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WILL OF JAMES FIELDEN OF CLOUGH

(1798-1855)

Picker Maker

INDEX PAGE

 

Extracted from the Registry of the Perogative Court of York

 

THIS IS THE LAST WILL AND TESTAMENT of me James Fielden of Clough near Todmorden in the County of Lancaster, picker maker. I appoint my nephew Josiah Fielden of Inchfield Fold in Walsden and my friends Peter Ormerod of Stoneswood Mill near Todmorden, Cotton Manufacturer, and Jospeh Woodhead of Gloucester Place, Everton, Liverpool, Confectioner, trustees and Executors of my will, and I direct them to pay my debts funeral and testamentary expenses as soon as convenient after my decease.

I give and bequeath my household goods and furniture, plate, linen, china, glass and books to my said trustees On trust to allow my dear wife Sally the use thereof or such part thereof as she may deem necessary during her life, and in case she should not require the whole thereof, I give and bequeath such part as she shall not select, And also at her decease such part as she may have the use of during her life, equally between my two Daughters. I direct that an inventory of the articles whereof my wife shall have the use shall be taken of which she shall keep one copy and my trustees another copy.

I give and bequeath to my said wife Twenty pounds, and to my Daughter Hannah one hundred pounds, to be paid to them respectively as soon as convenient after my decease, and bequeath my real estate and all other my personal estate to my said trustees, their heirs executors administrators and assigns, according to the nature thereof upon trust as to my share of a freehold dwellinghouse and hereditaments in Hammerton Street Burnley and their appurtenances, and as to my implements of trade, patterns and stock in trade, On trust that my said trustees or the survivor of them or their heirs executors or administrators of such survivor their or his assigns do and shall as soon as convenient after my decease sell the same by public auction or private contract subject to such conditions as to ?? or otherwise as they or he may seem proper, and with power to annul or vary any contract for sale and to buy in the said premises and resell the same without being accountable for any loss consequent on such resale.

And on trust to get in and convert into money all other my personal estate not consisting of money or railway shares, And on trust to invest all the monies to arise from the said sales and conversions, And all other my personal estate after payment of the said legacies on mortgages of freehold or leasehold property the debentures of Railway Companies or the public funds. And as to my freehold dwellinghouses, workshop, and hereditaments situate at Clough aforesaid and at Toad Carr in Stansfield in the County of York, On trust to let and manage the same during the life of my said Wife.

And I direct that my said trustees shall stand possessed of the rents, interests, dividends and income of my said freehold and personal estate on trust until my daughter Mary Jane shall attain the age of twenty one years, to pay thereout the sum of twelve shillings per week to my said Wife, Also the sum of twelve shillings per week to my daughter Hannah, the said to be respectively paid half yearly and to commence from my decease.

And on trust to apply a sufficient part of the said rents, dividends and income for the maintenance and education of my said Daughter Mary Jane and to invest the residue thereof if any until my daughter Mary Jane attain the age of twenty one years, and at that period I give and bequeath to her the sum of one thousand pounds. And when my daughter Mary Jane shall attain that age I direct that my Railway shares shall be sold and that my said trustees or trustee shall stand possessed of all the residue of my monies and personal estate On trust to pay one third part thereof with all accrumentations thereof to each of my said Daughters.

And I give and bequeath the same accordingly and on trust to invest as aforesaid one other third part thereof and to pay the interest and income thereof to my said Wife during her life.

And at her decease, On trust to invest the sum of One thousand pounds part of the said one third part or share or such ??? as aforesaid and to pay one half of the interest and income of the said sum of one thousand pounds by two equal half yearly payments to each of my said Daughters during her life for her separate use free from the control and engagements of any husband and so that the receipts of my said daughters respectively shall alone be sufficient ??? for the same and that they respectively shall not have power to dispose of or affect the same by way of anticipation, and after the death of my said daughters then as to the sum of five hundred pounds one half of the said sum of one thousand pounds In trust for all the children or every the child of the daughter so deceased who shall attain the age of twenty one years or marry and in equal shares if more than one and if either of my said daughters shall die under the age of twenty one years and unmarried Then on trust to pay the interest and income of the whole of the said sum of one thousand pounds to my other surviving daughter during her life for her separate use in manner aforesaid, and after her decease my said trustees shall hold the same In trust for all the children or every the child of such daughter who shall attain the age of twenty one years or marry and equally if more than one and if both my said daughters shall die without any children or child who shall attain the age of twenty one years or marry then I give and bequeath the said sum of one thousand pounds as follows: namely -

one seventh part thereof to the children of my late brother Samuel in equal shares, one seventh part thereof to the children of my late sister Mary Holt in equal shares, one seventh part thereof to my brother John or in case of his death to his children in equal shares, one seventh part thereof to the children of my late brother William including his natural son John Widdup in equal shares, one seventh part thereof to my brother Robert Fielden or in case of his death to his children in equal shares, one seventh part thereof to my sister Sally Hargreaves or in case of her death to her children who shall attain the age of twenty one years in equal shares, and one seventh part thereof to the children of my late brother Thomas who shall attain the age of twenty one in equal shares.

