Last Will and Testament of Joseph BLACKOE (1808)

Detail from page 3 of Joseph BLACKOE's will (2 Sep 1808). Image credit: Lancashire Archives who hold the copyright. It is believed its presentation here falls under fair use. 


Last Will and Testament of Joseph Blackoe of Claughton
Transcribed and edited by Mark D. Williams, D.M.A.¹

In the Name of God, Amen. I, Joseph Blackoe of Claughton, in the Parish of Garstang, in the County of Lancaster, yeoman, do make this my Last Will and Testament in manner and Form following.

In the first place, I order and direct all my just Debts, and Funeral and Testamentary Expences to be paid out of my personal Estate.

Then I give, devise, and bequeath unto George Rogerson of Garstang, Surgeon,² Joseph Shepherd of Bonds,³ and Henry Smith of Ellel⁴ in the said County, their Heirs, Executors, Administrators and Assigns, All my Messuages,⁵ Lands, Tenements, Hereditaments,⁶ Estates, and Effects whatsoever, and wheresoever, and of what Nature, Kind, or Quality so ever, both real and personal, upon special Trust and Confidence; nevertheless that they, the said George Rogerson, Joseph Shepherd, and Henry Smith, or the Survivor of them, or the Heirs, Executors, or Administrators of such Survivors, shall and do from time to time when and as they think fitting call in and replace all my Monies out at Interest and convert my Goods, Cattle, and Farming Stock into Money and let and set my real Estate and receive the Rents, Issues, and Profits thereof, and shall and do pay and apply the Interest of the Monies so to be placed out and the Rents, Issues, and Profits accruing on to grow due for or in respect of my said real Estate in manner following; that is to say, Upon Trust that they, my said Executors above mentioned, or the survivor of them, or the Heirs, Executors, or Administrators of such Survivors, shall and do well & truly pay, or cause to be paid, unto my dear wife, Betty,⁷ yearly & every year for and during the term of her natural life, (in case she shall so continue my Widow but not otherwise) an Annuity or clear yearly Sum of Twenty Pounds by two equal half yearly payments on the Twelfth Day of May & the Eleventh Day of November, the first payment to be made on such of those days as may happen next after my decease and the same to be in Lieu and Bar of all Power out of my real Estates. But if my said wife happens to marry again it is my Will that after such second Marriage the said Annuity of Twenty Pounds shall cease and terminate. And my said Trustees may allow my wife to take and use during the Term of her natural Life one Bed, Bedsteads, and suitable Bedding for the same at her own choice and as much of my Household Furniture as they may think sufficient to furnish a Room and at her decease to give the said Furniture either to my Son, Richard, or my daughter, Ann, as my wife shall appoint by Will or otherwise during her Lifetime.

And upon Trust that my said Trustees, or the Survivors of them, or the Heirs, Executors, or Administrators of such Survivor, shall and do pay or cause to be paid unto my Son, Richard Blackoe, and Peggy,⁸ his wife, yearly and every year during the Term of their natural Lives and the Life of the Survivor of them, the yearly Interest of the Sum of Two Hundred Pounds. But it is my Will and Mind that in case the said Peggy Blackoe shall survive her said Husband and marry again, then, and in such case, or from and immediately after the Death of such Survivor, such Sum of Two Hundred Pounds shall be called in, and be paid to, and equally divided amongst the lawfull Issue of the said Richard Blackoe who shall then be living share and share

alike, and it [is] my Will that if my son, Richard Blackoe, or Peggy, persume [sic] to sell, Convay [sic] by anny [sic] deed the yearly sum of ten pounds yearly, then I order my Executors to dispose to Issue of my son, Richard, share and share alike.⁹

[signed] Jos.^h Blackoe

[Editor’s note: The first page of the will ends here.]

alike. And upon Trust that my said Trustees pay or cause to be paid in Twelve Calendar months next after my decease unto William Ward and Molly Towers, Son and Daughter of William Ward formerly of Fowler Hill in the said County, Blacksmith Deceased, the Sum of Fifty Pounds each.

It is further my will and Mind that my said Trustees shall and do out of the Rents, Issues, proceeds, and Profits of my real and Personal Estate maintain, educate & bring up Henry Smith, natural Son of Jane Smith (formerly a Servant of mine and now the wife of Peter Sharples) until my said Trustees shall think it adviseable to place him out an Apprentice, and also provide him with what my said Trustees may in their discretion think fitting during his Apprenticeship, and when the said Henry Smith attains to the Age of Twenty-one, it is my Will and Mind that my said Trustees shall and do pay him the Sum of Two hundred Pounds. But in case the said Henry Smith shall depart this Life before he attains to the Age of Twenty-one years, it is my Will and Mind that the said Legacy or Sum of Two hundred Pounds shall become and be deemed to be part of my residuary Estate.

It is also my Will and mind that my Trustees shall and do pay to the Reverend John Barrow of Garstang the Sum of Ten Pounds as soon as convenient after my decease.

As to all the neat [net?] Rents, Issues, and Profits of all the rest, residue and remainder of all my real and personal Estates, it is my Will and Mind that my said Trustees shall pay and apply the whole thereof unto my Daughter, Ann, the Wife of George Rogerson aforesaid during the Term of her natural Life. Her receipt alone whether sole or married and not withstanding her Coverture¹⁰ to be from time to time a valid Discharge.

