WILL OF CHRISTOPHER LISTER

COLNE, LANCASHIRE, ENGLAND

FS #99784  Salt Lake Family History Library

This is the last will and testament of me, Christopher Lister, of the County of Lancaster, Gentleman.  In the first place, I do direct the payments of my just debts and funeral expenses by my executors hereinafter named.  Whereas I have already surrendered or do intended herafter to surrender all and every my 4 copy-hold messuages, cottages, lands, tenements, hereditaments and premises within the Manor of Colne and in the Forest of  Trawden, within the same Manor with their respective appurtenances.  To the use of Thomas Grimshaw of Barrowford in the said county, Gentleman, and Hartley Laycock of Coln Field, near Colne, aforesaid corn dealer, their heirs and assigns forever upon such trusts and to and for such uses and intents and purposes as are or shall be limited and appointed, mentioned, expressed and declared of an concerning the same in and by my last will and testament or any codicil or codicils thereto as in the said surrender respectively are mentioned.

Now, I the said testator, by this my last will and testament in pursuance and execution of the powers and authorities in me vested, by the said surrender respectively and all other powers and authorities, whatsoever in any wise to me belonging, do limit and appoint, mention, express, and declare, and concerning the same, that is to say, I give and devise unto my said trustees and their heirs all that my newly erected messuage or dwelling house, situate on Colne Field, aforesaid called Horsefield Cottage, with the barn, stable, and other outbuildings, garden, yard, and appurtenances to the same belonging and also all the meadow thereto adjoining called Horsefield Meadow ______ trust that they my said trustes and the survivors of them and his heirs ______.  And do receive and take the rents, issues and profits of the said premise and aftrer paying and expending such sums of money, as from time to time shall be necessary in keeping the said premises in trust and good repair and the expense incident to the trust hereby in them reposed, relating thereto, shall and do pray the residue of such rents, issues, and profits unto and into the proper hands of my daughter, Elizabeth Lister, for and during the term of her natural life, whose receipt alone for the same under her hand, not withstanding her coverture and whether she shall be covert or sole ______  no other persons from time to time be a good and effectual discharge to my said trustees and the survivors of them and his heirs for the said rents, issues, and profits, and from and immediately after her decease, I direct that myi said trukstees and the survivor of them and his heirs, shall stand and be seized of the said premises in trust for the issue of the said Elizabeth Lister, who should be living at her death and in such shares and proportions or to wone of such issue only and the heirs and assigns of such issue in such manner and form as the said Elizabeth Lister, by any writing to be by her and executed by her last will and testament or writing in the nature thereof to be bk her so executed, notwithstanding her    _______ and whether she shall be  _______ or sole, shall give, devise, limit, or appoint the same premises and in default of such gift devise limitation or appointment, and as to such,  such part of the said premises to which the same shall not ______ to be thereby limited and appointed which shall cause and determine in trust for the right heirs of the said Elizabeth Lister, equally among them as tenants in common, forever.  In case the said Elizabeth shall leave any issue living after her death, but if the said Elizabeth Lister shall leave no issue living at her death, then upon trust from and immediately after her decease for all and every, the Listers, except Nancy Leeming of the said Elizabeth Lister, and the children of her deceased sister, Mary,  the late wife of Bernard Crooke, and their respective heirs and assigns forever as known in common, and not as joint tenants, the children of the said Mary Crooke, taking  only such part as their mother would have taken if living, and such part or share to be equally divided amongst such children as tenants in common and not as joint tenants.  And I hereby direct that in case I shall depart this life before the inside of the said messuage, called Horsefield Cottage, together ;with the outbuildings and garden shall be fully finished and completed according to my previous plans and intentions that then my said trustees and the survivor of them and his heirs shall finish and complete the same out of and at the expense of my personal estate for which purpose I gives and bequeath to them so much thereof as shall be necessary.