And at the decease of my said wife I give and bequeath the residue of the said one third share after providing for the said sum of one thousand pounds to my said daughters in equal shares.

And as to my said freehold dwellinghouses shop and hereditaments at Clough and Toad Carr aforesaid I direct that when my daughter Mary Jane shall attain the age of twenty one years my said trustee shall stand seized and possessed thereof on trust to pay out this part of the rents and income thereof to my wife during her life, and one third part thereof to each of my daughters during the life of my said wife, and on the decease of my said wife to the use of my said daughters their heirs and assigns in equal shares as tenants in common and I give and devise the said freehold premises accordingly.

I direct that if either of my said daughters shall die leaving a child or children before Mary Jane shall attain the age of twenty one years such child or children shall be entitled and if more than one equally to the share of my real and personal estate and the rents and income thereof to which his or her parent would have become entitled under my will, and if either of my said daughters shall die before the said period without child I give and bequeath such her share to my other daughter or in case of her death to her child or children and equally if more than one child. And in case both my said daughters shall be without issue before Mary Jane shall attain the age of twenty one years then I give and bequeath two third parts of my said moneys and residuary personal estate and two thirds of the rents of my said freehold premises during the life of my wife to my brothers and sisters or their children, and the children of my deceased brothers and sister in such manner as I have hereinbefore bequeathed to them the said sum of one thousand pounds. And at the decease of my said wife if both of my said daughters shall have died without issue as aforesaid I direct and empower my said trustees or trustee for the time being of my will to sell my said freehold hereditaments at Clough and Toad Carr in manner hereinbefore mentioned as to the sale of my property at Burnley and to pay and divide the proceeds thereof and the remaining one third part of the residue of my said monies and personal estate to and amongst my said brothers and sisters or their children and the children of my deceased brothers and sister in like manner as I have hereinbefore bequeathed the said two third parts of my residuary personal estate to them.

I declare that the provision hereinbefore contained for my said wife shall be in ??? of all bower or thirds out of my said freehold hereditaments and premises I also declare that the receipt of my said trustees or trustee for any purchase moneys or any other monies payable to them or him under my will shall be effectual discharges to any purchasers tenants or other persons and the persons so paying the same shall not be responsible for any lost misapplication or nonapplication thereof nor be obliged to see to the application thereof. And I declare that if any person herein or hereafter appointed as a trustee of my Will shall die or renounce or refuse or become incapable to perform the office of trustee it shall be lawful for my said daughters or the survivor of them or in case both of them shall be dead then for the other trustees or trustee or if there shall be no such trustee for the person retiring renouncing or refusing (being capable and willing to exercise this power) or if there shall be no such person for any executor or administrator of the trustee who shall then have last died in office at their or his direction to appoint any person or persons to be a trustee or trustees in the place of the trustee or trustees who shall be so dead or have renounced refused or become incapable to act as aforesaid I declare that no trustee of my Will shall be answerable for any Co-trustee or for any Banker Broker or other agent or for any money which he shall not actually receive or for any involuntary loss and that each trustee may retain and allow to his Co trustee out of any of the said trust monies all rents and expenses to be incurred by them or him in the execution of the trusts of my Will.

In witness whereof I the said James Fielden the Testator have to this my Will contained in five sheets of paper set my hand this second day of May in the year of our Lord one thousand eight hundred and fifty four.

James Fielden

signed by the above named James Fielden the words or any other monies in the first line of this page or sheet having been first underlined in the joint presence of each other have subscribed our names as witnesses thereto

Jas. Stansfield ??? Todmorden

Wm. Haigh Clough coal dealer.

 

The Will of James Fielden late of Clough near Todmorden in the Parish of Rochdale in the County of Lancaster Picker Maker deceased was proved at York on the third day of August in the year of our Lord one thousand and fifty five before the Right Worshipful Granville Harcourt ??? Master of Arts Commiassary and Keeper General Of the Exchequer and Perogative Court of York lawfully constituted by the oaths of Josiah Fielden the nephew Peter Ormerod and Joseph Woodhead the executors in the said Will named to whom administration was granted of all and singular the goods chattels and credits of the said deceased they having been first sworn before the Reverend Whiteley Clerk surrogate only to administer.

W. Hudson

Josh Buckley

Deputy Registrars

Proved at London on the 6th June 1856 before the Judge by the oaths of Josiah Fielden the nephew and Peter Ormerod two of the executors to whom ad??? Was granted they having been first sworn by common duly to administer power reserved of making the like grant to Joseph Woodhead the other executor when he shall apply for the same.

 

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