13th March 1812

This is the last will and testament of me Mary Thomason of Kemberton in the County of Salop widow made this thirteenth day of March One thousand eight hundred and twelve (1812). First, I desire to be decently buried at the discretion of my executors hereinafter named and that my just debts and funeral expenses with the charges of proving this my will may be paid and discharged as soon as conveniently may be after my decease.

I give and bequeath unto Richard Thomason of Manchester in the County of Lancaster Merchant and to my son William Thomason their executors and administrators the sum of five hundred pounds to be paid to them within six months from the time of my decease upon trust that they or the survivor of them or the executors or administrators of such survivor do and shall put and place the same out to interest upon Government or private security as they shall think fit and do and shall receive the interest dividends and produce thereof as the same shall become due and pay the same into the hands of my daughter Mary the wife of Francis Yates for and during the term of her natural life to and for her own sole and separate use and wherewith her said husband shall not intermeddle nor shall the same or any part thereof be subject or liable to his debts control or engagements and I do declare that her receipt alone notwithstanding her coverture shall from time to time be a good and efficient discharge for the same and every part thereof; and from and after her decease then upon trust to call in and receive the said sum of five hundred pounds and all such interest as shall be then due thereon and to pay and equally divide the same amongst all and every the children of my said daughter either already born or hereafter to be born share and share alike and in case of the death of any or either of the said children under the age of twenty-one years leaving issue then I direct that the part or share of him her or them so dying shall go and be paid to such issue but in the case of the death of any or either of them the said children under the age of twenty-one years without leaving issue then I direct that the part or share of him her or them so dying shall go and be paid to the survivors or survivor of them; and in the case of the death of all the said children under the age of twenty-one years and without issue then I direct that the said sum of five hundred pounds and all such interest as shall be then due for the same shall go and be paid to the said Francis Yates his executors and administrators to and for his or their own use.

I give and bequeath unto my daughter Ann the sum of five hundred pounds to be paid her within six months from the time of my decease and I do express declare and direct that the said several sums of five hundred pounds and five hundred pounds given to or in favour of my two daughters shall be accepted by them respectively in full of all legacies parts and shares of and in the property bequeathed to or in favour of my said two daughters by the will of their late father Samuel Thomason deceased and also in full of the property to which they became entitled by the death of their late brother Samuel Thomason; and in case the said legacies shall not be accepted by them in full of such property then I do hereby give and bequeath the legacy or legacies of her or them refusing to accept the same unto my son William Thomason and his executors and administrators to and for his and their own use.

And as to all the rest residue and remainder of my money goods chattels effects and personal estate whatsoever wheresoever and of what nature or kind soever  I give and bequeath the same and every part thereof unto my said son William to and for his own use provided always and I do hereby direct and declare that it shall be lawful for my said Trustees respectively and their respective executors and administrators to deduct and reimburse himself and themselves all loss cists charges and expenses which they shall or may sustain expend or be put unto in carrying into execution the Trust of this my will or the management or execution thereof or any other thing in any wise relating thereto and that they or either of them shall not be answerable or accountable for any loss which may happen of the said trust monies or any part thereof unless the same happen through his or their wilful default nor shall the one of them be answerable or accountable for the acts deeds receipts or disbursements of the other of them but each of them for his own acts deeds receipts and disbursements only anything herein contained to the contrary notwithstanding.

Provided also and I do further direct and declare that in case my daughter Mary shall survive the said Francis Yates her husband then it shall and may be lawful to and for my said Trustees or the survivor of them or the executors or administrators of such survivor to pay all or such part of the said principal sum of five hundred pounds to her in her lifetime as they or he shall in their or his discretion think fit anything herein contained to the contrary notwithstanding.

And lastly I do hereby nominate constitute and appoint the said Richard Thomason and my said son William executors of this my will and revoke and make void all and every former and other will and wills by me at any time heretofore made and declare this only to be my last will and testament.

In witness whereof I have hereunto set my hand and seal and published and declared this to be my last will and testament the day and year first above written.

Signed sealed published and declared by the said testatrix Mary Thomason as and for her last will and testament in the presence of us who in her presence at her request and also in the presence of each other have subscribed our names as witnesses thereto.

The mark of Mary Thomason

Thomas Barber

Samuel Nicholls

(From the Wills in the Diocese of Lichfield and Coventry)