This is the last Will and Testament of me, Thomas Heath of Warrington in the County of Lancaster, Gentleman, made and published this twenty sixth day of November in the year of our Lord One thousand Seven Hundred and ninety five in Manner following, that is to say: I order and direct all my just Debts Funeral Expences (sic) and the Charge of the Probate hereof to be paid and discharged by my Executors hereinafter named immediately after my decease. I Give and bequeath unto my Kinsman William Heath the Sum of Thirty Pounds; To Joseph Heath Twenty five Pounds and my old Clock; To Richard Heath Thirty Pounds; and to Mary Horrocks my Servant in case she shall live with me at the time of my decease (but not otherwise) the Sum of Thirty Pounds. I Give and bequeath unto my Brother William Heath one Annuity or yearly Rent Charge of Ten Pounds, to be issuing and payable unto him during the Term of his Natural Life from and out of my Estate in Coppenhall in the County of Chester, by two equal Payments in each year: that is to say the twenty ninth day of September and the twenty fifth day of March, the first payment to be made upon such of those days as shall first happen after my decease and subject thereto. I Give and bequeath unto my Son Thomas Heath, his Executors and Administrators: All and every my personal Estate to and for his own use. I Give and devise unto Jonathan Mercer and George Birchall (two of my Executors hereinafter named), their Heirs and Assigns: All and every my Estates of Inheritance whatsoever and wheresoever: To hold the same unto the said Jonathan Mercer and George Birchall, their Heirs and Assigns, To the Uses upon the Trusts and to and for the Intents and purposes hereinafter mentioned that is to say: To the Use and Behoof of my said Son Thomas Heath and his Assigns during the Term of his Natural Life without Impeachment of Waste; And from and after the Determination of that Estate by Forfeiture or otherwise: To the Use of Peter Booth of Orford Yeoman and his Heirs during the Term of the Natural Life of my said Son Thomas In Trust to preserve the contingent Remainder hereinafter limited from being defeated or destroyed, and for that purpose to make Entries and bring Actions as Occasion may require, but nevertheless to permit and suffer my said Son Thomas and his Assigns to have, receive and take the Rents, Issues and Profits thereof during the term of his Natural Life. And from and after the decease of my said son: To the Use and Behoof of the first Son of the Body of my said Son Thomas lawfully to be begotten, and the Heirs Male of such first Son lawfully issuing. And for default (of) such Issue: To the Use of the second, third, fourth, fifth, sixth and all and every other Son and Sons and the Heirs Male of his and their Body and Bodies; the Eldest of such Son and Sons and the Heirs Male of his and their Body and Bodies being always preferred, and to take before the Younger of such Son and Sons and the Heirs Male of his and their Body and Bodies; And for Default of such Issue: Then To the Use of all and every the Daughter and Daughters of my Son Thomas lawfully begotten and their Heirs for ever, equally to be divided amongst them as Tenants in Common and not as Jointenants; And in default of such Issue: Then as to my Estate in Coppenhall: To the Use and Behoof of my two Kinsmen Samuel and John Heath and their respective Assigns during their lives respectively as Tenants in Common, not as Jointenants, but charged and chargeable nevertheless with the payment of the Sum of One Hundred Pounds to each of their Sisters. And from and after the determination of the Estate and Interest hereby given to the said Samuel and John Heath or either of them, Then to the Use of the said Peter Booth and his Heirs during the respective Lives of the said Samuel and John Heath In Trust to preserve the contingent Remainders hereinafter limited from being defeated or destroyed and for that purpose to make Entries and bring Actions as Occasion may require, but nevertheless to permit and suffer the said Samuel and John Heath and their respective Assigns to have, receive and take the Rents, Issues and Profits thereof (subject as aforesaid) during the term of their respective Lives. And after the Death of one of them: Then as to one Moiety: To the Use and Behoof of the first Son of the Body lawfully begotten of such of them (the said Samuel and John Heath) as shall first die and the Heirs Male of such first Son lawfully issuing;
And for default of such Issue: To the Use and Behoof of the second, third, fourth, fifth, sixth and all and every other Son and Sons and the Heirs Male of his and their Body and Bodies, the Eldest being always preferred and to take before the Younger of such Son and Sons and the Heirs Male of his and their Body and Bodies;
And for default of such Issue: To the Use of all and every the Daughter and Daughters of such of them the said Samuel and John Heath as shall first die and their Heirs as Tenants in Common and not as Jointenants.
