John Staveley of Disley, Cheshire
In the name of God – Amen – I John Staveley the elder of Disley in the county of Chester Gentleman, being of sound and disposing mind memory and understanding do make and publish this my last will and testament in manner following that is to say I give and devise unto my dear wife Elizabeth and her assigns for and during the term of her natural life or so long thereof as she shall continue my Widow all that my messuage or dwelling house wherein I now reside situate and being at Disley aforesaid with the shop yard gardens and other appurtenances thereunto belonging and from and after the decease or second marriage of my said wife II give and devise the said messuage or dwelling house with the shop yard gardens and other appurtenances thereunto belonging unto my dear son John Staveley his heirs and assigns forever. I give and bequeath unto my dear Grandson John Wood Swindells the son of my dear daughter Martha Swindells the wife of Mr. George Swindells my silver watch. I give and bequeath unto my said son John Staveley and to Samuel Howard of Disley aforesaid Joiner their Executors administrators and assigns all the rest of my personal Estate and effects whatsoever and wheresoever upon the trusts and to and for the intents hereinafter expressed and declared concerning the same that is to say upon trust that they my said son John Staveley and the said Samuel Howard and the survivor of them and the executors or administrators of such survivor do and shall in the first place pay and discharge out of my personal estate all my past debts funeral expences and the expences of proving this my will and also do and shall as soon as conveniently may be after my decease out of my said personal Estate invest in the public funds or place out at interest upon good real security in the named or name of them my said son John Staveley and the said Samuel Howard and the survivor of them and the executors or administrators of such survivor and from time to time alter and transpose such securities as they or he may think proper the sum of four hundred pounds or a sum sufficient to produce by the dividends interest and proceeds thereof the annual or yearly sum of twenty pounds clear of all taxes and outgoings and do and shall pay apply and dispose of the same unto my said wife and her assigns for and during the term of her natural life or so long thereof as she
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shall continue my widow by two equal half yearly payments in every year the first of such half yearly payments to become due and be made at the end of the first half year next after such investment with a proportionate part of such dividends interest and proceeds for any less time than half a year next preceding her death or second marriage and in the mean time and until such investment shall be made I will and direct my said son John Staveley and the said Samuel Howard and the survivor of them and the executors or administrators of such survivor to pay to my said wife in manner aforesaid a like clear yearly sum of twenty pounds in heir thereof out of my personal estate or out of the interest of a sufficient part thereof the first of such half yearly payments to commence and be made at the end of the first half year next after my decease with a proportionate part of such dividends interest and proceeds for any less time than half a year from any day of payment next preceding. Such investment or next preceding her death or second marriage and upon further trust that they my said son John Staveley and the said Samuel Howard and the survivor of them and the executors or administrators of such survivor do and shall stand possessed of and interested in the residue of my personal Estate and also the said principal sum producing the said annual or yearly sum of twenty pounds from and after the decease or second marriage of said wife upon the trusts and to and for the intents hereinafter expressed and declared concerning the same. I give and devise all that my copyhold estate with its appurtenances situate lying and being in Disley aforesaid called the Asps and also all that my freehold close croft or parcel of land with its appurtenances situate lying and being in Disley aforesaid called Hollin Wood and part of the Crab Tree Hall lands in Disley and by me lately purchased from the trustees of the late Mr. Samuel Bowler and all those my several freehold messuages cottages or dwelling houses and other premises with their appurtenances situate standing and being in Disley aforesaid lately belonging to Mr. John Swindells unto my said son John Staveley and the said Samuel Howard and their heirs to the uses upon and for several trusts intents and purposes and with under and subject to the powers provisoed conditions and limitations hereinafter mentioned and expressed concerning the same that is to say to the use of William Howard of Disley aforesaid timber merchant and John Ardern late of Disley aforesaid by now of Barmon clough in the parish of Chapel in-le-Frith in the county of Derby Glazier
