Will of Ann Priestnall of The Rough, Chorley, Cheshire - Died 22nd April 1874 at Chorley

Date of will – 8th February 1860

Value - Effects under £100, no leaseholds

Administration

On the eighth day of June 1874 the will of Ann Priestnall late of Chorley in the County of Lancaster, widow, deceased, who died on the 22nd day of April 1874 at Chorley aforesaid was proved in the District Registry attached to Her Majesty’s Court of Probate at Lancaster by the oath of Eliza Livesey, of The Rough in the Parish of Chorley in the said county, (widow), the surviving executor according to the tenor of the said Will, she having been first sworn to duly administer.

Will

This is the last Will and Testament of me Ann Priestnall of Chorley in the County of Lancaster, Widow.
I give and bequeath all the wearing apparel, household linen, blankets, quilts and all the provisions, wines and spirits belonging to me at the time of my decease to my sister in law, Eliza Livesey absolutely.
I give and bequeath unto Sarah Pendlebury my picture called “The Sheltered Peasants”.
I give, devise and bequeath all that grave and appurtenances in Heapey Churchyard which I purchased some time ago unto my nephew Thomas Henry Livesey.
I give and bequeath all my residuary, personal and chattel estates unto the said Eliza Livesey and to my nephew Thomas Henry Livesey their executors, administrators and assigns. Upon the trusts nevertheless hereinafter mentioned I give, devise and bequeath the Messuage or dwelling house, ground and appurtenances which were by a codicil to his Will bearing date the first day of February one thousand eight hundred and fifty four given, devised and bequeathed to my late husband James Priestnall to me, my heirs, executors, administrators and assigns absolutely to and for my own use and benefit but charged and chargeable nevertheless with the payment of the sum of five hundred pounds to be paid by my heirs and assigns to the trustees or trustee for the time being of his will at or before the expiration of twelve months after my decease unto the said Eliza Livesey and to my nephew Thomas Henry Livesey their heirs, executors, administrators and assigns upon the trusts hereinafter mentioned and as the said Messuage or dwelling house, ground and appurtenances and as to all my residuary, personal and chattel estates from and immediately after my decease upon trusts that they my said trustees or trustee for the time being do and shall without convenient speed call in and convert into money such part of my said personal estate as shall not consist of money and do and shall at such time or times after my decease as they she or he shall think proper absolutely sell and dispose of the said Messuage or dwelling house and appurtenances and the said residuary premises and chattel estate either by public auction of private contract to any person or persons willing to become the purchaser or purchasers thereof respectively for such price or sum or sums of money as to my said trustees or trustee for the time being shall seem meet and reasonable and for facilitating such sale do and shall enter into, make and execute all such contracts, covenants, agreements, conveyances, assignments and assurances as to my said trustees or trustee for the time being shall seem proper and upon further trust that they my said trustees or trustee for the time being do and shall stand and be possessed of all and singular the moneys to which shall come to their, her or his hands by the ways and means aforesaid and of the moneys which I shall die possessed of upon the trusts after declared that is to say upon trust thereof to pay  my debts and funeral and testamentary expenses and to pay one fifth of the residue thereof unto my nephew Thomas Henry Livesey one other fifth part or share of the residue thereof unto my nephew John Heys Livesey one other fifth part or share of the residue thereof unto my niece Ellen Foller one other fifth part or share of such residue unto my niece Emma Hodgkinson and the remaining fifth part or share of such residue unto my niece Mary Welling. And I do direct that the receipt or receipts in writing of my said trustees or trustee for the time being for any sum or sums of money payable to them, her or him under or by notice of this my Will shall be a sufficient discharge or sufficient discharges for the same respectively or so or so much thereof respectively as in such receipt or receipts respectively shall be acknowledged to be received and that the person or persons to whom the same shall be given his, her or their heirs, executors, administrators and assigns shall not afterwards be answerable or accountable for any loss, misapplication or non application or be in anywise obliged to see to the application of the money therein expressed to be received provided also that the said trustees or trustee for the time being shall be charged and chargeable respectively for such moneys only as they respectively shall actually receive by virtue of the trusts hereby in them, her or him reposed notwithstanding his or their giving or signing a receipt or receipts for the sake of conformity and shall not be answerable or accountable the one for the other of them but each only for his own acts and defaults respectively and that they, she or he shall not be answerable or accountable for any Banker or with whom or in whose hands any part of the trust moneys shall or may be deposited for safe custody or otherwise in the execution of the trust of this my Will and that they or either of them shall not be answerable or accountable for any misfortune, loss or damage which may happen in the execution of the aforesaid or any of them or relating thereto except the same shall through their own wilful default respectively and that it shall and may be lawful for my said trustees or trustee by and out of the moneys which shall come to their respective by virtue of the trusts aforesaid to reimburse themselves, herself and himself all costs, charges, damages and expenses which they or either of them shall or may expend, disburse or to put unto in or about the execution of the aforesaid trusts in or in relation thereto.
In witness whereof I the said Ann Priestnall have to this my Will set my hand the eighth day of February one thousand eight hundred and sixty. Ann Priestnall

The writing contained on this and two preceding sheets of paper was signed by the above named Ann Priestnall the Testatrix as and for her Will in the presence of us present at the same .time who in her presence and the presence of each other have hereunto set our names as witnesses thereto.

H Pendlebury, Heapey near Chorley
D Constantine, Heapey near Chorley