The Family of Joseph and Nancy Swarbrick: Probate Information

This is the last Will and Testament of me - Joseph Swarbrick of Garstang in the County of Lancaster.

I direct that all my just debts funeral and other expences shall be paid. I give and bequeath to my beloved wife Allice Swarbrick the whole of my house furniter what so ever they may be at my decease and the interest of all my money during her life time, and after the death of my beloved wife Allice Swarbrick I give to my son Thomas Swarbrick and my son George Swarbrick the whole of my property of what kind so ever and wheresoever that I may be possessed of at the time of my death, to be equally devided shair and shair alike , and I hereby appoint Robert Blacow, Thomas Swarbrick, George Swarbrick The Executors of this my last Will and Testament. In witness whereof I have here unto set my hand This Twenty nineth day of September in the year of our Lord one thousand eight hundred and fifty three

(signed) Joseph Swarbrick

Signed by the said testator as and for his last Will and Testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have subscribed our names as Witnesses.

(signed) John Giblin............ Robert Blacow

Probate dated twenty ninth day of October

On the seventh Day of August in the year of our Lord one thousand eight hundred and fifty five this Will of Joseph Swarbrick late of Garstang in the Parish of Garstang in the County of Lancaster within the Archdeaconry of Richmond in the Diocese of Chester and Manchester, Gentleman, who departed this life on or about the twelfth Day of February one thousand eight hundred and fifty five was proved in common form and Robert Blacow of Wesham in the Parish of Kirkham in the County of Lancaster, Clerk, Thomas Swarbrick of Upper Rawcliffe in the Parish of St Michaels in the County of Lancaster, Farmer, and George Swarbrick of Cockerham in the Parish of Cockerham in the County of Lancaster, Saddler, the Executors therein named were sworn well and faithfully to execute and perform the same and soforth and that according to the best of the knowledge, information and belief of the said Robert Blacow, Thomas Swarbrick and George Swarbrick the whole of the goods, chattels and credits of which the said testator Joseph Swarbrick died possessed within the Archdeaconry of Richmond in the Diocese of Chester and Manchester (exclusive of what the said Testator might have been possessed of or entitled to as a trustee for any other person or persons and not beneficially and without deducting any thing on account of the Debts due and owing by and from the said Testator) were under the value of six hundred pounds.

Before me

(signed) James Pedder M.A. Surrogate

AFFIDAVIT:

In the Consistory Court of Lancaster

In the goods of Joseph Swarbrick deceased Appeared personally Robert Blacow of Wesham in the County of Lancaster, Farmer, and made oath that he is one of the subscribed Witnesses to the last Will and Testament of Joseph Swarbrick, late of Garstang in the said County of Lancaster, Gentleman, deceased, bearing the date the twenty ninth Day of September one thousand eight hundred and fifty three and he further made oath that on the said twenty ninth Day of September the said Testator duly executed his said Will by signing his name at the foot or end thereof in the presence of the deponent and of John Giblin the other Witness thereto both of whom were present at the same time and respectively in the presence of the said Testator and of each other subscribed their names to the said Will as Witnesses of the due execution thereof and he further made oath that the name "Joseph" in the eleventh line of the first page was scored through and the name "George" interlined over the same and that the names "Robert Blacow, Thomas" were written upon an erasure in the fifteenth line of the first page or side of the said Will previously to the execution thereof.

(signed) Robert Blacow

On the twenty ninth Day of October one thousand eight hundred and fifty five the said Robert Blacow was sworn to the truth of this affidavit

Before me

(signed) James Pedder M.A. Surrogate

NOTES:
1:	The above Will was transcribed as written including what we would now consider spelling mistakes.
2:	There were two alterations made on the original Will. When naming his two sons as joint beneficiaries the name Joseph was first written for his second son. This was then scored out and the correct name, George, was written in. The names of the Executors were amended also, and these alterations had not been initialed by the Testator or his witnesses. This must have raised concerns when the Will came to be proved and was apparently the reason for the Affidavit sworn by one of the two witnesses, Robert Blacow.
3:	As was typical for this period, Nancy Swarbrick apparently left no Will, and I have not found any Will for Joseph's second wife Alice (Jenkinson) Swarbrick.
4:	The above information is taken from the original Will and Affidavit, both held at Lancashire Archives.