Staffordshire Wills

Staffordshire Wills

Stoke-On-Trent

The Will of William FERNIHOUGH of Madeley (my 5th Great Grandfather)

(this was transcribed from a microfilm at my local LDS library, hence all the question marks, and -----'s) The film number was 0096214. In the name of God amen. This is the last will and testament of me William FERNIHOUGH, Farmer, in the parish of Madeley in the County of Stafford. In the words and form as follows that after the payment of my just debts and my funeral expenses I give and bequeath unto my son William FERNIHOUGH the possession of my farm during the term of the lease which I have agreed for with all my stock of cows, horses with all other implements of husbandry that are now in my possession and all my debts that are due to me at my decease and my will is that Grace FERNIHOUGH my wife shall have the Parlour room and the bed with all the furniture belonging thereto and he paying my said wife the yearly sum of five pounds at two separate payments out out of the stock that my son William FERNIHOUGH will have in his possession. I give and bequeath unto Thomas FERNIHOUGH my second son the sum of fifty pounds to be paid him out of the above stock. I likewise give to my wife the uses of thirty pounds during her life that his now in the hands of my son-in-law Richard EDWARDS and after my said wifes decease I give the above thirty pounds to the uses of my said son-in-law Rich. EDWARDS for his benefit and my will is that John FERNIHOUGH of Acton(?) shall have the sum of one shilling. I give to my son Josiah FERNIHOUGH the sum of one shilling and the remainder of all my linen household goods chattels(?) furniture whatsoever and wheresoever that are in my possession at the time of my decease I give and bequeath unto my said son William FERNIHOUGH his executors administrators and align to his and their own proper (end of first page) use and benefit and I do hereby nominate and appoint Grace FERNIHOUGH my wife and William FERNIHOUGH executors of this my last will and testament and lastly hereby revoking all former and other wills by me at any time made. I declare this to be my last will and testament in witness whereof I the said William FERNIHOUGH have set my hand and seal this twenty fifth day of October in the year of our lord one thousand seven hundred and seventy six.

Signature - William Fernagh

Signed sealed and published by the said William FERNIHOUGH as and for his last will and testament who in the presence of us who hereunto subscribe our names as witnesses in his presence and in the presence of each other.

John SMITH William HARDING (end of second page)

At Cheadle - 24th April 1777 Let a probate of this will be granted to William FERNIHOUGH the executor, a power(?) being reserved for Grace FERNIHOUGH widow the executrix to accept the same(?) authority. This being sworn before me - Thos. WHITE Snr(?) Granted (? Jun 9 ?) (And 29th??) [could be April 29th?]

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The will of Phillip FERNIHOUGH (not connected to my family as far as I know...... but maybe one day!). Film number 0096061

--------------------------------- Lichfield - August 1740 - Phillipi FERNIHOUGH of Great Fenton