And As to the other Moiety of the said Estate: From and after the Death of the Survivor of them (the said Samuel and John Heath): To the Use and Behoof of the First Son of the Body of the Survivor of them the said Samuel and John Heath lawfully begotten and the Heirs Male of such first Son lawfully issuing;
And for default of such Issue: To the Use and Behoof of the second, third, fourth, fifth, sixth and all and every other Son and Sons and the Heirs Male of his and their Body and Bodies, the Eldest of such Sons and the Heirs Male of his and their Body and Bodies being always preferred, and to take before the Younger of such Son and Sons and the Heirs Male of his and their Body and Bodies.
And for default of such Issue: To the Use of all and every the Daughter and Daughters of the Survivor of them (the said Samuel and John Heath and their respective Heirs as Tenants in Common and not as Jointenants. And as to both the said Moities: In default of such Issue as aforesaid: To the Use and Behoof of my own Right Heirs for ever. And As to my Estate in the Township of Latchford: To the Use and Behoof of my Kinsman Thomas Heath and his Assigns during the Term of his Natural Life without Impeachment of Waste; And from and after the Determination of that Estate by forfeiture or otherwise: To the Use of the said Peter Booth and his Heirs during the Term of the Natural Life of the last named Thomas Heath In Trust to preserve the contingent Remainders herein after limited from being defeated or destroyed, and for that purpose to make Entries and bring Actions as Occasion may require, but nevertheless to permit and suffer the said last named Thomas Heath and his Assigns to have, receive and take the Rents, Issues and Profits thereof during the Term of his Natural Life.
And from and after his decease: To the Use and Behoof of the first Son of the Body of the said last named Thomas Heath lawfully issuing.
And for default of such Issue: To the use of the second, third, fourth, fifth, sixth and all and every other Son and Sons and their Heirs Male of his and their Body and Bodies, the Eldest of such Son and Sons and the Heirs Male of his and their Body and Bodies being always preferred, and to take before the Younger of such Son and Sons and the Heirs Male of his and their Body and Bodies.
And for default of such Issue: then To the Use of all and every Daughter and Daughters of the said last named Thomas Heath and their Heirs as Tenants in Common and not as Jointenants. And in default of such Issue: Then to the Use and behoof of my own Right Heirs for ever. And as to my Dwellinghouse upon Pinmakers Brow within Warrington (wherein George Birchall now lives) with the Appurtenances, and also my Lands called Dallom and Bewsey Fields within Warrington: To the Use and Behoof of my Kinsman William Heath and his Assigns during the term of his Natural Life without Impeachment of Waste.
And from and after the determination of that Estate by Forfeiture or otherwise: To the Use of the said Peter Booth and his Heirs during the Term of the Natural Life of the said William Heath In Trust to preserve the contingent Remainders hereinafter limited from being defeated or destroyed, and for that purpose to make Entries and bring Actions as Occasion may require, but nevertheless to permit and suffer the said William Heath t o have, receive and take the Rents, Issues and Profits thereof during the term of his Natural Life.
And from and after his Decease: To the Use and Behoof of the first Son of the Body of the said William Heath lawfully to be begotten and the Heirs Male of such first Son lawfully issuing. And for default of such Issue: To the Use of the second, third, fourth, fifth, sixth and all and every other Son and Sons and the Heirs Male of his and their Body and Bodies, the Eldest of such Son and Sons and the Heirs Male of his and their Body and Bodies being always preferred, and to take before the Younger of such Son and Sons and the Heirs Male of his and their Body and Bodies.
And for default of such Issue: then to the Use of all and every the Daughter and Daughters of the said William Heath and their Heirs as Tenants in Common and not as Jointenants.
And in default of such Issue: to the Use and Behoof of my own Right Heirs for ever. But I Order and direct that the Premises hereby settled upon the said William Heath and his Heirs shall be subject to the payment of an Annuity or yearly Rent Charge to his Father and Mother during their joint Lives of Twenty Pounds; and after the death of either of them then to an Annuity of Ten Pounds only during the Life of the Survivor; the same to be paid and payable by two equal payments in each year, viz: the twenty fifth day of March and the twenty ninth day of September, the first payment to be made upon such of those days as shall first happen after the said William Heath shall come into possession of the said Premises. And as to the Dwellinghouse where I now dwell, and the Gardens thereto belonging, and the Cottages which I purchased from Mr Galbreath: To the Use and Behoof of my Kinsman Joseph Heath and his Assigns during the Term of his Natural Life without Impeachment of Waste.
And from and after the Determination of that Estate by Forfeiture or otherwise: To the Use of the said Peter Booth and his Heirs during the Term of the Natural Life of the said Joseph Heath In Trust to preserve the contingent Remainders hereinafter limited from being defeated or destroyed, and for that purpose to make Entries and bring Actions as Occasion may require, but nevertheless to permit and suffer the said Joseph Heath and his Assigns to have, receive and take the Rents, Issues and Profits thereof during the Term of his Natural Life.
