This is the last Will and Testament of me Richard Tomlinson of Rye Bank Norbury in the County of Chester Farmer which I make and publish in manner and form following that is to say
I nominate constitute and appoint my Son Wm. John Tomlinson of Sandbach in the said County of Chester Surveyor of Taxes and Mr Richard Wright of Nelson Street Liverpool in the County of Lancaster Timber Merchant to be the trustees and executors of this my Will
I give and bequeath unto my said trustees and executors and the survivor of them and the executors administrators and assigns of such survivor All my farming stock implements of husbandry household furniture bonds bill notes and securities for money and al other my personal estate whatsoever while at the time of my decease I may have power to dispose of Upon trust to permit and suffer my dear Wife to have the use and enjoyment of my household furniture farming stock and implements of husbandry during her life or so long as she shall keep up the value of the same to the satisfaction of my said trustees and executors
And I direct that my said trustees and executors shall immediately after my decease cause an Inventory and valuation to be made of the said farming stock and implements of husbandry
And I also direct that my said trustees and executors shall also immediately after my decease cause a proper and sufficient valuation to be made by some competent person to be nominated for that purpose by them of all improvements which I shall have then made upon the farm in my occupation and the amount thereof when so ascertained shall be paid by my said Wife together with lawful interest unpaid unto my said trustees and executors or the survivor of them or the executors or administrators of such survivor as my said trustees and executors may order and direct and the amount when so received shall form part of and fall into the residue of my personal estate
And I further direct that the said Inventory and valuation of my said household furniture farming stock and implements of husbandry shall be signed by my said dear Wife and be retained by my Executors and the amount of such valuation be charged upon or against my said dear Wife my said Executors to allow her to have the use thereof as aforesaid
I direct that my said trustees and executors or the survivor of them their or his assigns or the executors or administrators of such survivor do and shall as soon as conveniently may be after my decease sell all my cheese and Corn and the residue of my personal estate not left by me for my Wife's use and convert into money such parts thereof as shall not consist of money and by and out of the same and the ready money of which I shall be possessed at my decease pay my funeral and testamentary expenses and debts and shall invest the residue of the same monies in the names or name of them their or his assigns or the executors or administrators of such survivor in or upon any of the parliamentary stocks or public fund of Great Britain or at interest upon Government or real securities in England or Wales and that they or he shall have power from time to time or at any time to alter vary or transpose such stocks funds or securities into or for others of the same or a like nature at their or his discretion and do and shall during the lifetime of my said dear Wife accumulate all the interest dividends and annual produce of the said stocks funds and securities in the way of compound interest by investing the same and all the resulting income and produce thereof from time to time in or upon any such stocks funds or securities as are hereinbefore mentioned And upon the deceased of my said dear Wife
I direct that my said trustees and executors and the survivor of them and the executors administrators or assigns of such survivor do and shall sell and convert into money my said household furniture farming stock and implements of husbandry and any part of my said personal estate not previously sold and do and shall divide the monies to arise from such sale and conversion into money and the said money and accumulations so invested as aforesaid and the interest thereof equally between and amongst my eight children to whom I give the same namely Elizabeth Beresford Widow John Tomlinson, Mary Tomlinson, Ann Tomlinson Ellen the Wife of Richard Jones, Sarah Wife of John Price, Richard Tomlinson and Jane Tomlinson in equal shares and proportions the shares of such of them being females to be to and for their own sole and separate use and benefit and to be be free from the debts control and engagements of any husband to whom the may then be married or may thereafter marry And in case any of my said eight children shall die in my lifetime or before the decease of my said dear Wife and shall leave lawful issue then I give the share of the one so dying unto and to be equally divided between his or her issue with power for my said trustees and executors and the survivor of them to apply the same in and towards the education and advancement of the issue of such child or children dying in my lifetime or in the lifetime of my said dear Wife as aforesaid But in case any of my said eight children shall die as aforesaid without leaving lawful issue then the share or shares of the one or others so dying shall fall into and form part of the residue of my estate and be divisible equally between the others of my said eight children who may survive me and my said dear Wife and the issue of those who may have died as aforesaid so that the issue of any deceased child or children shall take equally between them the share their parent or parents would have taken it they had been living upon the decease of the survivor of myself and my said Wife
I give and devise All real estates vested in me as trustee or mortgagee unto my said trustees and executors To hold and dispose of the same subject to the equities affecting the same respectively
And I declare that my said trustees and executors their heirs executors administrators and assigns shall be chargeable only for such monies as they shall actually receive by virtue of the trusts hereby in them reposed notwithstanding their giving or signing or joining in giving or signing any receipts for the sake of conformity and one of them shall not be answerable or accountable for the other or others of them nor for any Banker or other person with whom the said trust monies or any part thereof may be deposited or lodged for safe custody nor for the deficiency or insufficiency of any security or securities in which any of the trust monies may be invested nor for any other involuntary loss And that it shall be lawful for them with and out of the monies which shall come to their respective hands by virtue of the trusts aforesaid to reimburse themselves respectively and also to allow their respective cotrustee all the costs charges damages and expenses which they or any of them shall or may suffer sustain expend disburse be at or be put unto in or about the execution of the aforesaid trusts or in relation thereto
And I do hereby revoke all other Wills by me at any time heretofore made and do declare this only to be my last Will and Testament In Witness whereof I have to this and the two preceding sheets of paper set my hand this first day of February in the year of our Lord one thousand eight hundred and sixty three
Signed published and declared by the said Richard Tomlinson the testator as for for his last Will and Testament in the presence of use present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses
Gro. Green, Nantwich
Richard Thomasson, Frith Hall Wrenbury
On the 24th day of November 1863, the Will of Richard Tomlinson late of Rye Bank Norbury in the County of Chester Farmer deceased, was proved by the Oath of John Tomlinson the Son of the said deceased one of the Executors named in the said Will, having been first sworn duly to administer power being reserved of making the like Grant to Richard Wright the other Executor herein named.
Effects under £300 No Leasehold
Testator died 22nd. May 1863
Probate extracted by J. Bridgman
Solicitor Chester
Charles W Parry District Registrar
Source: findmypast - Cheshire Wills And Probate; Reference: MF91/8, WR4 P1078