In the name of God amen, I Phillip FERNIHOUGH of Fenton Culvert otherwise called Great Fenton in the Parish of Stoke-upon-Trent in the County of Stafford gentleman being of sound and disposing mind, memory and understanding (praise be God) do make this my last will and testament hereby revoking annulling and making void all former and other wills and testaments by me at any times heretofore made in manner and fform following (that is to say) First I commend my soul to God ----ing through his meritorious sufferings and death of my ------ saviour Christ Jesus to obtain remission of my sins and to inherit everlasting bliss and glory after death and my body I commit to the earth to be therein (decen)tly interred until it shall be revived by a joyful and glorious resurrection and as to my worldly estate and whereof I shall dye ----sed and possessed I dispose thereof as follows. Also I give and devise to my loving wife Mary FERNIHOUGH and her assigns for and during her natural life in case she so long remains and continues a widow one annuity or yearly rent charge of thirty pounds of lawful money of Great Britain to be issuing and going out of all that my messuages (ffarms?) or tenements and the lands hereto belonging and therewith hold lying and being in the libertyes or townships of (ffolo?) and Madeley Holm and in the parishes of (ffolo?) and Checkley in the said county of Stafford some or one of them and now in the holding of Godfrey BUCKSTONES to be paid in the church porch of the parish church of Checkley aforesaid on every twenty fifth day of March and twenty ninth day of September by equal payments the first payment whereof to be made on such of the said days as shall first happen ----- after my decease and I do hereby will order and direct that all the said payments shall be made without any (abalamont??) or deduction of or for any taxes or payments whatsoever either ordinary or extraordinary and if it happen that the said Annuity or yearly rent charge of thirty pounds or any part thereof shall be behind and unpaid by the sapce of thirty days next after either or any of the said days whereon the same ought to be paid as aforesaid being lawfully demanded that thou and so often it shall and may be lawful to and for the said Mary FERNIHOUGH my wife and her assigns into all and singular my said mesuage ffarm or Tenement lands and (provision?) to ------ and (distrain?) for the said annuity or yearly rent charge of thirty pounds or such part thereof as shall so happen to be arrear or unpaid and the (distress?) or (distresses?) there found to take d--- (load?) or carry away and with her or (thone?) to obtain and keep untill the said Mary FERNIHOUGH my wife and her assigns of the said Annuity or yearly rent charge and of all arrears thereof (if any shall be) and all her and their charges concerning the taking and keeping such (distress?) and (distresses?) shall be fully satisfied and paid provided always and I do hereby declare order and direct that if my said wife shall marry again after my decease that then from and after such after marriage the payment of the said annuity of thirty pounds shall cease and I do hereby revoke the same and in case of such after marriage I give and devise to my said wife one annuity or yearly rent charge of twenty pounds only to be paid on the days aforementioned be equall payments and I do hereby charge all and singular the above (mentioned?) lands and -------s with the payment of the same and for want of payment of the said amount or yearly rent charge of twenty pounds I do hereby will and order that my said wife shall have the like power and liberty from time to time to ------- to (distrain?) ---- ---- same as before given with respect to the said annuity or yearly rent charge of thirty pounds Provided ----- that if my said wife at any time after my death shall claim or challenge any (power?) of in -- or out of any ------- lands tenements or (hereitainwas??) whatsoever whereof I now ---- have been or shll dye s--sed that then ------ --- all and -------- annuities or yearly rent charges shall cease and (dobrinine???) and she shall have no ---------- the same or (either?) of these Also I do hereby give and devise to my son Andrew FERNIHOUGH and his assigns -------- during his natural life an annuity or yearly rent charge of twelve pounds and twelve shillings of lawful money of Great Britain to be issuing and payable out of (my?) the aforesaid messuages and tenements and lands so charged