The Family of Thomas and Nanny Rigbye: Further Probate Information

Nanny Rigbye

Mary Bannister and others to Humphrey Miller and others - Assignment of a Cottage and Premises in Euxton in Trust for the Poor of Ulnes Walton, 1815

This Indenture made the fourth day of March in the Year of our Lord one thousand eight hundred and fifteen Between Mary Bannister of Whittle le Woods in the County of Lancaster, Widow, Rachael Bridge of Rufford in the said County, Widow, Seth Rigby of Eccleston juxta Croston in the said County Innkeeper and Jane his wife, and William Rigby of Croston in the said County, Yeoman, and John Norris of Croston aforesaid, Innkeeper, which said William Rigby and John Norris are the Executors of the Will of Nancy Rigby late of Croston aforesaid, Widow, deceased of the one Part and Humphrey Miller of Ulnes Walton in the said County, Yeoman, and Henry Dandy of Ulnes Walton in the said County, Farmer of the other Part Whereas the said Mary Bannister, Rachael Bridge, Seth Rigby in right of the said Jane his wife, and the said William Rigby and John Norris as Executors and in right of the said Nancy Rigby deceased are entitled to and possessed of the Messuage Cottage or Dwelling House and Premises hereinafter mentioned and described intended to be hereby assigned for the remainder of a Term of Nine hundred and ninety nine Years which was granted thereof unto John Ormerod of Ulnes Walton aforesaid Plaisterer, by Indenture bearing Date the first day of December one thousand and seven hundred and sixty four made between William Miller of Ulnes Walton aforesaid, yeoman, who survived Edward Tyrer, Richard Nickson, John Marsh, Hugh Norris, and Humphrey Marsh his Co-Trustees therein named for the Poor of the Township of Ulnes Walton aforesaid of the one Part and the said John Ormerod of the other Part at and under the Yearly Rent or Sum of two Pounds two Shillings payable as therein mentioned And Whereas the said William Miller in and by his last Will and Testament in Writing by him duly and legally executed and bearing Date the fifteenth day of June one thousand seven hundred and ninety one did (amongst other things) give and bequeath unto the said Mary Bannister, Rachael Bridge, Jane Rigby, and Nancy Rigby deceased (but which said Nancy Rigby is therein by mistake called Margaret Rigby) their and each of their Executors Administrators and Assigns the Sum of Ten Pounds a piece upon Condition never the less That they the said Mary Bannister, Rachael Bridge, Jane Rigby and Nancy Rigby (therein called Margaret Rigby) and every of them and or any Persons or Person claiming under them every or any of them should and did immediately upon their acceptance of the same Legacies at the Costs and Charges of his (the said Testators) Residuary Devise and Legatee surrender, give up, and effectually convey all their and every of their Estate, Right, Title, Claim, and Interest which they had or claimed of in unto or out of all those several Dwelling Houses or Cottages and Gardens with their Appurtenances situate in Euxton aforesaid then in the Possession of them, their or some of their Under tenants or Assigns and then late in the Holding of or belonging to John Ormerod deceased (being the same Premises hereinbefore mentioned to be demised to the said John Ormerod) unto the said Humphrey Miller and his Heirs and such other Person or Persons as should be for that purpose nominated and appointed and their Heirs as Trustees for the Poor of Ulnes Walton aforesaid so that the clear Yearly Rents and Profits might be applied and disposed of for the Use Relief and Benefit of the Poor of the same Township according as the Pecuniary Legacy bequeathed by the late Ellen Wareing of Ulnes Walton aforesaid, Widow, deceased and with which Legacy the same Cottages and Premises were originally Purchased and was or were by her the said Donor intended to be applied and that for ever after the making of such Conveyance if the same should be affected as aforesaid And Whereas the said William Miller survived the said Edward Tyrer, Richard Nickson, John Marsh, Hugh Norris and Humphrey Marsh his Co-Trustees and afterwards departed this life and the said Humphrey Miller is the only Surviving Executor and residuary Legatee named in his said Will, And Whereas the said Mary Bannister, Rachael Bridge, Seth Rigby and William Rigby and John Norris at the request of the said Humphrey Miller have consented and agreed to accept the said Legacy or sum of Ten Pounds a piece given by the Will of the said William Miller deceased and to surrender and give, grant assign and convey the said Messuages or Cottages and Premises hereinbefore and hereinafter mentioned and described unto him the said Humphrey Miller and the said Henry Dandy in manner hereinafter mentioned, Now this Indenture witnesseth that for the Considerations aforesaid and also for and in Consideration of the sum of Ten Pounds a piece of lawful Money of Great Britain by the said Humphrey Miller to the said Mary Bannister, Rachael Bridge, Seth Rigby and William Rigby and John Norris in hand at or before the Sealing and Delivery of these Presents well and truly paid in full for their said Legacy given as aforesaid, the receipt whereof they do hereby severally and respectively acknowledge and thereof and of and from the same and every part thereof do acquit, release and discharge the said Humphrey Miller his Executors Administrators and assigns for ever by these Presents And also for and in Consideration of the Sum of Five Shillings a piece of like lawful Money by the said Humphrey Miller and Henry Dandy to the said Mary Bannister, Rachael Bridge, Seth Rigby and Jane his Wife, and William Rigby and John Norris paid in the Hand at or before the Sealing and Delivery of these Presents the receipt whereof is hereby by them severally acknowledged, They the said Mary Bannister, Rachael Bridge, Seth Rigby and Jane his Wife, and William Rigby and John Norris (according to their several and respective Estates and Interests in the Cottages or Dwelling Houses and Premises hereinafter mentioned and described and intended to be hereby granted and assigned Have and each of them Hath surrendered and given up, granted, bargained, sold, assigned, transferred and set over