The Will of George Swarbrick

THE WILL OF GEORGE SWARBRICK OF KIRKLAND, GARSTANG; 1753-1824.

I, George Swarbrick of Kirkland in the parish of Garstang and county of Lancaster, Miller, do make publish and declare this to be my last will and testament in a manner and form following, that is to say - first, I order and direct that all my just debts, funeral and testamentary expenses shall be paid off and discharged forth from and out of my effects - as, to, fro and concerning all that, my mill buildings, lands, premises situate, lying, and being in Kirkland aforesaid, which I hold under Thomas Butler Cole Esq. also, as, to, for, and concerning all (my) stock in trade, book debts, household goods and furniture, money, securities for money, and all and every the rest, residue, and remainder of my personal estate and effects whatsoever and wheresoever. I hereby give and bequeath all my term, right, tithe, and interest of, in, and unto the said premises (and personal estate) unto my dear and loving wife Mary and James Kenyon of Kirkland aforesaid, book-keeper, upon the trusts following, that is to say, upon trust to permit and suffer my said wife and her assigns to enjoy, receive, and take the annual benefit and advantage to arise from the whole thereof for her own use during the term of her natural life, and from and immediately after the decease of my said wife, then upon further trust that he, the said James Kenyon, his executors or (administrators), shall and do reduce the whole of the said premises and personal estate into eleven equal parts or shares which I hereby give and bequeath as follows, that is to say, one eleventh part thereof unto my son William - one other eleventh part thereof unto my son John - one other eleventh part thereof unto my son Richard - one other eleventh part thereof unto my son Thomas - one other eleventh part thereof unto my son James - one other eleventh part thereof unto my daughter Margaret - one other eleventh part thereof unto my daughter Mary - one other eleventh part thereof unto my daughter Ellen - one other eleventh part thereof unto my daughter Isabella - one other eleventh part thereof unto and equally amongst the children of my late son Robert - and the remaining one eleventh part thereof unto and equally amongst the children of my late daughter Nancy - and I hereby order and direct that my said sons William and James shall account for and allow out of their shares for money already advanced to them as follows, that is to say, William the sum of twenty pounds and James eight pounds - and in case any of my said sons and daughters shall happen to die before they be entitled to receive their shares and have lawful living issue, then I give the share of him, her, or them so dying to their respective issue, but in case any of them shall happen to die before they be entitled to receive their shares and leave no lawful issue, then and in such case I give the shares of them so dying unto my surviving sons and daughters and the children of such of them as shall be then dead, but nevertheless, each set of children shall be entitled to no more thereof than their deceased parent would have been entitled unto if living - and it is my will and mind, and I hereby order and direct that my executor, herein advised, shall have full power to apply the effects and money hereby given to my grandchildren in such manner as he shall think most to their advantage, and lastly I hereby revoke all will and wills by me at any time heretofore made, and of this my last will and testament do nominate, constitute and appoint my said wife and the said James Kenyon Executrix and executor. In witness whereof, I the said George Swarbrick, the testator, have hereunto set my hand and seal the twenty-eighth day of November in the year of Our Lord Christ one thousand eight hundred and twenty three.
The mark and seal of
George Swarbrick

Signed, sealed, published and declared by the said George Swarbrick, the testator, as and for his last will and testament in the presence of us who have hereunto subscribed our names as witnesses to attest the same - the words "my, and personal estates, administrators" being first inserted.

Rich'd Crane
Thomas Noble

On the ninth day of September in the year of Our Lord one thousand eight hundred and twenty-four this will of George Swarbrick, late of Kirkland in the parish of Garstang in the county of Lancaster, miller, within the archdeaconry of Richmond in the diocese of Chester, who departed this life on or about the sixteenth day of March one thousand eight hundred and twenty-four was proved in common form and Mary Swarbrick, widow, and James Kenyon, Book-keeper, both of Kirkland aforesaid 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 Mary Swarbrick and James Kenyon, the whole of the goods, chattels, and credits of which the testator died possessed within the archdeaconry of Richmond in the diocese of Chester (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 anything on account of the debts due and owing by and from the said testator) were under the value of three hundred pounds.

Before me
James Pedder B.A.
Surrogate