Last updated 22/05/2008
This is the Last Will and Testament of John Badnall of Leek in the County of Stafford Gentleman made and Published this Thirty first day of May in the year of our Lord one Thousand seven hundred and Ninety three in manner following. that is to say...In the first place I order and direct all my just debts funeral expenses and the charge of the Probate hereof to be paid and Satisfied and subject thereto I give devise and bequeath all and Singular my real and Personal Estate of what nature or kind soever and wheresoever situate and being with the Appurtenances unto Simon Daybank of Leek Esquire and Lewes Davies of Leek Gentleman their Executors and Administrators for and during the full end and term of ninety nine years from thence next ensuing and fully to be compleat and ended if Elizabeth my wife my sister Sarah the widow of the late Thomas Smith and my neices Esther Smith, Ann Smith and Mary Smith or any of them shall so long live upon the Trusts and to and for the intents and purposes herein after mentioned.
That is to say in the first place during the continuance of the said Term of ninety nine years to pay and apply such part of the Rents and produce of my real Estate from time to time as the said Simon Daybank and Lewes Davies their Executors and Administrators or Assigns shall think fit or necessary in the reparation of all and singular my Houses Buildings and real Estate and subject thereto, to pay and dispose of all and Singular the rents Interest Issues and Produce of all my Real and Personal Estate unto and to the use of my Wife Elizabeth Badnall for and during the Term of her natural Life and from and after her decease unto and to the use of my Sister Sarah the Widow of the late Thomas Smith for and during the Term of her natural Life which gift devise and bequest to my said sister I hereby declare shall not be at the disposal of subject or liable to the controul debts or engagements of any future Husband with whom she may inter marry but only for her own sole and separate use and from and after her decease unto and to the use of my Nieces Esther Smith Ann Smith and Mary Smith for and during the Terms of their natural Lives and the life of the longest liver of them.
And from and after the end expiration or other sooner determination of the said Term I give and devise all and singular my said real and Personal Estate unto my Nephew Charles Smith for and during the Term of his natural Life and after his decease as to for and concerning my said real Estate to the Heirs male of the body of my said Nephew Charles Smith lawfully begotton but for want of such male Issue I give and bequeath all and Singular my said Estate unto my Nephew Christopher Smith for his natural Life and after his decease to his heirs male of his Body lawfully begotten and in case no male Issue from the said Christopher Smith to devolve on my Nephew John Smith his heirs and Assigns forever. And lastly I do hereby nominate and Appoint my said Wife and the said Simon Daybank and Lewes Davies Executricix and Executors of this my last Will and Testament In Witness whereof I have hereunto set and put my hand and Seal the day and year first within written. John Badnall SEAL
Signed sealed published and declared by the said Testator Jn. Badnall as and for his last Will (signed) and Testament in the presence of us who in his presence and in the presence of each other have Subscribed our Names as Witnesses to Attest the same: Elizabeth Rathbone Sarah Keeling Jn0 Davenport
I John Badnall of Leek in the County of Stafford Gentleman do hereby declare the present writing to be a Codicil to my last Will and Testament before Written on this sheet of Paper and direct the same to be taken as part thereof And whereas by my said Will I gave devised and bequeathed all and Singular my real and Personal Estate unto Simon Daybank Esquire and Lewes Davies Gentleman both. of Leek aforesaid upon the trusts therein mentioned now I do hereby revoke the same so far only as relates to such part of my Personal Estate as consists of my Household Goods and Furniture Plate Linen and China in case my wife Elizabeth Badnall shall survive me but not otherwise and do hereby in such case give and bequeath all my said Household Goods and Furniture Plate Linen and China unto my said Wife Elizabeth Badnall Executors and Administrators and Assigns also six shares in the Tontine Association In witness whereof I the said John Badnall have to this Codicil set my hand and Seal this Thirty first day of May in the Year of our Lord one Thousand seven hundred and Ninety three Jn0 Badnall (signed) SEAL
Signed declared and Published as and for a Codicil to his last Will and Testament and to be taken as a part thereof in the Presence of Elizabeth Rathbone Sarah Keeling John Davenport
[Simon Debank and Lewis Davies renounced their executorship at Lichfield 21 April 1794 and this was admitted on 29 April 1794.] [An affidavit was sworn by Elizabeth Badnall executorix as to the amount of the goods credits and chattels of the deceased...NOT EXCEEDING £1000 Dated 21 April 1794.]
[A note indicates that the papers were sent to London 31 Jan.1797 re the cause Badnall v Debank]