Tuesday, April 21, 2009
Will of John Whottall Burlton, 1819.
WILL OF JOHN WHETTALL BURLTON, MY GREAT-GREAT-GREAT-GREAT-GREAT GRANDFATHER.
By permission of Almighty God I, John Whettall Burlton of English Frankton in the parish of Ellesmere in the county of Salop, Esquire, being sick and weak in body but of sound and disposing mind and memory do make and ordain this my last will and testament in manner following( that is to say)
Whereas my dear Wife Elizabeth Burlton is provided for by settlement on her marriage with me but in token of the love and affection I have and bear for and towards my said wife I give and devise unto her ALL that my messuage or dwelling house with the Garden and Croft of land thereto adjoining which I lately purchased off and from Mr. William Jenks situate and being in English Frankton aforesaid to hold to her, my said wife Elizabeth Burlton and her assigns for and during the term of her natural life, free from all taxes and other deductions, Parliamentary or otherwise except the window duty.
I also give to my said wife all and every the household goods
and furniture, plate, linen and china which shall happen to be in and upon the said messuage or dwelling house and premises at the time of my decease to and for her own use and benefit forever.
And I do hereby give, devise and bequeath unto my said wife Elizabeth Burlton and her assigns for and during the term of her natural life one annuity or clear yearly rent or sum of forty pounds of lawful British currency free of all taxes and other payments, deductions, Parliamentary or otherwise to be issuing and payable out of and from all other my freehold estate not hereinbefore mentioned and to be paid and payable by four quarterly payments in the year (viz) at and upon the 25th day of March, the 24th day of June, the 29th day of September and the 25th day of December; the first payment thereof to be on such of the same days that as shall first and next happen after my decease in addition to any other annuity and sums or sums of money or other property which my said wife shall or may be any ways entitles unto under or by virtue of the said marriage settlement and this my will or either of them.
And it is my will and I do hereby direct that my said wife shall have and receive the sum of twenty pounds within one month of my decease in part and on account of the two first quarterly payments of her annuities under the said Settlement and this my will.
I give the sum of three hundred pounds unto such persons or persons and for such intents and purposes as my daughter Elizabeth Oakley notwithstanding her coverture shall by any writing or writings signed with her hand order, direct or appoint and for default of and in the mean time until she shall make or give such order, direction or appointment do and shall pay the yearly interest and produce thereof into the proper hands of my said daughter Elizabeth Oakley for her own sole and separate use and disposal exclusive of her husband and wherewith he shall not in anywise intermeddle, neither shall the same or any part thereof be subject or liable to his debts, control, managements or engagements, but the receipt and receipts of my said daughter alone or any such person or persons as she shall from time to time order, direct or appoint to receive the same shall only be effectual and sufficient discharge and discharges for so much and such part or parts thereof as shall be therein respectively acknowledged and expressed to be received.
And in case my said daughter ELIZABETH OAKLEY happen to die without making or giving such appointment as aforesaid I give the said sum of three hundred pounds and the interest and produce thereof which may become due from the time of her decease unto and for the use of all and every child and children of my said daughter ELIZABETH OAKLEY lawfully to be begotten to be equally divided between or amongst them if more than one share and share alike.
And it is my will and I do hereby direct that my daughters ELIZABETH OAKLEY and JANE GRIFFITHS shall at their joint expense buy, draw and deliver to my said wife during her life at her dwelling house at English Frankton aforesaid all such coals as she shall want or consume, the same to be drawn and carried rom such Pits as she, my said wife, shall from time to time direct or appoint.
I give and devise all and every the messuages, lands, tenements, hereditaments and real estates whatsoever situate lying and being in the County of Salop and elsewhere whereof or wherein for any person or persons in trust for me have or hath or am is or are entitled to any estate or interest of freehold or inheritance in possession reversion remainder or expectancy or which I may died possessed of or be any ways entitled to at the time of my decease with their and every of their appurtenances unto my said two daughters ELIZABETH OAKLEY and JANE GRIFFITHS, their heirs and assigns for ever, to take as tenants in common and not as joint tenants, but subject nevertheless to the life estate and interest of my said wife ELIZABETH BURLTON of and in the messuage or dwelling house garden and croft of land hereinbefore by me given to her for her life. And also subject to the payment of the said annuity in the menner so by me hereinbefore also given to my said wife.
And as for and concerning all the rest, residue and remainder of my monies, goods, chattels, estate and effects of what nature or kind soever not hereinbefore given and disposed of subject to the payment of my just debts, my funeral expenses, and the funeral expenses of my said wife, and the expence of proving this, my will, and carrying the same into execution, and also of the coals for my said wife as aforesaid, I give and bequeath the same unto the said ELIZABETH OAKLEY and JANE GRIFFITHS to be equally divided between them, share and share alike.
And I do hereby make, nominate and appoint my said wife ELIZABETH BURLTON and my said daughters ELIZABETH OAKLEY and JANE GRIFFITHS executrixes of this, my will, hereby revoking and making void all and every other will and wills at any time heretofore by me made, and do declare this to be my last will and testament.
In witness whereof I the said JOHN WHETTALL BURLTON the Testator have hereunto set my hand and seal the sixth day of March in the year of our Lord One Thousand Eight Hundred and Nineteen.
Jn W Burlton.
Signed sealed declared and published by the within named John Whettall Burlton the Testator as and for his last will and Testament in the presence of us, who in his presence, at his request, and in the presence of eachother have subscribed our names as witnesses thereto-
“ Will in the Bishop’s Court of Lichfield
In the goods of John Whettall Burlton, deceased.
Appeared personally: Elizabeth Oakley, the wife of Timothy Oakley of English Frankton in the parish of Ellesmere in the county of Salop, and Jane Griffith, the wife of John Griffith of Wem in the same county, Mercer, the surviving executrixes named in the last will and testament of the said John Whettall Burlton, late of English Frankton, in the county of Salop, Esquire, deceased,
And made oath that the estate and effects of the said deceased…… are under the value of one thousand and five hundred pounds, to the best of these deponents’ knowledge, information and belief.
Sworn on the 29th day of February, 1820, before me, Francis Salt, Commissioner.
Another document dealt with probate, and said, amongst other things…
“ Whereas it has been alleged, before the Rev Charles Buckeridge,D.D., that John Whettall Burlton late of English Frankton in the parish of Ellesmere in the county of Salop and Diocese of Lichfield and Coventry, Esquire, deceased, duly made and executed, his last will and testament, in writing, and therein named Elizabeth the wife of Timothy Oakley of English Frankton aforesaid, Jane the wife of John Griffith of Wem, mercer, and Elizabeth Burlton of the parish of Ellesmere, since deceased, executrixes thereof.
QRY. When he died?
ANS: 9 March 1819.
On the twenty ninth day of February, 1820, this commission was duly executed and the said Elizabeth Oakley, wife of Timothy Oakley of English Frankton, and Jane Griffith, wife of John Griffith of the parish of Wem, mercer, were duly sworn according to the above oath before me.
Francis Salt, Commissioner.