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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