Will of Reverend John Whitaker dated 15th February 1798
In the name of the blessed trinity Father Son and Holy Ghost, I John Whitaker Batchelor of Divinity and Rector of Ruan Lanyhorne in Cornwall (happy I thank God) in the Enjoyment of health but providing against the uncertainty of life do with my own hand make my last Will and Testament in form following.
My freehold houses in a street of Manchester called the Market Street Lane and my leasehold lands at Mireton near Manchester held under the Collegiate Church of Manchester and whatever else I may be possessed of or entitled to at or after my death I give bequeath and devise all after my first debts are paid to my dearly beloved wife Jane to her sole and absolute use and to her heirs executors adm~ors or assigns for ever and so far as I legally can with the leasehold but positively with the freehold in piece absolute unconditional fee simple but I devise bequeath and give them in thus absolutely and for ever to her in full confidence that she will do these three things. The first is that she will assign and make over to each of my three children by her Jane Margaret Sarah and Anna as they shall successively come to the age of twenty one such a share of my said property as shall be equal to half of that whole which by fair division would belong to each of them at her own death. The second is that she will at her death give bequeath and devise her other half of the whole or all the whole if no half has been yet given of the property so belonging to each, to each of my said children and the third is that she will in case any one of the said children shall die before she comes to the age of twenty one assign or make over or bequeath and devise the share or shares of the child so deceased in equal proportions to the two surviving children but in case two of them die as aforesaid then she will assign or make over or bequeath and devise the shares of both the children so deceased to the one only survivor of them and in case all three shall die as aforesaid then she will assign or make over or bequeath and devise the whole of my property at or before her death either to my brothers family or to her own relations as she shall think I would have given it if I had been alive and in such proportions to each of either as she shall think I would have made if I had been alive and to their heirs executors adm~ors or assigns respectively for ever. But in my said wifes performance of any or all these three things in order to give her full power over her children and full respectability with her or my relations in the bestowing upon or withholding from each of them as each deserves. I leave her entirely to the exercise of her own discretion and to the Government of her own honour I thus come the nearest that I can to a perpetuation of my own power for her life if she survives me sensible that she knows more of my partialities towards my children of my regards for my brothers family and of my respect for hers than any other person can possibly do and apprised that she can best correct them if experience after my death proves them wrong or can best pursue them if experience confirms their justness only I beg of her that forgetting all unkindness past from my brother as I now write forgiving all she will assign or make over or bequeath and devise such a superior share of my property as she thinks in that spirit of forgiving I should assign bequeath or devise to him or his. I know the greatness of the trust which I thus repose in my said wife but I know also the certitude of her principles and the goodness of her judgement nor do I hesitate after an experience of more than eighteen years with her to enlarge her powers and to extend my confidence still further I therefore add that if my said wife shall find herself in such a situation either before or after the decease of any such child or children as to want to appropriate to her own use for ever any part of the property here bequeathed and devised by me she herself is to be the only judge of this want or that situation and she is at full liberty to appropriate any part of the said property without any restraint from her conscience at the time and without any impeachment of her honour afterwards. I love and delight in this my last Will and Testament to pay such a Trust and voluntary compliment to the best wife that ever a Minister a religious man had thus relying with the most implicit confidence upon her good head and good heart I appoint her to be the sole executrix of this my last Will and Testament empowering her to sell, purchase with or act by my property as she shall think most expedient at the time and revoking all other Wills that have been made by me before only I subjoin that in consideration of the partiality which I feel for my youngest daughter Anna in remembrance of her answer which she made me at Christmas 1794 1795 when she professed herself ready to have her head cut off by the Guillotine rather than renounce her Redeemer and in trust my wife will make up my donation to her by something equivalent to my other daughters I leave her the said Anna my original miniature of Mary Queen of Scots sent me as a present for my Vindication of that queen and therefore prized peculiarly by me.
In witness whereof I have affixed my hand and seal this fifteenth day of February in the year of our Lord God 1798. John Whitaker ʘ
Signed Sealed Declared and published as and for his last Will and Testament by John Whitaker Clerk in the presence of us who in his and each others presence have hereunto set our hands the day and year above mentioned. Joanna Penroy – Elizabeth Solomon – Zacharias Collett – all three servants to John Whitaker.
This Will was proved at London the seventh day of September in the year of our Lord one thousand eight hundred and nine before the Right Honorable Sir John Michell Knight Doctor of Laws Master Keeper or Commissary of the prerogative Court of Canterbury lawfully constituted by the oath of Jane Whitaker Widow the Relict of the deceased and sole executrix named in the said Will to whom adm~on was granted of all and singular the Goods Chattels and Credits of the said deceased she having been first sworn (by Commission) duly to Administer.
Transcribed by Carol Hughes