In the Name of God Amen I John Loten the Elder
Collector of His Majestys Customs at Leigh in the County of Essex being of sound and
disposing mind memory and understanding Do make publish and declare this my last Will and
Testament in manner following (that is to say) I desire that my funeral may be conducted
with such decency and respect to which my Situation in life may entitle me and that my
Executor do not cause any unnecessary expense to be incurred therein or extravagant demand
to be paid on account thereof I will and direct that all my just Debts funeral and
Testamentary Expenses be paid and satisfied as soon as conveniently may be after my
decease I give an bequeath unto James Chant of Leigh aforesaid the sum of fifty pounds
also I give and bequeath unto Arthur Tyton of Wimbledon in the County of Surrey Esquire as
a token of my friendship and esteem the sum of five pounds for a Ring also I give and
bequeath to John Timstay Swainson of Liverpool Esquire and to Betty his wife the like sum
of five pounds each for a Ring also I give and bequeath to Willm Henry King of Leigh
aforesaid [blank] the sum of ten pounds for mourning also I give and bequeath to my Clerk Robert Willingate[1] the like sum of ten pounds of
mourning also I give and bequeath and desire that my Executor do pay to each Servant who
shall be in my service at the time of my decease the sum of two pounds two shillings for
mourning and it is my will that the several Legacies hereinbefore by me given and
bequeathed shall be respectively paid as soon as conveniently may be after my decease I
give devise and bequeathed all my freehold copyhold and Leasehold Messuages Lands
Tenements Hereditaments and other Real Estates with all and every the Rights members and
appurtenances thereunto belonging or appertaining (the copyhold parts whereof I have
surrendered to the uses of my last Will and Testament) and all and every other my Real and
personal Chattels and Effects whatsoever and wheresoever and of what nature tenure kind or
quality soever the same may be or consist whether in possession reversion remainder
expectancy or otherwise unto and to the use of John Loten of Leigh Commander of the
Safeguard his heirs Ex[ecut]ors Adm[inistrat]ors and assigns according to the several
natures tenures and qualities thereof respectively But in case my said Son John Loten
shall not be living at the time of my decease then I give devise and bequeath all my said
freehold copyhold and leasehold Messuages Lands Tenements Hereditaments and Real Estates
and all and every the rights member and appurtenances thereunto belong[in]g or
appertaining and all and every other my Real and personal Chattels and Effects whatsoever
and wheresoever and of what nat[ure] tenure kind or quality soever the same may be or
consist whether in possession [rev]ersion remainder expectancy or otherwise unto and to
the use of Mary Loten the wife of my said reputed Son John Loten and the said James Chant
their heirs Ex[ecut]ors Adm[inistrat]ors and Assigns according to the several natures
tenures and qualities thereof respectively Nevertheless upon the several trusts and to and
for the ends intents and purposes hereinafter by this my Will expressed and declared of
and concerning the same (that is to say) As to for and concerning all and every my said
freehold copyhold and other Real Estates with the rights members & appurtenances
thereunto belonging or appertaining and all and every the saleable parts of my said Real
and personal Chattels and Effects upon trust that they the said Mary Loten and James Chant
or the Survivor of them or the heirs Ex[ecut]ors Adm[inistrat]ors or Assigns of such
Survivor shall and do as soon as conveniently may be after my decease (in the event of the
decease of my said son John Loten in my lifetime) make sale and absolutely dispose of the
same with all and every the rights members and appurtenances thereunto respectively
belonging or appertaining either by public Sale or private Contract and either together or
in parcels and in such manner in all respects as they my said Trustees shall in their
discretion think proper to such person or persons who shall be willing or desirous to
become the purchaser or purchasers thereof for the best price or prices that can or may be
reasonably had or obtained for the same and shall and do convey surrender assign and
assure the same to the purchaser or purchasers thereof his her or their heirs Ex[ecut]ors
Adm[inistrat]ors and assigns or otherwise as he or they shall direct or appoint and
receive recover pay and apply the monies arising from such Sale or Sales Upon and for such