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their executors administrators and assigns for and during the term of ninety nine years to commence and be computed from the time of my death and thence next entering and fully to be complete and ended without impeachment of waste upon and for the trusts intents and purposes and with under and subject to the power hereinafter mentioned concerning the same that is to say upon trust that they the said William Howard and John Ardern and the survivor of them and the executors administrators or assigns of such survivor shall and do with and out of the rents issued and profits of the said hereditaments and premises comprised in the said term of ninety nine years or by such other ways or means as they or he shall think fit levy and raise during the natural life of my said wife or so long thereof as she shall remain my widow an annuity or clear yearly sum of twenty pounds of lawful British money clear of all taxes and outgoings whatsoever and pay the same to my said wife and her assigns for and during the term of her natural life or so long thereof as she shall continue my widow by tow equal half yearly payments namely on the twelfth day of May and the eleventh day of November in every year the first payment thereof to be made on such of the said days as shall happen next after my decease with a proportionate part of such annuity for any time less than half a year next preceding her death or second marriage and to the intent and purpose and I do hereby will and direct that she my said wife and her assigns shall and may have and be entitled to such and the like powers of distress and entry on the hereditaments and premises to charges with the payment of the said last mentioned annuity or clear yearly sum of twenty pounds for recovering and obtaining the same or any part thereof when in arrear as are by law appointed for recovering of rent reserved upon lease or Common Demise PROVIDED ALWAYS and my will is that when and so soon as the aforesaid trusts hereinbefore mentioned and expressed concerning the said term of ninety nine years shall be in all things performed and at an end and the costs and charges of the trustees of the said term (if any) in or about or relating to the said trusts or any of them shall be wholly paid and satisfied the said term of ninety nine years of and in such of the said premises comprised in the same term as shall not have been mortgaged or disposed of for the purposes aforesaid shall thenceforth
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cease determine and be void to all intents and purposes whatsoever any thing hereinbefore contained to the contrary thereof notwithstanding and from and after the end expiration or other sooner determination of the said term of ninety nine years and in the mean time subject thereto and to the trusts thereof to the use of my said son John Staveley and the said Samuel Howard their executors administrators and assigns during the life of my said daughter Martha Swindells in trust by the usual ways and means to preserve the contingent remainders hereinafter limited and upon this further trust that they my said son John Staveley and the said Samuel Howard and the survivor of them and the executors administrators and assigns of such survivor do and shall from time to time and at all times during the life of my said daughter Martha Swindells pay apply and dispose of the rents issues and profits of my said estate called the Asps my said close of land called the Hollin Wood and my said messages or dwelling houses and other premises lately belonging to Mr. John Swindells and of every part thereof unto the proper hands of my said daughter Martha Swindells or unto her order to be signified by writing under her hand from time to time after the rents issues and profits for which or for any part of which such order shall be given shall have actually become due and payable but not otherwise to the intent that such rents issues and profits may be for the sole and separate use of my said daughter Martha Swindells independent of the said George Swindells or any other husband to whom she may hereafter be married and without being subject to the control debts or other engagements of the said George Swindells or any such future husband and to the intent that she my said daughter may not either covert or sole make any assignment or appointment by way of anticipation of any such rents issues and profits or any part thereof respectively before the same respectively shall have become due or payable and I do declare that the receipt and receipts of my said daughter Martha Swindells signed by her alone shall notwithstanding her present or any her future coverture be a good and sufficient discharge and good and sufficient discharges to my said son John Staveley and the said Samuel Howard and the survivor of them and the executors administrators and assigns of such survivor for so much of such rents issues and profits as shall be therein expressed to have been
