The Family of Richard and Mary Ann Gardner: Wills

MARY ANN GARDNER:

NATIONAL PROBATE INDEX ENTRY:

GARDNER, Mary Ann of 29 Nile-street, Preston, Lancashire, (wife of Richard Gardner) died 26 May 1923. Probate Lancaster, 20 October (1923) to the said Richard Gardner, retired factory operative, Robert Slater, factory operative, and Thomas Slater, mechanic.

Effects: £4027 9s 9d

HER WILL:

This is the last Will and Testament of me, Mary Ann Gardner, of Preston in the county of Lancaster, beerseller, the wife of Richard Gardner of Preston aforesaid, retired factory operative, whereby I revoke all former Wills and Testamentary dispositions made by me and declare this to be my last Will and Testament.

I appoint my husband the said Richard Gardner, my nephews Robert Slater of Preston aforesaid, factory operative, and Thomas Slater of Preston aforesaid, mechanic, hereinafter called my trustees to be the Executors and Trustees of this my Will.

I bequeath a legacy of one hundred and twenty pounds to each of my nephews and nieces being children of my sister Jane Slater, namely Robert Slater, Thomas Slater, Mary Agnes Slater and Ernest Slater, and I bequeath a like legacy of one hundred and twenty pounds to each of my nephews and nieces being children of my late brother William Swarbrick, namely John Swarbrick, Robert Swarbrick, Mary Agnes Swarbrick and William Swarbrick.

I devise and bequeath all my real and personal estate unto my Trustees Upon Trust that my Trustees shall sell call in and convert into money the same or such part thereof as shall not consist of money and shall with and out of the moneys produced by such sale calling in and conversion and with and out of my ready money pay my funeral and testamentary expenses and debts and the legacies bequeathed by this my will or any codicil hereto And Shall stand possessed of the residue of the said moneys In Trust for my husband the said Richard Gardner absolutely, provided always that if any of my said nephews and nieces shall died in my lifetime leaving a child or children living at my death who attains or attain the age of twenty one years then and in every such case the lastly mentioned child or children shall take, and if more than one equally between them, the legacy which his her or their parent would have taken under this my Will if such parent had survived me and attained the age of twenty one years And I declare that my Trustees may at their own discretion raise any part or parts not exceeding together one moiety of the expectant legacy of any infant under this my Will and apply the same for his or her advancement, preferment or benefit as my Trustees shall think fit And I also declare that my Trustees may postpone the sale and conversion of my real and personal estate or any part thereof for so long as they shall think fit And I also declare that my Trustees may let any hereditaments for the time being remaining unsold and unconverted either from year to year or for any term of years at such rents and subject to such covenants as they shall think fit and may accept surrenders of leases and tenancies and generally may manage the same in such manner as they shall think fit.

In witness whereof I have set my hand to this my Will this twenty ninth day of December one thousand nine hundred and five.

(signed) Mary Ann Gardner

Signed and declared by the said Mary Ann Gardner the Testatrix as and for her last Will and Testament in the presence of us present at the same time who at her request in her presence and in the presence of each other have hereunto subscribed our names as witnesses

(signed) John Hubberstey, solicitor, Preston
(signed) Reginald S Kisby, his clerk

On the 20th October 1923 Probate of this Will was granted at Lancaster to Richard Gardner, Robert Slater, and Thomas Slater, the Executors"

NOTES:
1:	The Lancashire Archives does not hold copies of Wills or Administrations proved at Manchester.
2:	The above information is taken from the National Probate Index and a transcript of the Will, both held at the Lancashire Archives in Preston.

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