I also give and bequeath unto my said daughter, Elizabeth, her executors and administrators, all my household furniture, beds, extra bedding, plate, linen, china, and all such articles of housekeeping as I may be possessed of at the time of my decease.  Also I give and devise unto my said trustees and their heirs all those ______ four cottages or dwelling houses situate in Yorkshire Street in Colne, aforesaid, now in the occupation of Preston Butler, the overseers of the Par(ish) of Colne, and Mrs. Petty, and also all the said cottage or dwellinghouse No. 5 , situate on the lower side of Lister Street in Colne, aforesaid, ______  ______, the occupation of ______  Molineaux, and otheres, together with all the singular, the rights, members, and appurtenances to the said premises, respectively belonging upon trust, that they, by said trustees, and the survivor of the, and his heirs, shall and do receive and take the rents, issues, and profits of the said premises, lastly, hereinbefore devised, and after paying and expending such sums of money as from –time to time—shall be necessary in keeping the said premises in proper and good repair, and the expense incident to the trust in thjem reposed ______ thereto shall and do pay the residue of such rents, issues, and profits unto and int the proper hands of my daughter, Ellen, the wife of Thomas Riding, for and during the term of her natural life, whose receipt alone for the same under her hand,  notwithstanding her coverture, and whether she shall be covert or sole, and no other persons shall from time to time be a good and effectual discharge to my said trustees and the survivors of them and his heirs for the said rents, issues , and profits and from and immediately after her decease I direct that my said trustees and the survivors of them and his heirs shall stand and be seized of the said premises in trust for the issue of the said Ellen Riding, who shall ______ at her death and in such shares and proportions, or to one of such issue only, and with the heirs and assigns of such issue and in such manner and form as the said Ellen Riding by any deed or willing to be by her duly executed, or by her last will and testament or writing in the nature thereof to be by her so executed, notwithstanding her coverture, and whether she shall be covertor, she shall give, devise, limit or appoint the same premises and in default of such gift, devise limitation      _______ appointment, and as such part of said premises to which the same shall not _______.   And as the estates to be thereby limited and appointed, which shall cease and determine in trust for the right heirs of the said Ellen Riding, equally among them as tenants in common forever, in case the said Ellen Riding shall leave any issue living at her death.  But if the said Ellen Riding shall leave no issue living at her death, then upon trust from and immediately after her decease for all and every, the Listers, except Nancy Leeming, of the said Ellen Riding and the children of her said deceased sister,  Mary, and their respective heirs and assigns, forever as tenants in common and not as joint tenants, the children of the said Mary Crooke, taking only ih such part or shares as their mother would have taken if living, and such part or share to be equally divided amongst such children as tenants in common, and not as joint tenants.