Trusts ends intents and purposes as are hereinafter by this my Will expressed and declared
of and concerning the same and as to for and concerning all such part or parts of my said
residuary Real and personal Chattels & Effects as shall consists of money or Debts or
Securities for money or Debts upon trust that they the said Mary Loten and James Chant or
the Survivor of them her or his Ex[ecut]ors Adm[inistrat]ors or Assigns shall and do as
soon as conveniently may be after my decease and in the event of the decease of my said
reputed son John Loten in my lifetime collect recover receive and get in the same and
every part thereof and convert into money all the remaining parts of my said residuary
personal Estates and Effects and stand possessed of and interested in all and every the
monies to arise therefrom Upon and for the several trusts and to and for the ends intents
and purposes hereinafter by this my will expressed and declared of and concerning the same
and I do hereby declare that when all or any part of my said Real or personal Estates and
Effects shall be sold or disposed or any monies received or recovered under and in
pursuance of the trusts of this my will the receipts and receipt of the said Mary Loten
and James Chant or the Survivor of them her or his Ex[ecut]ors or Adm[inistrat]ors or
others or other the Trustees or Trustee thereof for the time being shall be a good and
sufficient discharge and discharges to any and every purchaser or purchasers other person
or persons for his her or their respective purchase or other money or so much thereof as
in such receipt or receipts shall be acknowledged to have been received and that such
purchase or purchasers or other person or persons his her or their heirs Ex[ecut]ors
adm[inistrat]ors or assigns shall not afterwards be answerable or accountable for any loss
misapplication or nonapplication of such purchase or other money or any part thereof or be
in any wise obliged or concerned to see or account to the application thereof And as to
for and concerning all and singular the monies to arise and be received by or from the
sale of my said freehold copyhold and other Estates and Effects both Real and personal and
otherwise to arise by & under the trusts hereinbefore declared My will is and I do
hereby order direct and declare that the said Mary Loten and James Chant or the Survivor
of them her or his Ex[ecut]ors or Adm[inistrat]ors do and shall stand possessed thereof
and interested therein and in the rents issues and profits interest dividends and annual
proceeds of all and every my said Estates and Effects both Real and personal in the mean
time and until the same shall in the event aforesaid be sold upon trust that they my said
Trustees or the Survivor of them or the Ex[ecut]ors Adm[inistrat]ors or Assigns of such
Survivor shall and do thereout in the first place pay satisfy deduct and allow the Costs
and Charges of making such sale or sales as aforesaid and of making out the title to the
premises sold and otherwise attending the execution of the trusts aforesaid and from and
after the payment and deductions aforesaid upon trust that they my said Trustees or the
Survivor of them or the Ex[ecut]ors adm[inistrat]ors or assigns of such Survivor shall and
do stand possessed of and interested in all and every the Residue and Remainder of the
monies so to arise and be received by or from my said Estates and Effects under the trusts
aforesaid Upon trust that they my said Trustees or the Survivor of them or the Ex[ecut]ors
Adm[inistrat]ors or Assigns of such Survivor shall and do as soon as conveniently may be
lay out and invest the same in their her or his names in or upon some or one of the
parliamentary Stocks or Funds or Real or Government Securities at interest and my will is
and I do hereby declare and direct that they my said Trustees or the Survivor of them or
the Ex[ecut]ors Adm[inistrat]ors or Assigns of such Survivor shall and do stand possessed
of and interested in all and every the Sticks Funds and Securities in which the aforesaid
monies shall be so laid out or invested as aforesaid and of and in all such stocks funds
and Securities as I shall be possessed of and interested in at the time of my decease and
of and in the interest dividends and annual proceeds of all and every the before mentioned
Stocks funds and Securities Upon the Several Trusts nevertheless and to and for the
several ends intents and purposes and under and subject to the powers provisoes conditions
and declaration the said Mary Loten and James Chant s hereinafter by this my will
mentioned expressed and declared of and concerning the same (that is to say) as to for and