with the -------- said annuity or yearly rent charge to my said wife and also out of all and singular my (water?) (corn?) ------ ---- and (the?) (profits?) ----- of situate and being in the parishes of (ffolo?) and Checkley aforesaid or either of them ---- ----- ------ church porch of the said parish church of Checkley on every twenty fifth of March (end of page 1) ------------- twenty ninth day of September and twenty fifth day of December by equall payments the first payment thereof to be ---- on such of the said days as shall first happen ---- after my decease and I do hereby will order and direct that all the said payments shall be made without any (abalsmont?) or deduction of or for any ----- or payments whatsoever either ordinary or extra ordinary And if it happen that the said Annuity or yearly rent charge of twelve pounds and twelve shillings or any part thereof shall be behind and unpaid by the space of thirty days next after any of the said days --------- the same ought to be paid as aforesaid being lawfully demanded that there and so oft it shall and may be lawfull to and for the said Andrew FERNIHOUGH and his assigns into all and singular the said mesuages ffarm Tenement Lands mill and mills and pro(visions?) to (outer?) and (distrain?) for the said annuity or yealry rent charge of twelve pounds and twelve shillings or such part thereof as shall happen to be arrear or unpaid and the (distress?) or (distresses?) therefound to take drive chase load or carry away and with him and them to detain and keep untill the said Andrew FERNIHOUGH and his assigns of the said annuity or yearly rent charge of twelve pounds and twelve shillings and all arrears thereof (if any be) and all his and their charge concerning the taking and keeping such (distress?) and (distresses?) shall be fully satisfied and paid Also I give and devise the aforesaid mesuages ffarm or tenement mill and mills and all and singular the lands and premises so charged and chargeable with the said several annuities or yearly rent charges as aforesaid and also all that my mesuages ffarm or tenement and all lands and premises thereto belonging and therewith held and enjoyed situate in Madeley Holm and (ffolo?) aforesaid and in the said parrishes of (ffolo?) and Checkley some or one of them now in the holding of Elizabeth WRIGHT, William WRIGHT and John WRIGHT her sons some or one of them And also all those lands which I lately purchased of John HORDERN of the said Township of (ffolo?) and Mary his wife situate and being in Hollington and being in the said Townships liberty or precincts of Madeley Holm and (ffolo?) and the said parishes of (ffolo?) and Checkley in the said county of Stafford some or one of them And also and singular my other mesuages lands tenements ----------- mills and premises whatsoever and whersoever lying and being within the said County of Stafford to my son William FERNIHOUGH his heirs and assigns for ---- Also I give and bequeath to my oldest son Philip FERNIHOUGH doctor of phisick the sum of three hundred pounds to be paid to him at the end of three years next after my death Provided always that if my said son Philip FERNIHOUGH shall not before the end of three years next after my death pay and discharge a debt of three hundred pounds with all interest money due and to be due for the same which is owing to one Mistress MIDDLETON upon a bond given to her by me and my brother Thomas FERNIHOUGH with and as sureties for my said son Philip FERNYHOUGH for securing the payment thereof and shall not procure the said bond to be discharged up to my executor hereafter named or to his legal representative or representatives within the said three years then I do hereby revoke the said legacy of three hundred pounds And I do hereby will and order that the same or any part thereof shall not be paid to my said son Philip FERNIHOUGH Also I give and bequeath to my said son Philip FERNIHOUGH the further sum of two hundred pounds to be paid to him at the end of (five?) years next after my death And I do hereby charge all and singular my said mesuages lands tenements -------- with the payment of the said sum of three hundred pounds to my said son Philip FERNIHOUGH in case the ------ ------- -------- --------- the said payable to him And also with this payment of the said sum of two hundred pounds ------ ------ -------- and bequeath to each of my daughters Mary BEARDSMORE and Elizabeth (DICKEN?) one guinea to be paid to ------ (end of page 2)