and by these Presents Do and each of them Doth (according to such their Estates and Interests aforesaid) surrender and give up, grant, bargain, sell, assign, transfer and set over unto the said Humphrey Miller and Henry Dandy All that Messuage or Cottage and Barn with the Appurtenances situate and being in Euxton aforesaid called and commonly known by the name of Hodgson's House together with two Orchards thereunto belonging containing twenty five Perches of land of the Measure thereused or thereabouts be the same more or less heretofore purchased by the said John Ormerod with other Lands from John Sumner of Tarleton in the said County and afterwards conveyed by him unto the said Edward Tyrer, Richard Nickson, John Marsh, Hugh Norris, Humphrey Marsh and the said William Miller In Trust and for the use of the Poor of the Township of Ulnes Walton aforesaid together with all and Singular Houses, Outhouses, Edifices, Buildings, Barns, Stables, Gardens, Orchards, Lands, Meadows, Ways, Waters, Watercourses, Hedges, Ditches, Fences, Gates, Stiles, Paths, Passages, Liberties, Easements, Profits, Privileges, Commodities, Advantages and Hereditaments whatsoever to the said Messuage Cottage or Dwelling House and Premises or any of them belonging or in any wise Appurtaining or therewith usually occupied or enjoyed or accepted reputed taken or known as part parcel or Member thereof or of any part thereof and all the estate Right Tithe Interest Use Trust Property Benefit Claim and Demand whatsoever both at Law and in Equity of them the said Mary Bannister Rachael Bridge Seth Rigby and Jane his Wife and William Rigby and John Norris and each of them of into or out of the same or any part thereof To have and To hold the said Messuage or Cottage Barn Orchards, Hereditaments and all and singular other the Premises hereinbefore mentioned and described and intended to be hereby assigned with their and every of their Appurtenances unto the said Humphrey Miller and Henry Dandy and the Successors in Office of the said Henry Dandy Overseers for the time being of the Poor within the Township of Ulnes Walton from henceforth for and during all the residue and remainder yet to come and unexpired of the said Term of Nine hundred and ninety nine Years In Trust nevertheless for the Poor of the said Township and for them from Time to Time to apply and dispose of the Rents and Profits thereof for the Use Relief and Benefit of the Poor of the same Township and to for or upon no other Use Trust End Intent or Purpose whatsoever and the said William Rigby and John Norris for themselves severally and for their several but not joint Executors and Administrators do covenant and declare to and with the said Humphrey Miller and Henry Dandy and the Successors in Office of the said Henry Dandy Overseers for the Time being of the Township of Ulnes Walton aforesaid that they the said William Rigby and John Norris have not nor hath either of them at any time heretofore made done or committed or wittingly or willingly permitted or suffered to be done or committed and Act Deed Matter or Thing whatsoever whereby or by means whereof the said Messuage or Cottages and Premises hereby Assigned or any Part thereof are is can shall or may be any ways impeached charged affected or incumbered in Title Interest Estate or otherwise howsoever and the said Mary Bannister Rachael Bridge and Seth Rigby for themselves severally and for their several and respective Executors and Administrators do covenant promise and agree to and with the said Humphrey Miller and Henry Dandy and the Successors in Office of the said Henry Dandy Overseers for the Time being of the said Township of Ulnes Walton by these Presents that they the said Mary Bannister Rachael Bridge and Seth Rigby their Executors Administrators and Assigns and all other Person or Persons claiming or to claim any Legal or Equitable Estate Right Title or Interest of in to or out of the said Hereditaments and Premises hereby assigned or intended so to be by from or under them or any of them shall and will from Time to Time and at all Times hereafter during the continuance of the said Term upon the reasonable Request and at the proper Costs and Charges in the Law of the said Humphrey Miller and Henry Dandy and the Successors in Office of the said Henry Dandy Overseers for the Time being of the Poor of the Township of Ulnes Walton aforesaid make do and execute all further and other lawful and reasonable Acts and Deeds whatsoever for the further better and more perfect granting and assigning the same Hereditaments and Premises unto the said Humphrey Miller and Henry Dandy and the Successors in Office of the said Henry Dandy Overseers for the time being of the Poor of the Township of Ulnes Walton aforesaid for all the residue and Remainder which shall be then to come and unexpired of the said Term of Nine hundred and ninety nine Years as by the said Humphrey Miller and Henry Dandy and the Successors in Office of the said Henry Dandy as aforesaid or their any of their Counsel shall in that behalf be lawfully and reasonably devised or advised and required In Witness whereof the said Parties to these Presents have hereunto interchangeably set their Hands and Seals the day and Year first above Written.

The Mark X and Seal of Mary Banister (sic)
The Mark R and Seal of Rachael Bridge
(signed) Seth Rigby (with seal)
The Mark X and Seal of Jane Rigby
(signed) William Rigbye (with seal)
(signed) John Norris (with seal)

NOTES:
1:	Mary Bannister, Rachael Bridge, Jane Rigby and Nanny's late mother Ellen Rigbye were the daughters of the late Humphrey Miller Sr. and were joint beneficiaries of his estate. Mary married William Bannister in Croston on 19 August 1771. Rachael married Henry Bridge in Croston on 2 February 1773. Jane married the above mentioned Seth Rigby in Croston on 25 August 1776.
2:	As Nanny's mother died before Humphrey Miller, Ellen's share of his estate would have passed to Nanny.
3:	This is an transcript of the Indenture document, including what we would now consider to be spelling and grammatical errors. The parts shown in italics were hand written onto a pre-printed form.
4:	The above information is taken from the original document held at the Lancashire Record Office.