Tuesday, January 02, 2007

d.1813 Hugh Ainscough of Ormskirk, liquor merchant - WILL

Hugh 1813 - WILL pg1
Hugh 1813 - WILL pg4.1

I wish to thank Andrew Scarisbrick (andy_scarisbrick@hotmail.com) who has kindly provided and transcribed the following will detail of Hugh Ainscough. Hugh was the youngest of 3 sons of James Aiscough (1711). His eldest brother John Aiscough (1752) was my GGGGG grandad, so I guess this makes this Hugh a very great uncle of mine!

Andy Scarisbrick also writes, "Oh, and in St Helens church, I found the marriage of Mary Ainscough to Thomas Eccleston. Mary was the sister of Hugh (d.1813), John and James. I have also found the will of Margaret Ainscough of Ormskirk, spinster d.1812. From the info in the will, she is another sister of Mary, Hugh, John and James above. I shall transcribe it and pass that on for you."

Hugh Ainscough (1760-1813)

PARENTS: my GGGGGG grandparents
James Aiscough (1711-1781) & Margaret (1717-1781)

Ann (1742-aft 1813)m John Stopford (children Henry Stopford & John Stopford)
Elizabeth (Betty) (1747-bef.1813)m? (children Mary Worthington & Margaret Brown)
Margaret (Peggy)(1749-1812) spinster, Ormskirk
John (1752- 1835) my GGGGG grandad
Mary (Molly) (1753-aft 1813) m Thomas Eccleston (St Helens)
James (1756-1813) m Elizabeth Fletcher (?-1813)
Jennet (Jane) (1770-bef 1813)

d.1813 - The Will of Hugh Ainscough of Ormskirk, liquor merchant

The last Will and Testament of me Hugh Ainscough of Scarisbrick in the County of Lancaster Liquor Merchant made published an declared the twenty seventh day of April in the year of our Lord One thousand eight hundred and thirteen. I give and devise unto my brother James the estate in Mawdsley which I hold by lease for his life. And I do also give and devise unto him my said brother James my land of Inheritance in Mawdsley called Rutter’s during his natural life. And from and after his decease I give and devise the said estate called Rutter’s unto Hugh Ainscough (son of my said brother James) To hold to him and the Heirs of his body lawfully sprung Subject nevertheless and I do hereby charge and make chargeable the said estate called Rutter’s (from and after the decease of my said brother) with one annuity yearly rent charge or sum of five pounds which I give and devise unto my said brother’s widow and her Assigns during her natural life. And from and after her decease with an annuity yearly rent charge or sum of three pounds which I give and devise unto my nephew John Stopford and his wife during their joint lives and unto the survivor during his or her life. The said annuities of five pounds and three pounds to be paid and payable by two equal half yearly payments __?__ on the feast of Saint Michael and the anniversary of our Lord Jesus Christ The first payment to be made on such of those days which shall next come next after the several contingencies happen upon which the same depend. And I do authorize and empower the widow of my said brother James and my said nephew John Stopford and his wife respectively to distrain and recover the said several annuities hereby given to them when in arrear in like manner as rent reserved on Lease may by law be distrained for and recovered. I give and bequeath unto my brother John five shillings as a token of remembrance and the like sum to each of his children. I give and bequeath to each of my said brother James’s children thirty pounds And to my nephews (sons of my sister Ann Stopford) each fifty pounds. To my nephew Henry Ainscough of Scarisbrick Miller the further sum of One hundred pounds. To my late sister Jane’s children each the sum of twenty pounds. To Margaret Brown (daughter of my late sister Elizabeth) twenty pounds, Ad to Mary Worthington (another daughter of my said sister Elizabeth) twenty pounds. The several Legacies to be paid and payable at the expiration of twelve calendar months next after my Death in case the persons to whom the same are given shall be content with this my will and satisfied to receive the same if not the legacies given to such discontented or dissatisfied legate or legatees are to sink into and become a part of the residue of my effects. I give and bequeath my household goods and furniture plate linnen and china equally between my nephew Henry Stopford and my niece Mary Worthington. And I give and bequeath my cloths and wearing apparel equally amongst my nephews. My interest in the stands and property upon Aughton Moss and in the Cockpit at Ormskirk I give unto Thomas Houghton (son of my friend Thomas Houghton). And I give and bequeath unto William and Thomas sons of my Nephew Edward and to my Nephew Henry Ainscough’s son each five pounds and the like sum of five pounds to the following persons __?__ to Henry son of John Halsall of Ormskirk, to Henry son of Henry Halsall of Ormskirk, to George son of Henry Ainscough of Scarisbrick. And I give and bequeath unto Mrs Nancy Jeffryes the sum of ten pounds. And it is my further will and mind that my nephew Henry Stopford shall have the preference in taking the stock at a fair valuation giving my Executors security for the amount payable within three years from my death. And I do particularly request him to assist my other Executors in collecting the Debts and otherwise arranging my affairs for the space of three years or until such time as the same can be properly wound up. In which cases at the end of the said term of three years I allow him to take to his own use and herebt give him two hundred pounds out of the stock and debts. And I do give and bequeath unto my brother James’s sons James Hugh Thomas and Henry and to John Watkinson’s two sons James and Hugh one hundred pounds out of the debts sum and sums of money which shall or may be collected during those three years to be paid and payable from and after divided amongst them after the complete discharge and satisfaction of my just debts funeral Expenses with the charges of the probate and Execution of this my will first taking into account and considering that my stock in trade is to be applied for that purpose together also with my two cottages is Bridge Street St Helens otherwise Hardshaw within Windle my house and premises in Aughton Street Ormskirk and all other my Messuages lands tenements and Hereditaments whatsoever and wheresoever not herein before disposed of. And I do give devise and bequeath the said cottages house and premises Messuage lands tenements and Hereditaments unto my Executors hereinafter named their Heirs Executors and administrators according to the nature thereof respectively Upon trust to sell and convert the same into money to meet the exingencies aforesaid. And I declare order and direct that the receipt and receipts of my said trustees and executors and of the survivors and survivor and of the Heirs Executors and Administrators of the survivor shall be a good and efficient discharge to any purchaser or purchasers of my estates property and effects hereinbefore directed to be sold and that such purchaser and purchasers shall not afterwards be subject or liable to look to the further application of the money mentioned in any such receipt or receipts or be answerable or accountable for the misapplication or nonapplication thereof to the trusts aforesaid. And as to any surplus of my debts remaining uncollected after the expiration of three years next after the payments aforesaid I give and bequeath the same unto my nephews Henry Stopforth and Henry Ainscough and my friend Matthias Smith of Ormskirk whom I do appoint Executors of this my will. And I declare that they or any or either of them shall not be liable or answerable for the others or other of them or for the acts deeds receipts or defaults of the others or other (joining only for conformity notwithstanding) Nor shall they or any of them be liable to make good any loss that may happen to my estates property and effects or any part thereof so as such loss happen without his their or any of their wilful neglect or default. And lastly that they my said trustees and Executors shall and may receive deduct and retain all his and their costs charges and expences incurred or sustained in about or consequent upon the execution of this my will. In witness whereof I have hereunto set my hand and seal the day and year first before written.