Also, I give and devise unto my said trustees and their heirs all those my four parts or shares in the messuages or dwelling house now erecting by subscription in the Townend Meadow, formerly belonging to me and Mr. Edmund Wharton, and which meadow we have contracted to sell to the several persons associated together for the erection of the said messuages.  But, the purchase money, whereof, is yet unpaid, and also all the money which I have already subscribed and paid on account of the said buildings, and also all that messuage or dwelling house situate in Clayton Street, in Colne aforesaid, now in occupation of Joseph Woodhead, and all those two messuages and dwelling houses situate in Colne aforesaid, now in the occupancy of Thomas Leeming and Thomas Roseter, and also all the cl____ or parcel of meadow land situate in the township of Colne, aforesaid, called Back Lane Meadow, together with all and singular the rights, members, and appurtenances to the said premises, respectively, belong upon trust that they, my said trustees and the survivor of them and his heirs, do and shall receive and take the rents, issues, and profits of the said premises, lastly hereinafter devised and, after paying and expending such sums of money, as from timee to time shall be necessary in keeping the said premises in proper and good repair, and the expence incident to the trust hereby in them reposed, relating thereto, shall and do pay the residue of such rents, issues, and profits in manner following, that is to say, upon trust to divide such residue into six parts or shares and upon trust during the respective minorities of the six children of the said Bernard Crooke, by my deceased daughter, to pay rents of the said Bernard Crooke and his assigns, one sixth part or share of such rents, issues, and profits for everyone of such children, respectively being under the age of twenty-one years, and until they shall respectively attain that age and when and as they shall respectively attain the said age of twenty-one years, and immediately thereupon, upon trust as to one sixth part or share of the said premises for each and every such child so living to attain the said age his or her heirs and assigns forever, provided always that if any of the said six children shall happen to depart this life under the said age of twenty-one years, thenand in such case, the expectant part or share of every such child dying under the said age, shall go or remain over to his or her surviving brothers or sisters, who shall live to attain that age and their heirs and assigns equally amongst them as tenants in common and not as joint heirs and assigns equally amongst them as tenants in common and not as joint tenants, and then and in such case also the said Bernard Crooke and his assigns shall during the respective minorities of such surviving brothers and sisters, be entitled to the rents and profits of the increased expectant parts or shares of the said premises of every such living brother or sister until he or she shall attain the said age of twenty-one years.  And I do hereby declare that in case I shall depart this life before I shall have paid my full subscription, necessary for completing and finishing the said messuages or dwelling houses and erecting by subscription and foresaid according to the present plans and intentions, the subscriber that shall    ________ and the survivor of them shall pay and discharge such parts of the said subscriptions as may be unpaid or become over in respect to my said four parts or shares in the said messuasges or dwellinghouses, out of and the expence of my personal estate.  And I accordingly give and bequeath to my said trustees and survivors of them and his heirs so much of my said personal estate as shall be necessary for the above purpose, and I do direct that the money which shall be so laid out as aforesaid, shall accordingly be considered as part of my said four parts or shares of and in the same messuages or dwelling houses, and ______ be disposed of in like manner as is hereinbefore directed with respect to such four parts or shares also, I give, divise, and bequeath unto my said trustees and their heirs, executors, and administrators all those messuages, cottages, or dwellinghouses, shops, and other hereditaments and premises situate in Trawden, aforesaid, now in the occupation of William Horsley, Joseph Moore, and ______ Ord.   And also all those my five cottages or dwellinghouses and other premises situate in Colne Lane and also  all those my eight shares in Colne Master Works and the conveniences thereto belonging and all my interest therein.   And also the sum of 125 pounds owing to me by the trustees of the Blackburn and Cocking End Turnpike Road, and also all that my one share in Colne Piece Hall, together with all the singular, the rights, members and appurtenances to the said hereditaments, monies, and premises lastly hereinbefore devised and bequeathed, belonging upon trust that my said trustees and the survivors of them, his heirs, executors, or administrators shall and do receive and take the rents, issues, interest, dividends, and profits of the said hereditaments, monies , and premises lastly hereinbefore devised and bequeathed to them.  And after expending such sums of money as from time to time shall be necessary in keeping the said buildings and premises in good and proper repair and the expences incident to the trust thereof   ______ _______ reposed in them relating thereto shall and do pay the residue of such rents, issues, interest, dividends, and profits unto and into the proper hands of Christiana Hartley, daughter, wife of William Hartley, for and during the term of her natural life ______ alone for the same under her hand, notwithstanding, her coverture and worth, shall be covert or sole, and no other persons shall be from time to time a good and ______  discharge to my said trustees and the survivor of them and his heirs, executors or administrators for the said rents, issues, interest, dividends, and profits and ______.  After her decease, I direct that they shall stand seized and possessed of the said hereditaments, monies and premises, last mentioned in trust, for the issue of the said Christiana Hartley,  who shall be living at her death and such shares and proportions or to one of _____ only and the heirs, executors, and administrators of such issue and in such manner _______, form as the said Christiana Hartley, by any deed ______  to be by her decease _______, notwithstanding her coverture and whether she shall be covert or sole, shall ______ direct ______ limit, or appoint the same hereditaments, money, and premises, and in default of _______ appointment and as to such parts of the same hereditaments, money, and premises, to which the same shall not extend, and as to the estates to be thereby divided and appointed, which shall cease and determine in trust for and to be divided expressly among the right heirs and legal personal representatives of the said Christiana Hartley forever.  In case she shall leave no issue living at her death, then upon trust from and ikmmediately after her decease for all and every, the sisters of Christiana Hartley, except the said Nancy Leeming, and the children of her deceased sister, the said Mary Crooke, and their respective heirs, executors, administrators, and assigns, forever, as tenants in common and not as joint tenants, the children of the said Mary Crooke taking only such part or share as their mother would have taken if  living and such part or share to be equally divided amongst such children as tenants in common and not as joint tenants.

