of William Clark and Mary Alice Rushton to be divided equally among them their respective executors ~ ~ administrators and assigns and the respective shares of such children to be absolutely vested on my decease and the shares of my said daughters Margaret Elizabeth and Mary Alice to be received enjoyed and disposed of by them as their separate estate without the control or interference of their present or any future husband and their receipts to be notwithstanding coverture good and effectual discharges for the same and in case any of my said son or daughters shall die under the age of Twenty one years the share or shares of such one or more so dying shall go to and be equally divided between the rest of my said son and daughter I devise all my real estates (if any) vested in me as Trustee or Mortgage to the said Henry Rushton and William Calvert their heirs executors administrators and assigns subject to the equities affecting the same respectively I empower the Trustees or Trustee for the time being f this my Will to give receipts for all monies and effects to be paid or delivered to such trustees or Trustee by virtue of this my Will and declare that such receipts shall exonerate the persons taking the same from liability to see to the application or disposition of the monies or effects therein mentioned I declare that if my said Trustees the said Henry Rushton and William Calvert or any or either of them shall die in my lifetime or in the lifetime of my said wife or if they or any or either of them or any person or persons to be appointed under this clause shalla fter the death of my said wife die or be unwilling incompetent or unfit to execute the trusts of this my Will or desire to retire from the office is shall be lawful for my said Wife during her life ~ and after her death for the competent Trustees or Trustee for the time being if any of this my Will whether retiring from the Office of Trustee or not or if none for the proving Excecutors or Executor for the time being or the administators or administrator for the time being of the ladt surviving Trustee to substitute by any writing under his or their hand or hands any fit person or persons in whom alone or as the case may be jointly with the surviving or cont? Trustees or Trustee my trust estate shall vest or by proper assurances be vested and I exempt every Trustee of this my Will from liability for losses occurring without his own wilful default and authorise him to retain and allow to his Co-Trustee or Co-trustees all expenses incidental to the Trusteeship I appoint the said Henry Rushton and William Calvert to be Trustees and Executors of this my Will Lastly I revoke all other Wills by me at any time heretofore made In witness whereof I have to this and the two preceding sheets of paper set my hand the third day of February One thousand eight hundred and eighty five.
Signed by the Testator the said James rushton as and for his last Will and Testament in the presence of us present at the same time who at his request in his sight and presence and in the presence of each other hereunto ? our names as Witnesses

Wm Holmes
Sol. Burnley

H. J. E. Holmes
Sol. Burnley

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