concerning one Moiety or equal half part of the same Trust Monies Stocks Funds Securities
and Premises Upon trust in case my said reputed Son John Loten shall die in my lifetime
and the said Mary Loten shall happen to survive him that she the said Mary Loten shall and
may by half yearly payments have receive and take the interest dividends and annual
proceeds of the same moiety for the purpose of the same being by her applied for and
towards the maintenance and support of herself and her Children by my said reputed Son
John Loten for and during the term of her natural life and as to for and concerning the
other or remaining moiety of the said trust monies Stocks funds securities and premises
Upon trust that they the said Mary Loten and James Chant or the Survivor of them or the
Ex[ecut]ors Adm[inistrat]ors or Assigns of such Survivor shall and do from time to time
during the natural life of the said Mary Loten receive the interest dividends and annual
proceeds thereof as and when the same shall be or become payable and when received
thereupon again lay out and invest the same in the like stocks or funds whereon the
principal thereof shall from time to time be invested and suffer the same to accumulate
until the decease of the said Mary Loten and from and after the decease of the said Mary
Loten Then as to for and concerning the said first mentioned moiety or equal half part of
the said trust monies Stocks Funds Securities and premises and the interest Dividends and
annual proceeds thereof which shall be then due and thereafter become due thereon and also
as to for and concerning the other or remaining moiety of the said Trust Stocks Funds and
Securities from and after such the decease of the said Mary Loten and the accumulated and
other interest Dividends and annual proceeds then due and thereafter to become due thereon
upon trust that they my said Trustees or the Survivor of them or the Ex[ecut]ors
Adm[inistrat]ors or Assigns of such Survivor shall and do pay transfer and assign all and
every the several before mentioned Trusts Stocks Funds Securities accumulated and other
interest dividends and proceeds thereof unto between and amongst all and every the Child
or Children of my said reputed Son John Loten who shall (in the event of my said reputed
Sons decease in my life time) be living at the time of my decease or born in due time
afterwards equally to be divided between or in amongst them if more than one share and
share alike and if but one then the whole thereof to such one Child such share or shares
to belong to and be an Interest vested in such Child or Children being a Son or Sons at
his or their age or respective ages of twenty
one years or being a Daughter or Daughters at her or their age or respective ages of
twenty one years or day or respective days of marriage which ever shall first happen and
to be paid transferred or assigned as aforesaid to such Child or Children accordingly And upon further trust that they my said
Trustees or the Survivor of them or the Ex[ecut]ors Adm[inistrat]ors or Assigns of such
Survivor shall and do from and after the decease of the said Mary Loten pay apply and dispose of their yearly interest
dividends and annual proceeds of the share of every such Child of him my said reputed Son
John Loten of and in the said Trust Stocks funds and Securities whose share shall not then
be vested or payable as and when the same shall from time to time become due and be
received for or towards his or her maintenance & education and until his or her share
or shares shall have become vested or payable or he or she shall die which shall first
happen provided always and I do hereby declare that if any such Child of my said reputed
Son John Loten shall happen to depart this life before the share hereby mentioned or
provided for him or her shall become vested then the share hereby intended and provided
for every such Child so dying as well original as accruing by virtue of this Clause or
provisoe shall from time to time go accrue and belong unto the Survivors or Survivor or
others or other of the said Children of m said reputed Son John Loten and shall be equally
divided between or amongst them if more than one share and share alike and if but one then
the whole thereof to that one and become vested in and be paid or payable to him her or
them at such and the same age or ages days or times and in the same manner as I have
hereinbefore directed provided and declared concerning his her or their original share or
shares respectively provided also and I do hereby declare that it shall and may be lawful
to and for my said Trustees or the Survivor of them or the Ex[ecut]ors Adm[inistrat]ors or
