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WINCLE, CHESHIRE


Last Will and Testament of John Mitchell

 

A paper document being a copy of the Last Will and Testament of John Mitchell of Hammerton in the Parish of Prestbury in the County of Chester, farmer dated 17 June 1862 with an associated Affidavit of Robert Hulme 

Extracted from the Principal Registry

Of Her Majestys Court of Probate

This is the last Will and Testament of me John Mitchell of Hammerton in the Township of Winkle in the parish of Prestbury in the county of Chester farmer made published and declared this seventeenth day June in the year of our Lord one thousand eight hundred and sixty two First it is my Will for all my just debts funeral expenses and testamentary expenses be duly paid out of my real or personal estate that I shall stand possessed at the time of my deceas at the discretion of my executors hereinafter named then I give and devise unto my wife Elizabeth Mitchell all the residue of my real or personal estate during her natural life if she survives me the said John Mitchell and at her decease I give and bequeath unto my son Charles Mitchell the sum of two hundred pounds absolutely then the residue of my property I give and bequeath to be divided as follows in and amongst all my children share and share inlike my son Charles to his equal share notwithstanding his former legacy of the aforesaid two hundred pounds subject to the following conditions that if any my children should die leaving issue or isues before they become possessed of there legacy such isue or isues to take their respective parent share if more than one share and share and share inlike as they attain the age of twenty one years the money to be put out to use for their maintenances or education as seems most advantagious for then at the discretion of my executors or trustees hereinafter named but my executors to reserve and put out to use my daughter Susannah Tunnicliff share to the best advantagious and best security that can be got to make the said money safe and the money ariseing from the same to be paid into the hands of my said daughter Susannah and her receipt to be a sufficient discharge without the signiture of any husband or any husband that she may have should she die without isue or isues she to have the power to give or will to whom she may think proper and in case she shall die without will or isues then to go to her brother or sisters desendants share and share inlike or their desendants as before mentioned And I do hereby nominate constitute and apoint my son Charles Mitchell of Hammerton where I now reside and my son George Mitchell of the Hole Edge Wildboreclough farmer and my son Enoch Mitchell of the Black Swan Inn in Leek victualler trustees and executors of this my last Will and Testament and thoes of my children that I have advanced money too to be considered as part of their fortune and to be deducted from their respective shares And I do hereby express that trustees or executors shall a reasonable allowance out of the mony that shall come to their respective hands for their expences loss of time and trouble in and about the execution of this my last Will and Testament And lastly I do hereby revoke all former or other will or wills by me at any by me at any time heretofore As witness whereof I the said testator have set my hand and seal the day and year first written

John Mitchell

Signed sealed published and declared by the said testator John Mitchell as and for his last Will and Testament in the presence of the said testatorequest and in the presence of each other have subscribed our names as wittnesses

Robert Hulme          William Yates          James Earlem

 

 

In Her Majesty's Court of Probate

The Principal Registry

In the Goods of John Mitchell deceased

I Robert Hulme of Wormhough in the Township of Heaton in the county of Stafford farmer make oath that I am one of the subscribing witnesses to the last Will and Testament of the said John Mitchell late of Hammerton in the township of Wincle in the parish of Prestbury in the county of Chester farmer deceased the said Will being now hereunto annexed bearing date the seventeenth day of June last and that the said testator executed the said Will on the day of the date thereof by signing his name at the foot or end thereof as the same now appears thereon in the presence of me and of William Yates and James Earlem the other subscribing witnesses thereto each of us being present at the same time and we thereupon attested and subscribed the said Will in the presence of the said testator And I also make oath that I read over the said Will to the said testator before he signed the same and that he appeared perfectly to understand the contents

Robert Hulme

 

Sworn at Leek in the county of Stafford on the ninth day of July one thousand eight hundred and sixty two Before me George Smith A Commissioner to administer oaths in Chancery in England

 

Proved at London 25th July 1862 by the oaths of Charles Mitchell George Mitchell and Enoch Mitchell the sons the executors to whom administration was granted

 Document Reference: CH50933



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