within six months after my death Also all the rest and residue of my goods Cattle Chattells Implements of household and husbandry Utensils of gold and silver and personal estate whatsoever and of that nature and kind soever the same is and whersoever lying and being (my debts legacys and funeral charges being thereout first paid and discharged) I give and bequeath to my said son William FERNIHOUGH And I do hereby constitute and appoint my said son William FERNIHOUGH sole executor of this my last will In witness whereof I the said Philip FERNIHOUGH the testator have to this my last will and testament sett my hand and seal the twenty seventh day of May in the year of our lord one thousand seven hundred and thirty four. Signed and sealed by the said Philip FERNIHOUGH Testator and by him published and declared to be last will and testament in the presence of --- attested in his presence by us (Samuel?) -ANDERTON ---- HENSON --SANDERS

(end of Will proper)

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ A codicil to be annexed to the last will and testament of me Philip FERNIHOUGH of Fenton Culvert otherwise Great Fenton in the parish of Stoke upon Trent and County of Stafford gentleman Whereas in and by my said last will and testament I have given to my son Andrew FERNIHOUGH one annuity or yearly rent charge of twelve pounds and twelve shillings during his naturallto be issuing out of my lands tenements and Mills in my said will mentioned and to be paid in the church porch of Checkley in the said county of Stafford on every twenty fifth day of March twenty fourth day of June twenty ninth day of September and twenty fifth day of December by equall payments the first payment to be made on such of the said days as shall next happen after my death and all the said payments to be made without any (absalment?) or deduction whatsoever And in default of payment of the said annuity or yearly rent charge of twelve pounds and twelve shillings or any part thereof within thirty days next after any of the said days mentioned for payment thereof I have given a power to my said son Andrew and his assigns to enter into and upon alland singular my lands tenements Mills and premises in and by my said will charged with the payment of the said annuity or yearly rent charge And thereto (distrain?) for the said annuity or yearly rent charge of twelve pounds and twelve shillings or such part thereof as shall be in arrear And the (distress and distresses?) so to be taken to lead drive carry away keep and detain untill the said annuity or yearly rent charge and all arrears thereof (if any be) and all charges concerning the taking and keeping such (distress and distresses?) shall be fully paid of in and by my said will (relation?) being thereto had more fully doth appear. Now I do hereby revoke the gift or bequest of the said annuity or yearly rent charge of twelve pounds and twelve shillings so given in and by my said will to my said son Andrew FERNIHOUGH during his life And I do hereby give to my said son Andrew FERNIHOUGH one annuity or yearly rent charge of ten pounds only for and during his natural life to be issuing and of my said lands tenements and Mills in my said will mentioned and therein charged with the payment of the said annuity or yearly rent charge of twelve pounds and twelve shillings and I order and direct that the said annuity or yearly rent charge of ten pounds shall be paid to my said son Andrew FERNIHOUGH and his assigns in the church porch of Checkley aforesaid on every twenty fifth day of March and twenty ninth day of September be equall payments the first payment thereof to be made on such of the said days as shall next happen after my death and all the said payments to be made without any (abalement?) or deduction of or for any taxes or payments ordinary or extraordinary And for and in default of payment of the said annuity or yearly rent charge of ten pounds or any part thereof within the sapce of thirty days next after either or any of the days appointed for payment thereof Then I do hereby order and direct that my said son Andrew FERNIHOUGH shall have the like power and liberty from time to time to (distrain?) for the same of in and by my will if given with respect to the said annuity or yearly rent charge of twelve pounds and twelve shillings Provided that if my said son Andrew FERNIHOUGH shall be desirory to have the sum of one hundred pounds in lieu of the said annuity or yearly rent charge of ten pounds and shall signify the same to my son William FERNIHOUGH to whom in and by my said will I have devised the ------ (legacy??) of the said provision so charge with the payment thereof within one month next after my death and I shall and do within that ---- ------- ----- and discharge my said son William FERNIHOUGH his heirs and assigns of and from the payment of the said annuity or yearly rent charge of ten pounds then and in such case only I give to my said son Andrew FERNIHOUGH the sum of one hundred pounds to be paid to him at the end of six months next after my death And I do hereby charge all and singular my messuages lands ------ and ------ ------- --- my will mentioned with the payment of the said one hundred pounds And I give to my said son Andrew FERNIHOUGH my (cloth?) both woollen and linen and all other my wearing apparel (whatsoever?) And I do hereby will and order that this my codicil be taken as part of my will And in all things (except what is ----- and hereby revoked and altered) I do hereby ratify and confirm my said will In witness whereof I have set my hand and seal the (eighteenth?) day of (October?) in the year of our Lord one thousand seven hundred and thirty six. The mark (X) of Philip FERNIHOUGH

