Dated 4 Nov 1854
Will of Mr. John Barton of Upholland in the County of Lancaster Delf Master
This is the last Will and Testament of me John Barton of Upholland in the County of Lancaster made this fourth day of November in the year of our Lord one thousand eight hundred and fifty-four. I order and direct all my just debts funeral and testamentary expenses to be in the first place paid and discharged subject thereto I give devise and bequeath all my real and personal estate and effects whatsoever and wheresoever situate to my friend Thomas Hurst and my son John Barton – their heirs executors and administrators and assigns upon trust immediately after my decease to sell the same by public auction or private treaty as to them shall appear most beneficial for my estate. And I direct my said trustees to pay and divide the proceeds of such sale in manner following that is to say one eleventh part or share thereof to the children of my son Thomas in equal shares one other eleventh part or share thereof to the children of my daughter Margaret in equal shares one another eleventh part or share thereof to my daughter Betty Amhurst one other eleventh part or share thereof to my daughter Catharine Bennett one other eleventh part or share thereof to my daughter Jane Gerrard one other eleventh part or share thereof to my daughter Ann Ormisher one other part or share thereof to my daughter Ellen Mawdesley one other part or share thereof to my daughter Clarissa Ball one other eleventh part or share thereof to my son John Barton one other eleventh part or share thereof to my grandson Edward Barton son of my daughter Margaret Barton and the remaining eleventh part or share thereof to John Barton son of my daughter Margaret and Ann Gerard daughter of my daughter Jane in equal shares. I empower the Trustee or Trustee for the time being of this my Will to give receipts for all monies and effects to be paid or delivered to such trustees or trustee by virtue of my will and declare that such receipts shall exonerate the persons taking the same from all liability to see the application or disposition of the monies or effects therein mentioned. I empower the trustees or trustee for the time being of my Will to compound or allow time for the payment of any debt or debts due to my estate and to settle all demands against my estate and all accounts between me and any person or persons on such terms as my said trustees or trustee in their own discretion think expedient and to refer any matter in difference relating to my affairs to arbitration. And I exempt every trustee of my Will from losses occurring without his own wilful default. And I authorize him to retain and allow to his cotrustee or cotrustees all expenses incidental to the trusteeship. I appoint my friend Thomas Hurst aforesaid and my son John Barton Trustees and executors to this my will. Lastly I revoke all other Wills by me made. In witness whereof I have hereunto set my hand the day and year first before written.
Signed by the said Testator in the presence of us present at the same time who is in his presence and at his request have hereunto subscribed our names as witnesses.
John + Barton
[Written on the back of the cover]
The 16th Day of January, 1855
Thomas Hurst and John Barton, the Exors in this will named, were sworn in common form, and they further made oath, that the personal estate and effects of the Testator within the Diocese of Chester were under the value of ₤300 (Three Hundred Pounds) before me.
The Testator was of Upholland and Skelmersdale, both in the Co of Lan died on or about the 11th day of November, 1854