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received and from and after the decease of my said daughter Martha Swindells Then as to for and concerning my said Estate called the Asps and the appurtenances to the use of my said Grandson John Wood Swindells and his assigns for and during his life and from and after the determination of that estate by forfeiture or otherwise in his life time. Then to the use of my said son John Staveley and the said Samuel Howard and their heirs during the life of my said Grandson John Wood Swindells In trust by the usual ways and means to preserve the contingent remainders hereinafter limited but nevertheless to permit and suffer my said grandson John Wood Swindells or his assigns to receive and take the rents issues and profits of the said estate called the Asps with the appurtenances for his own use during his life and from and immediately after the decease of my said grandson John Wood Swindells to the use of his first son lawfully to be begotten and the heirs male of the Body of such first son issuing and for default of such issue to the use of the second third fourth fifth and all and every other the son and sons of my said grandson John Wood Swindells lawfully to be begotten severally successively and in remainder one after another as they shall severally be in priority of birth and the heirs male of the Body and bodies of all and ever such son and sons issuing the elder of such sons and the heirs male of his and their Body and Bodies being always preferred and to take before the younger of the said sons and the heirs male of his and their Body and Bodies issuing and for want or in default of such issue to the use of all and ever the daughter and daughters of my said Grandson John Wood Swindells lawfully to be begotten equally to be divided between or amongst them if more than one share and share alike and they to take as tenants in common and not as joint tenants and the heirs of the Body and Bodies of all and every such daughter and daughters issuing and if there be a failure of issue of any such daughter or daughters then as to the part or share of such daughter or daughters whose issue shall so fail to the use of the remaining or other of the said daughters equally to be divided between them if more than one share and share alike and they to take as tenants in Common and not as joint tenants and the heirs of their respective Bodies issuing and in case there shall be a failure of issue
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of all such daughters but one or if there shall be but one such daughter then to the use of such remaining or only daughter and the heirs of her Body and for default of such issue to the use of the second third fourth fifth and all and every other younger son and sons of my said daughter Martha Swindells lawfully begotten or to be begotten severally successively and in remainder one after another as they shall severally be in priority of birth and the heirs male of the Body and Bodies of all and every such son and sons issuing the elder of such son and sons and the heirs male of his and their body and bodies being always preferred and to take before the younger of the said sons and the heirs male of his and their body and bodies issuing and for want or in default of such issue male of any such second third fourth fifth and all and every younger son and sons of my said daughter Martha Swindells to the use of all and every the daughter and daughters of such younger son and sons respectively lawfully to be begotten equally to be divided between or amongst them if more than one share and share alike and they to take as tenants in common and not as joint tenants and the heirs of the Body and Bodies of all and every such daughter and daughters issuing and if there be a failure of issue of any such daughter or daughters then as to the part or share of such daughter or daughters whose issue shall so fail to the use of the remaining or other of the said daughters equally to be divided between them if more than one share and share alike and they to take as tenants in common and not as joint tenants and the heirs of their respective bodies issuing and in case there shall be a failure of issue of all such daughters but one or if there shall be but one such daughter then to the use of such remaining or only daughter and the heirs of her Body and for want of or in default of such issue to the use of all and every the daughter and daughters of my said daughter Martha Swindells lawfully begotten or to be begotten equally to be divided between or amongst them if more than one share and share alike and they to take as tenants in common and not as joint tenants and the heirs of the Body and Bodies of all and every such daughter and daughters issuing and if there shall be a failure of issue in any such daughter or daughters then as to the part or share or parts or shares of such daughter or daughters whose issue shall so fail to the use
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of the remaining or other of the said daughters equally to be divided between them if more than one share and share alike and they to take as tenants in common and not as joint tenants and the heirs of their respective bodies issuing and in case there shall be a failure of issue of all such daughters but one or if there shall be but one such daughter then to the use of such remaining or only daughter and th heirs of her body and for default of such issue to the use of my own right heirs for ever PROVIDED ALWAYS and my will further is that is shall and may be lawful for my said son John Staveley and the said Samuel Howard and the survivor of them and the executor or administrators of such survivor with the consent in writing of my said daughter Martha Swindells whether covert or sole during her life and after her decease and during the minority of any person or persons for the time being entitled in possession under the limitations