Extracts from the first Will of Alice Phethean dated 21st November 1797
In the name of God, Amen. Alice Phethean, of Breightmet, in the County of Lancaster, and parish of Bolton, innkeeper, being weak in body but of sound and perfect mind and memory, blessed be Almighty God for the same.Do make and publish this my last Will and Testament, in manner and form following (that is to say)
First, I give and bequeath unto my children as follows – To every child ten pounds a-piece, to be paid to each of them twenty shillings, a year till the said ten pounds to be paid them in full, namely, to Joseph, William, John, Josiah, and Thomas, my sons, also to Mary, Sally, Ann, and Margaret, my daughters.I also give to my granddaughter Catherine Phethean, ten pounds to be paid as above.
Also it is my will and mind that my daughters Ann and Margaret keep this public-house and all the furniture to remain in the house as they now are when I leave them, so long as they carry on the business of the public-house.
Also it is my will and mind that all the rest of my goods and chattels (sic) of what kind soever they be, be equally divided between my daughters, Ann and Margaret, only it is my will and my mind that my daughter Ann has all my wearing apparel, more than the rest.Also it is my will and mind that my daughter Ann has a proper maintenance (sic) as she is lame, but if my two daughters leave off keeping this public-house, then it is my will and mind that all the furniture above-mentioned be sold, and the above legacies paid to each of the above children.
Lastly, I nominate and appoint my sons Joseph Phethean and William Phethean executors of this my last Will and Testament, hereby revoking all former will or wills by me made, in witness whereof I have hereunto set my hand and seal this 21st day of November, one thousand seven hundred and ninety-seven.
Signed, sealed, published, and declared by the above-named Alice Phethean to be her last Will and Testament, in the presence of us who have hereunto subscribed our names as witnesses in presence of the testatrix.
Extracts from the second and final Will of Alice Phethean (d. 10 Oct 1806) dated 4th February 1804:
In the name of God, Amen. I, Alice Phethean, of Breightmet, in the County of Lancaster, innkeeper, being of sound body and disposing mind, memory, and understanding (although weak in body), thanks be to God for the same, do for a settling of my worldly affairs and concerns, make, declare and publish this to be my last Will and Testament in manner and form following, that is to say. First, it is my Will and mind that all my just debts and funeral expenses be paid and discharged out of my estate and effects as soon as conveniently may be after my decease.And I do hereby give and bequeath unto my daughter, Ann Phethean all my wearing apparel, both linens and woollens, and otherwise of what nature or kind so ever.
And also all the sheets, table linen and bolster cases which I may have at the time of my decease, either in my dwelling-house in which I now inhabit or elsewhere.And I do hereby give and bequeath unto the said Ann Phethean an oak dresser in the dwelling house I now inhabit, and I do hereby give and bequeath unto my said daughter, Ann Phethean, the best bed in my said dwelling house and all the bedding to it.
I also give and bequeath unto the said Ann Phethean, my daughter, one looking glass, a mahogany stand, half-a-dozen chairs, one mahogany dining table, and an oak clock, which said looking glass stand, chairs, dining table and clock are in the room over the house called the “house-part” in my said dwelling-house.And I do hereby direct and recommend my executors (after mentioned) to deliver over and give the said Ann Phethean, my said daughter, such implements and utensils and other necessary things for housekeeping out of my said other household goods as they may see most proper.And I do hereby give and bequeath unto my said daughter, Ann Phethean, the sum of one hundred pounds, to be paid to her out of the moneys arising from the sale of my personal estate and effects after-mentioned and which I direct my executors after-mentioned to pay unto the said Ann Phethean, as soon after my decease as the same sum of one hundred pounds can be raised out of my estate and effects, and which said sum of one hundred pounds, I do give to my said daughter Ann, as and for her own proper monies and effects for ever.
And I do hereby give unto Catherine Phethean, the natural daughter of my daughter Margaret Hardcastle (now a part of my family) one set of mahogany chest of drawers, now standing in the room upstairs over the parlour in my said dwelling-house.And all the rest, residue and remainderof my estate and effects of what nature or kind so ever and wheresoever, I do hereby give and bequeath unto the said Catherine Phethean, the natural daughter of my said daughter Peggy Hardcastle, and Joseph Phethean, Wm Phethean, John Phethean, Josiah Phethean, Thomas Phethean, of Little Lever, innkeeper, Sarah Rushton, and Peggy Hardcastle, my sons and daughter, and the children of my late daughter Mary Boardman (vide licit) alive, and Molly, otherwise Alice, and Mary Boardman, in equal proportions, share and share alike, except that the two children of my said late daughter, Mary, shall only be entitled to one ninth share of the residue of my said estate and effects between them.
And I do hereby nominate and appoint the said Joseph Phethean and William Phethean, executors of this my will and trustees for the interests and purposes herein before mentioned.And my will further is that my executors shall not be chargeable with or accountable for any loss or damage which may happen without their respective wilful neglect or default.Nor shall the one of them be answerable for any act, deed, or default of the other of them, of for or relating to the premises, but that they and each of them may deduct and retain to himself and themselves, all such monies as he or they shall lay out or expend on, or about the execution of this, my will.
And lastly, I do hereby revoke and make void all former and other Will and Wills by me at any time heretofore made, and do declare this only to be my last Will and Testament.In witness whereof I, the said, Alice Phethean, the testatrix to this my last Will and Testament, contained in two sheets of paper, to the first thereof have set and subscribed my hand, and to the second and last sheet my hand and seal, the fourth day of February, in the year of our Lord One Thousand Eight Hundred and Four.
Signed sealed, published, and delivered by the said Alice Phethean, the testatrix, as and for her last Will and Testament, in the presence of us, who at her request and in her sight and presence, and in the presence of each other, have subscribed our names as witnesses thereto:
The mark and seal of:
the mark + of JOHN LOMAX
Dated 4th February 1804.