I also give and devise unto my said trustees and their heirs all those my five double houses, No. 12, 13, 15, 17, and is situate in Lister Street, aforesaid, and all those my three small dwelling houses in High Street in Colne, aforesaid, together with all and singular the rights, members and appurtenances to the said premises respectively, belonging and ujpon trust that they, my said trustees, and the survivor of them and his heirs, shall and do receive and take the rents, issues, and profits of the said premises and after paying and expending such sums of money as from time to time shall be necessary in keeping the said premises in proper and good repair, and the expences incident to the trust hereby in them reposed relating thereto shall and do pay the residue of such rents, issues, and profits unto and into the proper hands of Nancy, wife of Thomas Leeming, my daughter by my former wife, for and during the term of her natural life, whose receipt alone for the same under her hand, notwithstanding her coverture, and whether she shall be covert or sole, and not other persons shall from time to time be a good and effectual discharge to my said trustees and the survivor of them and his heirs for the said rents, issues, and profits, and from and immediately after her decease.  I direct that my said trustees and the survivor of them and his heirs shall stand and be seized of the said premises in trust for the issue of the said Nancy Leeming, who shall be living at her death and in such shares and proportions or to one of such issue only and the heirs and assigns of such issue.  And inb such manner and form as the said Nancy Leeming by any deed or writing to be by her duly executed or by her last will and testament or writing in the nature thereof to be by her or executed notwithstanding her coverture and whether she shall be covert or sole, shall give, devise, limit, or appoint the same premises and in default of such gift devise limitation or appointment and as to such part of the said premises to which the same shall not extend and as to the estates to be thereby limited and appointed which shall cease and determine in trust for the right heirs of the said Nancy Leeming, equjally among them as tenants in common forever, in the case the said Nancy Leeming shall leave any issue living at her death.  But, if the said Nancy Leeming shall leave no issue living at her death, then upon trust from and immediately after her decease for all and every, the half sisters of the said Nancy Leeming and the children of her deceased half sister, the said Mary Crooke, daughters of the said testator, and their respective heirs and assigns forever, as tenants in common and not as joint tenants, the children of the said Mary Crooke, taking only such part or share as their mother would have taken if living, and such part or share to be equally divided amongst such children as tenants in common and not as joint tenants.  I give and bequeath unto my said daughter, Nancy Leeming, the sum of fifty pounds to be paid to her immediately on my decease and her receipt only, notwithstanding, her coverture.  And no other persons shall be a sufficient discharge for the same.

I also give and bequeath to my stepmother, Betty Lister, the sum of five pounds to be paid to her if she shall be living at the end of calendar months next after my decease.

I do also give and bequeath to my brother, Samuel Lister, all my wearing apparel and whereas the purchase money for my undivided moiety of the said Townend Meadow is still unpaid and no surrender has yet been passed of the said meadow to the purchasers, thereof, Now I do hereby give and devise all that my undivided moiety of and in the said meadow unto the said Thomas Grimshaw and Hartley Laycock and the survivor of them and his heirs upon trust upon payment of the purchase money thereof surrender and convey the same to the purchaser or purchasers, thereof.  And I do hereby declare that the receipts or receipt of the said Thomas Grimshaw and Hartley Laycock or the survivor of them and his heirs be a sufficient discharge to the purchaser or purchasers, thereof, who shall not be obliged  to see the application thereof, or be answerable or accountable for the misapplication or nonapplication, thereof, and I do further declare that the said trustees and the survivor of them and his heirs shall stand and be possessed thereof accordingly.