hereinbefore contained to my said estate called the Asps or any pert thereof at the discretion of them or him my said son John Staveley and the said Samuel Howard and the survivor of them and the executors or administrators of such survivor by any Deed or Deeds in writing to be sealed and delivered by them or him in the presence of and attested by two or more credible witnesses to appoint by way of lease all or any part of my said estate called the Asps to any person or persons for any term of years not exceeding twenty one years to take effect in possession and not in reversion at the best yearly rent that can be reasonably gotten for the same without taking any fine or foregift for the making thereof but so that there be contained therein a condition for re-entry on nonpayment of the rent thereby to be reserved and so that the lessee or lessees execute a counterpart thereof and thereby covenant for the due payment of the rent and be not make distinguishable for waste and from and immediately after the decease of my said daughter Martha Swindells then as to the said freehold close of land called the Hollin Wood and the said messuages or dwelling houses and other premises lately belonging to Mr. John Swindells with their respective appurtenances upon trust that they my said son John Stavely and the said Samuel Howard and the survivor of them and the heirs of such survivor do and shall immediately or as soon and conveniently may be after the decease of my said daughter Martha Swindells make sale and dispose of my said close of land called the Hollin Wood and my said messuages or dwelling houses and
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other premises lately belonging to Mr. John Swindells with the appurtenances unto any person or persons whoinsoever either by public auction or private contract for the best price or prices in money that can be reasonably had or gotten for the same and do and shall stand and be possessed of the money which shall arise from such sales upon the trusts and to and for the intents and purposes and with under and subject to such powers provisos declarations and restrictions as are hereinafter expressed concerning the same. And I do herby declare that the receipt and receipts of my trustee or trustees for the time being acting in the execution of the trusts hereby created shall be a good and sufficient discharge and good and sufficient discharges to the purchaser or purchasers of the same premises or any pert of parts thereof for so much of his her or their purchase monies as shall be therein expressed to have been received and that such purchaser or purchasers shall not afterwards be answerable or accountable for any loss misapplication or nonapplication of such purchase monies so to be received for any part thereof. And I do will and direct that my said son John Staveley and the said Samuel Howard and the survivor of them and the executors or administrators of such survivor shall stand and be possessed of and interested in the monies to arise and be made from the sale of my said close of land called Hollin Wood and my said messuages or dwelling houses and other premises lately belonging to Mr. John Swindells and the rents issued and profits thereof in the mean time in trust for all and every the child and children begotten and to be begotten of the body of my said daughter Martha Swindells (except my said grandson John Wood Swindells or such other of the sons of my said daughter Martha Swindells as shall for the time being by virtue of the limitations aforesaid become possessed of my said estate called the Asps who being a son or sons shall attain the age of twenty one years or dying under age shall leave issue him or them surviving or who being a daughter or daughters shall attain the age of twenty one years or marry under that age to be equally divided amongst them if more than one share and share alike as tenants in common and their respective executors or administrators and assigns and if but one such child besides such as shall for the time being by virtue of the limitations aforesaid become possessed of my said estate called the Asps then the whole for that one child his or her executors administrators and assigns. But in case there shall be no other child or children of my said daughter Martha Swindells but such as shall for the
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time being by virtue of the limitations aforesaid become possessed of my said estate called the asps then in trust for such child or children as shall for the time being by virtue of the limitations aforesaid become possessed of my said estate called the Asps to be equally divided amongst them if more than one share and share alike as tenants in common and their respective executors administrators and assigns and if but one then in trust for such one his other executors administrators and assigns and upon further trust that after the decease of my said daughter Martha Swindells until the said trust monies shall be actually vested in some person or persons under the trusts aforesaid my said son John Staveley and the said Samuel Howard and the survivor of them and the executors or administrators of such survivor do and shall invest in the Public Funds or place out at interest upon good real security in the names or name of them my said son John Staveley and