And it is my Will and Mind that my said Trustess shall pay unto the said George Rogerson from the time of the decease of my said Daughter, Ann, in case he happens to survive her, all the Rents[?], Issues, proceeds and Profits hereby devised to or in Trust for my said Daughter during the Widowhood of the said George Rogerson, and from and immediately after the death or second Marriage of the said George Rogerson, it is my Will and Mind that my said Trustees, or the Survivor of them, or the Heirs, Executors, or Administrators of such Survivor shal and do grant, convey, pay, divide, and apply the whole of all my Messuages, Lands, Tenements, Hereditaments, and real and personal Estate unto such of the Children of my said Daughter Ann Rogerson and in such Parts, shares, and Pro-portions, and in such Sort, Manner, and Form as my said Daughter, Ann, shall by any Deed or Instrument in Writing, or by her Last Will and Testament in Writing, or by any Writing purporting to be her Last Will and Testament, order, direct, limit, appoint, give, or devise the same. And in Default of such order, direction, Limitation, Appointment, Gift, or Devise unto & equally between and amongst all and every the Child and Children of my said Daughter, Ann, who shall be living at the time of her Decease as Tenants in common for ever.

And it is my Will and Mind that my said Trustees, or the Survivor of them, or the Heirs of such Survivor shall and may at his or their Discretion absolutely sell and dispose of, and grant and convey all my Messuages, Tenements, Lands, Grounds, and Hereditaments, either in publick or private Sale for the best price and prices and most money that can or may be had or gotten for the same and receive and give Discharges for the Purchase Money.

And it is my Will and Mind that Receipt and Receipts of my said Trustees and

[signed] Jos.^h Blackoe

[Editor’s note: The second page of the will ends here.]

the Survivor of them shall be good, valid, and effectual that from and after such Receipt or Receipts so given such Purchaser or Purchasers shall not be concerned to see to the Application of the Purchase Money, nor be answerable or accountable for the Misapplication or Nonapplication thereof.

And it is my Will and Mind that my said Trustees shall from time to time be reimbursed and satisfied for all their Journeys, Trouble, Loss of Time, and for all Costs, Charges, and Expences to be from time to time incurred in the Repairs of Buildings, or in Maintenance, or Defence of the Trusts hereby in them reposed out of my said residuary Estate. And that they shall not be answerable or accountable for any Losses (unless wilful Losses) which may happen in the Execution of the Trust hereby in them reposed.

And I hereby constitute and appoint them, the said George Rogerson, Joseph Shepherd, and Henry Smith, joint Executors of this my Will and Testament, and hereby revoking all Wills by me heretofore made I declare this clone to be my Last Will and Testament In Witness whereof I have at the Bottom of the two first Sheets of this my Will (the whole whereof is contained in three Sheets of paper) subscribed my name, and to this third and last Sheet set my Hand and Seal this second day of September in the year of our Lord one Thousen Eight Hundred eight.

[signed] Jos.^h Blackoe [seal]

Signed, sealed, published, and declared by the said Joseph Blackoe as and for his Last Will and Testa-ment in the presence of us who [illegible] presence at his Request and in the presence of each other have hereunto subscribed our names as wit-nesses.

[signed] Richard Rowcroft
[signed] John Rowcroft
[signed] Thomas Wilding

[Editor’s note: The third page of the will ends here. On the reverse of the third page is the writing below.]

On the twentieth day of November in the year of our Lord Christ One thousand eight hundred and nine This will was proved in common form and George Rogerson one of the Executors (power being reserved for Joseph Shepherd and Henry Smith the other Executors therein named) within named was sworn well and truly to execute and perform the same and so forth, and that according to the best of his knowledge and belief the whole of this personal Estate and Effects of which the within named Joseph Blackoe died possessed within the Archdeaconry of Richmond in the Diocese of Chester did not in real value amount to the sum of One thousand and five hundred pounds.

Before me,
[signed] Joseph Rowley
Surrogate in the Vacancy of the See of Chester

____________________

NOTES
¹ This transcription is from a digitized copy of Joseph Blackoe’s will received from the Lancashire Archives (WRW-A-R121b-69) who also own the copyright. Additional punctuation and paragraph divisions have been added to aid the reader. Original spellings, capitalization, and other errors have been maintained. Editor’s notes are in brackets.
² George Rogerson (1761-1846) was the husband of Joseph’s daughter, Ann Blackoe (b. 1772), by his second wife, Dorothy Robinson (c. 1745-1797).
³ At this time the relationship of Joseph Shepherd to Joseph Blackoe is unknown.
⁴ Henry Smith (b. 1798) was Joseph Blackoe’s natural son by Jane Smith and is mentioned later in the will. However, since he would have only been ten years old at the time this will was written, it seems unlikely he would be designated as an executor. Perhaps Henry Smith of Ellel is a different Henry Smith.
⁵ A messuage (pronounced MESS-widge) was “a dwelling house with outbuildings and land assigned to its use.”
⁶ A hereditament was “any item of property, either a corporeal hereditament (land or a building) or an incorporeal hereditament (such as a rent), that can be inherited.”
⁷ Joseph’s third wife was Betty Threlfall (1751-1816).
⁸ Joseph’s oldest son, Richard Blackoe (1767-1855), married Margaret “Peggy” Charnley.
⁹It appears this section was added later.
¹⁰Coverture is “the legal status of a married woman, considered to be under her husband's protection and authority.”