Signed sealed published and declared by the testator as and for his last will and testament in the presence of us who have hereunto subscribed our names as witnesses in his presence and in the presence of each other. The words “one hundred pounds out of the ” which “ to be paid and payable from and divided amongst them after ” payments the payments aforesaid ” being first interlined together with the word “ and “
Mary Fairhurst
Sanford Prescott
Tho: Houghton

Hugh Ainscough

Codicil to the above will
Sister Ann Stopford a white silk handkerchief, white silk gloves & ribbon
Sister Mary Eccleston – the like.
The Gig and horse to be sold so soon after my death as conveniently may be.
Witness my hand 27 April 1813
Hugh Ainscough
Witnesses Sanford Prescott
Tho: Houghton

1st May 1813 As a second codicil to this my will I give and bequeath unto my niece Mary Worthington the nest of drawers bedstocks and hangings bed bedding and what thereunto appertains now being in her lodging room And I give and bequeath unto my nephew Henry Stopford the remainder of my household goods and furniture upon payment of twenty pounds to the said Mary Worthington Except the bedstocks with plad hangings with bed and bedding and what appertains thereunto in the lodging room of my said niece which I give to my nephew Henry Ainscough and I give to my sister in law Betty the wife of my brother James a white silk handkerchief, white silk gloves and Ribbon. To Jane Watkinson of Scarisbrick Hall white silk gloves and Ribbon. To Ellen Grooshall of St. Helens white silk gloves and Ribbon And I do confirm my said will in all other respects.
Hugh Ainscough
Signed in the presence of Mary Fairhurst
Tho: Houghton

The tenth day of January 1814 Matthias Smith Executor in this will with two codicils named (power being __?__ to Henry Stopforth & Henry Ainscough executors also named to take upon themselves the execution of the said will when they shall lawfully request the same) as he further made oath that the personal estate & effects of the testator within the diocese of Chester were under the sum of fifteen hundred pounds before me
G Ford Surrogate

The testator died on the tenth day of May 1813

Under 1500
Probate Issued Dated 10 January 1814

[The use of different fonts within the text represents the use of different handwriting within the Will.]

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