I give and bequeath all the rest residue and remainder of my estate and effects whatsoever and wheresoever not herein before by me otherwise disposed of in the manner following:  that is to say, one fourth part or share, thereof, to my said daughter, Elizabeth Lister; one other fourth or share to my said daughter, Ellen Riding; and one other fourth part or share to my said daughter, Christiana Hartley, and the remaining fourth part or share thereof, I give and bequeath unto the said Bernard Crooke upon trust ______ and divide such last mentioned fourth part or share unto and equally between and among all and every his children by my daughter, his late wife, who shall live to attain the age of twenty-one years old.  And when they shall respectively attain that age and immediately, thereupon, and in the meantime said until they shall attain such age upon trust to appropriate the interest or profits of the parts or shares which his said children, who shall be under that age may be prospectively entitled to, to and for his own use and benefit.  And if either of myh said daughters, Elizabeth Lister, Ellen Riding, and Christiana Hartley should happen to decease in my lifetime leaving children or issue living at the time of my decease, I give and bequeath the share which the daughter so dying would have been entitled if she had survived me unt the children or issue of such deceased daughter, to be divided between or amongst such children or issue as tenants in common And in case either of my said daughters, Elizabeth Lister, Ellen Riding, and Christiana Hartley should happen to die in my lifetime without leaving children or issue living at my decease, then and in such case, the share of the daughter so dying shall go and be paid to and equally amongst the survivors of my three daughters or their children and the children of my deceased daughter, Mary Crooke, the children of my said daughter, Mary Crooke, and the children of any other of my said daughters who may be then dead, taking only the share or part which their mother would have taken if living, such share to be equally divided amongst such children as tenants in common, provided always.  And I do hereby expressly order and direct that the provisions I have hereby made for my said daughters, Elizabeth Liater, Ellen Riding, Christiana Hartley, and Nancy Leemning accept what I have given to them absolutely.  And also what may come to my said previously mentioned daughters, upon the contingencies I this, my last will, shall not be subject or liable to the control or interference or direction, debts, or engagements of their husbands, but shall be absolutely at their own separate and exclusive disposal, in the same like manner as if they were sole and unmarried, and their receipts, notwithstanding any of their coverture, shall be sufficient discharges provided always.  And I do hereby also order and direct that my said trustees and executors and the survivor of them and his heirs, executors and administrators shall pay and reimburse themselves out of the monies that shall come to their hands in the execution of this my will.  All such costs, charges, and expences, as they shall incur or be put into the execution thereof, together with a reasonable compensation for their trouble, and that none of them, his heirs, executors or administrators shall be answerable or accountable for more money than shall actually come to his or heir hands, respectively, or be received by him or them respectively.  Nor shall any of them, his heirs, executors, or administrators, be answerable or accountable for each other, but for himself, only, and his own acts and defaults, nor for any involuntary by bad securities, or from misapplications of trust monies, under this my will, and only for such as shall happen through or by his or their own wilful neglects or defaults.

I do hereby nominate, constitute, and appoint my said sons-in-laws, Bernard Crooke, and William hartley, and James Wilson of Heyroyd, near Colne, aforesaid, Gentalman, Joint Executors of this my will, hereby revoking all former wills by me at any time, heretofore made.

In witness, whereof, I, the said testator, have to this my last will and testament contained in this and eight preceding sheets of paper, hereunto, annotated, set, and affixed my hadnd and seal, that is to say, my hand to the eight first sheets, hereof, at the bottom, thereof respectively, and my hand and seal to this ninth and last sheet, hereof, this seventh day of April in the year of our Lord, One Thousand Eight Hundred and Twenty: Chris (topher) Lister.

Signed, sealed, published, and declared by the said testator as and for his last will and testament I the presence of us, who in his presence at his request and in the presence of each other have subscribed our names as witnesses, that is to say, our initials on the margin at the bottom of each of the preceding sheets and our names to this last sheet “the words” for the said rents, issues, and profits and from and immediately after her decease I direct that my said trustees and the survivor of them and his heirs, having been informed in the eighth line of the third sheet.

Thomas Lister, shopman with the undersigned

Wm. Richmond

Will Richmond, Iron Monger, Colne

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