the said Samuel Howard and the survivor of them and the executors or administrators of such survivor and from time to time alter and transpose such funds or securities as they or he may think proper the said trust monies or such part thereof as shall not for the time being have become vested and pay and apply the dividends interest and proceeds thereof for or towards the maintenance and education of the children or child whose shares or share shall not have become vested under the trusts aforesaid or otherwise for them or his or her benefit and in case my said daughter Martha Swindells shall happen to depart this life leaving no child or leaving such he she or they being a son or sons shall die under the age of twenty one years without leaving issue of his or their body or respective bodies living at the time of his or their decease or being a daughter or daughters shall die under that age without being or having been married then the said trust monies and funds and securities and the dividends interest and proceeds thereof shall e and remain in trust for my said son John Staveley his executors administrators and assigns. And I do also will and direct that they my said son John Staveley and the said Samuel Howard and the survivor of them and the executors or administrators of such survivor do and shall as soon after my decease as conveniently may be with the consent and approbation of my said daughter Martha Swindells lay out and invest the sum of one hundred and fifty pounds to be taken from my personal estate in the purchase of freehold or copyhold messuages or dwelling houses or other buildings lands and tenements situate lying and
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being in that part of Great Britain called England and also convey and settle the said freehold or copyhold messuages or dwelling houses or other buildings lands and tenements so to be purchased as aforesaid or cause and procure the same to be conveyed and settled to such uses and for such states and upon and for such trusts intents and purposes and with under and subject to such powers provisoes conditions and limitations as are hereinbefore limited created and expressed of and concerning my said close of land called the Hollin Wood and the said messuages or dwelling houses and other premises lately belonging to Mr. John Swindells, other than and except the aforesaid term of ninety nine years and the trusts thereof of as near thereto as the death of parties and other circumstances will then permit. And I do herby declare that on the sale of such freehold or copyhold messuages or dwelling houses or other buildings lands and tenements so to be purchased by my said trustees as aforesaid the receipt and receipts of my trustees or trustee for the time being acting in the execution of the trusts hereby created shall be a good and sufficient discharge and good and sufficient discharges to the purchaser or purchasers of all or any part of the premises for his her or their purchase money or so much thereof as shall be therein expressed to have been received and that such purchaser or purchasers shall not afterward be answerable or accountable for any misapplication or nonapplication of such purchase money or any part thereof and in the mean time and until the said sum of one hundred and fifty pounds shall be invested or laid out in such purchase or purchases as aforesaid do and shall from time to time invest the same in the Public funds or place the same out at interest upon good real security in the names or name of them my said son John Staveley and the said Samuel Howard and the survivor of them and the executors or administrators of such survivor and from time to time alter and transpose such securities as they or he may think proper. And my will is and I do hereby direct that all the dividends interest and proceeds of the said sum of hundred and fitty pounds and of the funds and securities thereof shall belong and paid and payable to such person or persons as would for the time being be entitled to the rents and profits of the messuages or dwelling houses or other buildings lands and tenements so ? purchased as aforesaid in case the same were actually purchased and settled as hereinbefore is directed and I give devise and bequeath all the rest residue and remainder of my messuages or dwelling houses lands tenements rents hereditaments and real estate whatsoever
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and wheresoever and also all the rest residue and remainder of my personal estate and effects whatsoever and wheresoever unto my said son John Staveley his heirs executors administrators and assigns according to the nature and quality thereof respectively. And I do hereby declare it to be my will and mind that the provision hereinbefore made for my said wife shall be in heir full bar and satisfaction of all dower and free bench which she could or might have claim challenge or demand out of all or any part of my messages land tenements rents and herediatments whereof wherein or whereunto I ever was now am or at any time or times hereafter shall or may be seized or entitled of any estate or inheritance or other estate to which power or free bench is incident provided always and I do hereby declare it to be my will and mind that in case my said trustees or either of them shall happen to die