person page - 1215

"Samuel son of Joseph Dearningly of Hightown Clothdresser"
- Hartshead baptisms.

Will of Samuel Dearnaley of Hyde, 1850


1 I Samuel Dearnaley of Hyde in the county of Chester
2 iron monger do make my last will and testament in manner
3 following that is to say - I order all my just debts and my funeral
4 and testamentary expneses to be paid by my executors as soon as convenient
5 after my decease - And I give and devise to my friends William Willby
6 of Pin Mill brow, Ancoats, Manchester, carrier and James Brocklehurst of Hyde
7 aforesaid druggist and I order and direct them to invest at interest on Government
8 or real or other good and eligible security or securities such a sum or sums of
9 money as will be sufficient to raise the yearly sum of £60 which yearly sum
10 I give and bequeath and I order and direct my said Trustees to pay the same half
11 yearly to my dear wife Sarah for her maintenance and support during her life
12 and widowhood and in case of her marriage again after my decease then in lieu
13 of the said annuity of £60 I give and bequeath to my said wife during her life
14 from the time of such second marriage the yearly sum of twenty pounds out of
15 the yearly proceeds of a sufficient sum to be invested as aforesaid for that purpose
16 and I give and bequeath to my said wife during her life and widowhood the use
17 and enjoyment of all my household furniture beds, bedding, linen, books, china
18 and articles of household use and at the decease of my said wife I give the whole
19 of the principal money or stock invested as aforesaid or upon her second marriage
20 so much thereof as shall not be required to produce the said yearly sum of twenty
21 pounds & at her decease the remainder of such invested money or stock unto and
22 equally amongst my three nieces Judith Dearnaley and Martha Dearnaley daughters
23 of my late brother James Dearnaley and ----(name left blank) the daughter of my sister
24 Mary wife of Henry Barber equally share and share alike and their respective
25 issue taking equally amongst them his her or their parents share only
26 but in case any of them should die under the age of twenty one years, without
27 leaving lawful issue then I give the share of such deceased niece or nieces to the
28 survivors of them and their respective executors, administrators and assigns And
29 I further order and direct the said Trustees to invest at interest as aforesaid such
30 a further sum as will be sufficient to raise the weekly sum of ten shillings
31 which weekly sum I give and bequeath to my dear father Joseph Dearnaley of
32 Hightown near Leeds during his life.- And I give and bequeath the sum of
33 one hundred pounds to the Trustees of the Wesleyan Methodist Chapel, New Street,
34 Hyde, towards liquidating the debt upon the said Chapel or otherwise to be expended
35 as the said Trustees of this my will shall deem most advisable and useful for
36 the promotion and advancement of Wesleyan Methodism in Hyde aforesaid. And
end of page 1 signed Saml Dearnaley
37 I give and bequeath the sum of fity pounds to be laid out and expended by
38 my said Trustees in such manner as they shall deem most useful in support of
39 a Sunday School in connexion with the Wesleyan Methodists in Newton by Hyde
40 aforesaid And as to the residue of my ready money, money in the bank, debts
41 and monies owing to me and my stock in trade and all other my personal estate
42 and effects I give and devise the same to the said Trustees and the survivor of them
43 his executors and administrators upon trust as soon as conveniently may be
44 after my decease to sell and convert into money my said stock in trade and
45 personal estate not consisting of money (except my household furniture and
46 articles during my wifes life and widowhood) and to call in and collect all monies
47 owing to me and after the payment of my debts funeral and testamentary expenses
48 and the legacies aforesaid and the sums to be invested as aforesaid. - I give and
49 bequeath and I order my said Trustees to pay one equal half of the clear
50 residue of the monies arising collected and received as aforesaid unto my
51 brother William Dearnaley of Hightown near Leeds for his own use absolutely And
52 I give and bequeath to my said Trustees and the survivors of them his executors
53 and administrators the other equal half of the said clear residue upon trust to invest
54 the same at interest upon such security aor securities as aforesaid and do pay the interest
55 and annual proceeds thereof unto or submit the same to be received by my said sister
56 Mary Barber for her sole use and benefit absolutely during her life And I declare that
57 the said interest so given to my said sister shall be free from the debts or controul
58 of her present or any future husband and that her receipt shall be good discharges for
59 the same and at her decease I give and devise the principal money so invested as aforesaid
60 unto and equally between and among all her children then living and the issue of such
61 if any as shall be then dead leaving issue such issue
62 to take equally among them the share only which their respective parents would have been
63 entitled to if living. And as to the money invested during my father's life time for his
64 benefit as aforesaid And as to my household furniture and other articles given to my wife
65 during her life, I declare that the said money and furniture shall constitute part of my
66 residuary estate and shall at the respective deceases of my father and my wife go to the
67 persons and in the manner in which I have hereinbefore given my residuary monies
68 and estate. - And I appoint the said William Willby and James Broacklehurst executors
69 of this my will and I declare that they and their respective heirs, executors and administrators
70 shall be chargeable for their own respective acts, deeds and defaults only and that they
71 shall not be chargeable with any more of the said trust estate monies and effects
72 than shall come to their or his own respective hands nor with any loss which may
73 happen thereto without their or his wilful neglect or default And also that it shall
end of page 2 signed Saml Dearnaley
74 be lawful for the said William Willby and James Brocklehurst and their
75 respective executors and administrators with and out of the said trust monies to
76 reimburse themselves respectively all such costs and expenses as they or he shall
77 sustain or be put unto by reason or on account of any of the trusts aforesaid or
78 otherwise in or about the execution of this my will In Witness whereof I
79 the said Samuel Dearnaley have to the two preceding sheets of this my will (written
80 on three sheets of paper) set my hand and to the third and last sheet thereof my
81 hand and seal this twenty sixth day of February in the year of our Lord one thousand
82 eight hundred and fifty
83 signed sealed published and declared by the said
84 Samuel Dearnaley the testator as and for the last will and
85 testament in the presence of us who in his presence and at his
86 request and in the presence of each other have hereunto subscribed
87 our names as witnesses to the due execution thereof
88 Jos Hibbert
89 William Smith
signed Saml Dearnaley
Probate granted 4 May 1850
William Wilby (in the will written Willby)appeared, took oath that the estate was under £3,000


Transcribed by Marie Ball
Apr 2012.