Assigns of such Survivor at any time to pay and apply any part of the then exportant share
or shares hereby intended and provided for any such Child of my said reputed Son John
Loten for the placing of any such Child or Children to or in any trade profession Business
or Employment or otherwise for his her or their preferment or advancement in the world
notwithstanding his her or their share or shares shall not then have become vested or due
or payable And upon this further trust that in
case there shall not be any Child of my said reputed Son John Loten who shall live to
become intitled to the said Trust Stocks Funds and Securities then that my said Trustees
or the Survivor of them or the Ex[ecut]ors Adm[inistrat]ors or Assigns of such Survivor
shall and do subject to the trusts aforesaid stand possessed of and interested in all and
every the then remainder of the same trust Stocks Funds and Securities and the interest
dividends and annual proceeds thereof In trust
for such person or persons as shall be or answer the description of my next of kin
according to the Statutes for the distribution of Intestates personal Estates and Effects
provided always and I do hereby declare that it shall and may be lawful to and for the
said Mary Loten and James Chant or the Survivor of them or other or others the Trustee or
Trustees for the time being to sell and dispose of any of the aforesaid Stocks or Funds
and call in any which may be invested upon Securities and lay out and invest the monies to
arise by or from such sale and disposition and money so to be called in as aforesaid in or
upon any other of the parliamentary Stocks or funds or upon any other sufficient Security
or Securities at interest and to alter change or vary such last mentioned Stocks funds or
Securities from time to time as occasion shall require so as that all the Stocks funds or
Securities so to be purchased or in or upon which the aforesaid Trust monies shall for the
time being be invested shall be upon and subject to the same Trusts and to and for the
same intents and purposes and under and subject to the same powers provisoes declarations
and agreements as are hereby expressed and declared of and concerning the said first
mentioned Stocks funds or Securities or such of them as shall be then subsisting
?imperformed? and capable of taking effect provided always and I do hereby declare that in
case the said Mary Loten & James Chant or either of them or any future Trustee shall
die or be desirous to be discharged of and from or refuse decline neglect or become
incapable to act in the several Trusts hereby in them reposed as aforesaid before the same
trusts shall be fully executed and performed then and in such case and when and so often
as the same shall happen it shall and may be lawful by and for the Survivors or Survivor
or others or other of my said Trustees for the time being and they or he are hereby
directed and required with all convenient speed to nominate substitute and appoint any
other person or persons to be a Trustee or Trustees in the place or stead of the present
or any succeeding Trustee or Trustees who shall so die or be desirous to be discharged of
and from or refuse decline neglect or become incapable to act in the said several Trusts
and that when and as often as any new Trustee or Trustees shall be so nominated and
appointed as aforesaid all the Trust Estates property and premises which were vested in
the Trustee or Trustees so dying or desirous to be discharged or refusing or neglecting
declining or becoming incapable to act as aforesaid shall be thereupon with all convenient
speed conveyed assigned and transferred in such sort and manner as that the same may be
legally and effectually vested in the surviving or continuing former Trustee or Trustees
if there be one and such new Trustee or Trustees but if there be no surviving or
continuing Trustee then in such new Trustees only upon the trusts hereinbefore declared of
and concerning the same Trusts Estates property and premises the Trustee or Trustees
whereof shall so die or be desirous of being discharged or refuse or neglect decline or
become incapable to act as aforesaid and that any such new Trustee or Trustees shall and
may in all things act and assist in the management carrying on and execution of the trusts
to which he or they shall be so appointed as fully and effectually in all respects and to
all intents and purposes and with the same powers in all respects as if he or they had
been originally in and by this my will nominated and appointed Trustee or Trustees for the
purposes for which he or they shall be so appointed Trustee or Trustees and as the said