or be desirous of being discharged from or refuse or decline or become incapable to act in the trusts hereby in them reposed as aforesaid before the said trusts shall be fully performed or discharged then and in every such case it shall and may be lawful for the trustees or trustee for the time being or the executors or administrators of the last surviving or continuing trustee by any writing or writings under their his or her hands and seals or hand and heal to be attested by two or more credible witnesses from time to time to nominate and appoint any other fit person or persons to be a trustee or trustees in the head or place of the trustee or trustees so dying or desiring to be discharged or refusing declining or becoming incapable to act as a aforesaid and that when and as often as any new trustee or trustees shall be nominated and appointed as aforesaid all the said trust estates monies lands messuages hereditaments and premises shall be thereupon with all convenient speed conveyed surrendered assigned and transferred in such sort and names and so that the same shall and may be legally and effectually vested in the surviving or continuing trustee of the same trust estates monies lands messuages hereditaments and premises and such new trustee formally of if there shall be no such continuing trustee of the same trust estates monies lands messuages hereditaments and premises then in such new trustees solely upon and for such and the same uses trusts interests and purposes as are hereinbefore expressed and declared of and concerning the said trust estates monies lands messuages hereditaments and premises as aforesaid or such of them as shall be then subsisting and capable of taking effect and that
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every such new trustee or trustees shall have all the powers and authorities of the trustee or trustees in whose place he or they shall be appointed PROVIDED ALSO and I do further declare that it shall and may be lawful to and for my said trustees and each of them and such future trustee or trustees as aforesaid their and each of their heirs executors and administrators by or out of all or any of the monies which by virtue of this my will or trusts hereby declared shall come to their or any of their hands to deduct retain to and reimburse themselves and himself and also to allow to their cotrustees or cotrustee all such reasonable costs charges and expences as they respectively shall or may sustain or be put unto together with a reasonable allowance for their time care pains and trouble in and about the execution of this will or the trusts hereby in them reposed and also that my said trustees and their respective heirs executors and administrators shall be charged and chargeable only each of them for and with his or her own respective receipts payments acts and willful defaults and not otherwise and shall not be charged or chargeable with or for any sum or sums of money other than such sums as shall actually and respectively come to his or their hands by virtue of this my will nor with or for any loss or damage which may happen in placing or depositing all or any part of the said trust monies in any Bank or Bankers hands or elsewhere for safe custody not with or for any loss or damage which may happen in or about the execution of the several trusts aforesaid without his or their respective willful default. And I do hereby nominate constitute and appoint my said son John Staveley and the said Samuel Howard executors of this my will. And 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 to be my last will and testament IN WITNESS whereof I the said John Staveley the testator have to this my last will and testament contained in the eleven preceding sheets of paper affixed together at the top set my hand and seal to wit my hand to and at the bottom of the first second third fourth fifth sixth seventh eight ninth tenth and eleventh sheets and my hand and seal to this twelfth and last sheet in the usual form this twenty third day of September in the year of our Lord on thousand eight hundred and twenty three.
Signed sealed published and declared by the said John Staveley the testator as and for his last will and testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses to attest the due execution thereof………………John Staveley Senr.
William Hancock
Peter Thos. Westroff
? Walmsley
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A search of the Tithe Apportionments for Cheshire shows that John Staveley indeed owned a few parcels of land in the area. One of the tenants listed, on a property consisting of 2 roods, and 19 perches, was John's son in law George Swindells. The property is described as House, Garden, Stable & Shop; Cottages, Building, Yards, Garden & Waste. Another parcel of Cottages & Yards, adjacent to the one occupied by George, was in the tenancy of George's brother, Joseph Swindells. These parcels all were located between the present day Market St., and Hollinwood Rd. Another parcel of 28 perches of House & Gardens was leased to Jacob Lomas, just off Jackson's Edge Rd and Lowerlea, just west of the Market St property. Also, 17 perches of House & Gardens, just behind Jacob Lomas, in the tenancy of James Gaskell.
Parcels owned by John Staveley (Market St is to the south).
Map courtesy of the Cheshire County Council