And from and after his decease: To the Use and Behoof of the first Son of the Body of the said Joseph Heath lawfully to be begotten and the Heirs Male of such first Son lawfully issuing.
And for default of such Issue: To the Use of the second, third, fourth, fifth, sixth and all and every other Son and Sons and the Heirs Male of his and their Body and Bodies, the Eldest of such Son and Sons and the Heirs Male of his and their Body and Bodies being always preferred, and to take before the Younger of such Son and Sons and the Heirs Male of his and their Body and Bodies.
And for default of such Issue: to the Use of All and every the Daughter and Daughters of the said Joseph Heath and their Heirs as Tenants in Common and not as Jointenants.
And in default of such Issue: to the Use and Behoof of my own Right Heirs for ever.
And as to the House and Shop where my said Son Thomas now resides in Warrington aforesaid: To the Use and Behoof of my Kinsman Richard Heath and his Assigns during the term of his Natural Life without Impeachment of Waste.
And from and after the Determination of that Estate by forfeiture or otherwise: To the Use of the said Peter Booth and his Heirs during the Term of the Natural Life of the said Ricahrd Heath In Trust to preserve the contingent Remainders hereinafter limited from being defeated or destroyed, and for that purpose to make Entries and take Actions as Occasion may require, but nevertheless to permit and suffer the said Richard Heath and his Assigns to have, receive and take the Rents, Issues and Profits thereof during the Term of his Natural Life.
And from and after his decease: To the Use and Behoof of the first Son of the Body of the said Richard Heath lawfully to be begotten and the Heirs Male of such first Son lawfully issuing.
And for default of such Issue: To the Use of the second, third, fourth, fifth, sixth and all and every other Son and Sons and the Heirs Male of his and their Body and Bodies, the Eldest of such Son and Sons and the Heirs Male of his and their Body and Bodies being always preferred, and to take before the Younger of such Son and Sons and the Heirs Male of his and their Body and Bodies.
And for default of such Issue: to the Use of All and every the Daughter and Daughters of the said Richard Heath and their Heirs as Tenants in Common and not as Jointenants.
And in default of such Issue: to the Use and Behoof of my own Right Heirs for ever. And as to my Estate in the Township of Bedford: In Trust to pay to John Lythgoe the Rents, Issues and Profits therof during the term of his Natural Life.
And from and after his decease: Upon Trust to sell and dispose of the same for the best Price and most Money that can begotten (sic) for the same and pay and divide the Money arising by Sale thereof unto and equally amongst the children of the said John Lythgoe who shall be living at the time of his decease, and the Issue of such of them as shall then be dead; such Issue taking their Parents share only.
And I do direct that the Receipt of my said Trustees shall be a sufficient Discharge for the Purchase Money and that the Purchaser shall not be in any wise answerable for the Misapplication thereof.
And as to my Plot of Land in Arpley: I give and devise the same to the Trustees of the Charity School in Warrington, and I request my Heir at Law to join in making a proper conveyance thereof.
And as to my Leasehold Estate in Groppenhall (sic) (Grappenhall?): I Give and devise the same to said Trustee Peter Booth for the term of ninety nine years (in case the Lives by which the same is held or any of them should so long live) Upon Trust to permit my said Son Thomas Heath to hold and enjoy the same for so long of the said term of ninety nine years as he shall happen to live, and likewise his Issue after him, in the same Manner as my Estates of Inheritance are hereinafter devised to him and them.
And if he should have no Issue: Then In Trust for my said Kinsman Thomas and his Issue in like Manner as I have before given my Lands in Latchford to him.
And I Order and direct that my Executors shall have all just and reasonable Allowances for their Troubles and Expences in the Execution of this my Will.
And Lastly, revoking all former Wills by me at any time heretofore made, I publish and declare this to be my last Will and Testament and thereof do nominate and appoint the said Jonathan Mercer, George Birchall and William Heath Executors, hoping that they will see the same duly performed as my Trust is in them reposed.
In Witness whereof I, the said Thomas Heath (the Testator), have to the six first Sheets of this my Will (contained upon Seven Sheets of Paper) Set my Hand; and to the seventh and last Sheet thereof my Hand and Seal the Day and Year first within written.
Thomas Heath
Signed, Sealed, Published and Declared by the said Testator Thomas Heath as and for his last Will and Testament in the presence of us who hereto subscribe our Names as Witnesses to attest the same in the sight and presence of the said Testator and of each other:
W Maire Thos Claughton Thos Longshaw Dated 26th Novr 1795
Mr Heath's Will Above one hundred pounds & under three hundred pounds The first Day of May 1802 Jonathan Mercer, George Birchall & William Heath the Executors were sworn in common form before me Dan Mathias (?) Probate issued Dated 1st May 1802.
Submitter Geoff Heath
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