Trustees of the said Trusts Estates property and premises hereby appointed are or would be
enabled to do or would have done respectively under and by virtue of this my will or any
thing herein contained or implied or otherwise if such original Trustees had been living
and continuing to act under or in execution of the Trusts and powers hereby in them
reposed or to them given And I do also
nominate constitute and appoint my said reputed Son John Loten Executor of this my last
Will and Testament but in the event of his decease in my lifetime then I appoint his said
Wife Mary Loten and the said James Chant Executors of this my said last Will and Testament
provided always and I do hereby further declare that they the said Mary Loten and James
Chant or either Survivor of them their or either of their heirs
Ex[ecut]ors Adm[inistrat]ors or Assigns or any other Trustee or Trustees to be appointed
as aforesaid shall not be charged or chargeable with or answerable or accountable for any
more of the said Trust Estates monies property and premises or of the Rents Interest
Dividends and produce thereof than what they respectively shall actually receive by virtue
of the trusts aforesaid nor with or for any loss that shall happen of or to the same Trust
Estates and premises or the Rents Dividends Interest and produce thereof so as such loss
happen without her his or their own wilful default or defaults nor any one or more of them
for the other or others of them but each of them only for her and his own acts deeds
receipts disbursements and defaults notwithstanding their joining in any act or receipt
for conformity And also that it shall and may be lawful to and for my Trustees
Ex[ecut]ors and other the Trustee or Trustees to be appointed as aforesaid their and each
of their Ex[ecut]ors Adm[inistrat]ors and Assigns in the first place by and out of the
Trust Estates Monies Rents interest Dividends produce and premises to deduct retain and
reimburse to herself himself and themselves respectively all such costs charges damages
and expenses as he they or any of them shall sustain expend or be put unto or which shall
or may be to them or any of them occasioned for or by reason of the trusts reposed in them
or in the management or execution thereof or any other thing in anywise relating thereto
and I the said John Loten the Elder hereby revoking and making void all former wills by me
at any time heretofore made do declare this only to be my last Will and Testament In
witness whereof I have to this my last will & Testament contained in this and the
eight preceding sheets of paper set my hand and Seal (that is to say) my hand to the
bottom of the said eight preceding sheets and my hand and seal to this ninth or last Sheet
of paper and my Seal on the top of the first of the said Sheets where all the Sheets are
fixed together this twelfth Day of December one thousand Eight hundred and <blank> -
John Loten – The writing contained in this and the eight preceding sheets of paper
was signed and sealed by the above named John Loten the Testator and by him published and
declared as and for his last Will and Testament in the presence of us who have hereunto at
his request and in his presence and in the presence of each other subscribed our names as
witnesses thereto – William Shore – W Kirbey – Josh Ingram
Appeared personally William Risby of Leigh in the County of Essex hair dresser and made oath that he is one of the subscribed witnesses to the last Will and Testament of John Loten the Elder late of Leigh aforesaid deceased hereunto annexed bearing date the 12th day of December one thousand and eight hundred and a Blank appearing to have been left therein for the conclusion of the date of the year and that to the best of his recollection the said will was duly signed sealed & published by the said Deceased in the presence of this Dep[onen]t and of William Shore and Joseph Ingram the other subscribed witnesses thereto on the 12th day of December which was in the year 1814 and he is certain that the said will was so executed by the said Decd in the said month of December 1814 – [signed] W Risbey – on the 2nd December 1815 the said William Risbey was duly sworn unto the truth of this affidavit Before me – [signed] S Parson Surro[gate] – pres[en]t Wm Fox Not[ary] Pub[lic]
Proved at London 11th December 1815 before the Wor[shi]p[fu]l John Dodson Dr of Laws & Surr[ogat]e by the oath of John Loten the sole Ex[ecut]or to whom admon was granted he having been first sworn duly to administer
Notes [1] Robert Willingate (or Willingale) was the husband of Mary Willingate (or Willingale) who was mentioned in the will of Thomas Harridge.