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ A second codicil to be annexed to the last will and testament of me Philip FERNIHOUGH of Fenton ------ otherwise Great Fenton in the parish of Stoke upon Trent in the County of Stafford gentleman Whereas in and by my last will and testament I have given and bequeathed to my son Philip FERNIHOUGH Doctor of physick two ----- and legacies the one of three hundred pounds and the other of two hundred pounds to be paid as therein (ins---ed?) which sum of three hundred pounds is by my said will directed to be paid him at the end of three years next after my death upon condition that he should before the end of these three years next after my death pay and discharge a debt of three hundred pounds with all interest (money?) due and to be due for the same to one Mistress MIDDLETON upon a bond given to her by me and my brother Thomas FERNIHOUGH with and as surety for my said son Philip FERNIHOUGH for s---ing the payment thereof as in and being said will (-------- being thereto had) more fully doth appear And whereas my said son Philip FERNIHOUGH hath paid and discharged the said sum of three hundred pounds and all interest due for the same upon the said bond And whereas I have since entered into and now stand bound with and as surety for my said son Philip FERNIHOUGH in our other bond given by me to one Edward DAVIS of (Foodall? Goodall, Hoodall???) in the parish of Moreton Sea in the county of Salop of the penalty of four hundred pounds or some other large sum with condition thereunder written for payment of two hundred pounds with interest on the day or days therein mentioned as by the said last mentioned bond (relation? being thereto had) doth and may appear Now I do hereby will order and direct that if my said son Philip FERNIHOUGH shall not in my lifetime or before the end of three years next after my death pay and discharge the said sum of two hundred pounds for which I stand bound with him as aforesaid and all interest to accrue and grow due for the same to the said Edward DAVIS his executors Administrators or assigns and shall not before the end of the said three years procure the said last mentioned bond to be delivered up to me in my lifetime or to my executor in my said will named or to his legal representative or representatives within three years next after my death and do not in the meantime ai--il? save har---ess and keep ind----fyed my said executor and his representative and representatives (form?) all damages trouble and expence which he they or any of them shall sustain -- suffer for and by reason of the nonpayment of the said two hundred pounds and interest for the same or any part thereof to the said Edward DAVIS his ------ ------- ------ assigns Then I do hereby revoke the said legacy of three hundred pounds so given in and by my will to my said son Philip FERNIHOUGH and therein made payable to him at the end of three years next after my death And I do hereby will and order that the same shall not be paid And in such case I do hereby give and bequeath to my said son Philip FERNIHOUGH the sum of one hundred pounds and no more to be paid at the end of three years next after my death And I do hereby ratify and confirm the other legacy of two hundred pounds by me given and bequeathed to my said son Philip FERNIHOUGH in and by my said will and thereby directed to be paid to him at the end of five years next after my death And I do hereby will and order that this second codicil be taken as part of my said will And in all other things (except what is in the first codicil annexed to my said will and in this my second codicil revoked and altered) In witness whereof I have set my hand and seal this twentieth day of February one thousand seven hundred and thirty seven

The mark (X) of Philip FERNIHOUGH

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A third codicil to be annexed to the will of me Phillip FERNIHOUGH of Fenton Culvert otherwise Great Fenton in the parish of Stoke upon Trent in the county of Stafford, gentleman

Whereas my late brother Thomas FERNIHOUGH deceased in and by his last will and testament in writing hath given and bequeathed to me a certain legacy therein mentioned to be paid after the death of my said son-in-law Arthur BEARDMORE And hath also given abd bequeathed to me the m-i-ty of the surplus of his estate after his debts and legacies are paid and discharged Now I do hereby will order and direct that all and every legacy and legacys sum and sums of money given and bequeathed to me by my said late brother deceased in and by his said will and to which I am or shall be entitled by (witness?) thereof I do hereby give assign and appoint the same to be paid to my son William FERNIHOUGH And I do hereby will and order that this third codicil be taken as part of my will And in all other things (except what is in the first and second codicils annexed to my said will and in this my thiird codicil revoked and altered) I do hereby ratify and confirm my said will in witness whereof I have hereunto set my hand and seal this twentieth day of December in the year of our Lord one thousand seven hundred and thirty eight.

The mark (X) of Phillip FERNIHOUGH

Sealed and delivered in the presence of (Mary?) HARRISON ----- HENSON ----- HENSON

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Lichfield, 25 May 1740 Let a probate of this will and three codicils be made in the ----- --- William FERNIHOUGH, Testator ======================================================================

Submitter Tom Miller

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