JOSHUA FIELDEN OF WATERSIDE TODMORDEN

1778-1847

Gentleman

INDEX PAGE

This is the last Will and Testament of me Joshua Fielden of Waterside near Todmorden in the county of Lancaster, Esquire. I give and bequeath all my household goods and furniture, plate, linen, china, books, pictures, carriages and horses and harness used for my own private purposes, and also my poultry, to my sister Sarah for her own absolute benefit.

I give and devise all that my estate situate at Lumbutts within Langfield in the parish of Halifax in the County of York, with the buildings, dwelling houses, lands, reservoirs, dams, waterfalls, goits, hereditaments, privileges and appurtenances thereto belonging or therewith occupied, unto my brothers, James and Thomas, my nephew, John Fielden Junior of Centre Vale, their heirs and assigns on trust that they or the survivors or survivor of them his heirs or assigns, do and shall, convey the same to my brother John, his heirs and assigns as soon as convenient after my decease.

In exchange for certain farms and a mill called Waterstalls, Bottomley and Lower Stonehouse, situate in the township of Todmorden and Walsden in the Parish of Rochdale in the county of Lancaster, with the lands, reservoir, dams, waters and falls of water, cottages, buildings, hereditaments, privileges and appurtenances thereto belonging and therewith occupied, and in consideration of the sum of two thousand seven hundred and fifty pounds, to be paid to my said trustees or trustee for equality of such exchange and I direct that the said estates so to be taken in exchange shall be conveyed to my said trustees, their heirs and assigns to such ..and trusts as are hereinafter expressed and ..expecting Stoneswoodbottom and other estates hereinafter devised, in trust for my natural son Nathan Firth and his children and on order ? intention ? ..

I give and devise all that my mill or factory or estate at Mytholmroyd within Wadsworth in the parish of Halifax aforesaid. I devise all that my messuage and farm called R... in Wadsworth aforesaid and also my messuages and farms at Eastwood within Stansfield in the parish of Halifax aforesaid together with the lands, grounds, dams, reservoirs, waterfalls, dwelling houses, cottages, warehouses, buildings, hereditaments, rights, privileges and appurtenances thereto respectively belonging. And all other my freehold, copyhold and leasehold property situate in the several townships of Wadsworth, Midgley, Erringden and Stansfield unto my said trustees, their heirs and assigns on the trusts hereinafter mentioned. I give and bequeath one half part of all my monies and all my personal estate, except leasehold property not hereinbefore bequeathed, after payment of the sum of ten thousand pounds thereout, unto the trustees of a settlement made prior to the marriage of my daughter Jane, unto my said trustees, their executors, administrators and assigns, on the trusts hereinafter expressed, viz, I direct that my said trustees and trustee, for the time being, of this my Will, shall stand seized and possessed of the said freehold, copyhold and leasehold estates hereinbefore lastly devised, and the said one half of my monies and personal estate except as aforesaid, on trust to pay the sum of one thousand pounds per annum out of the rents, interest and profits thereof, to my son John during his life, by equal quarterly payments, the first thereof to be made in three months after my decease, and on further trust, in trust, my said son John, shall die leaving his present or any future wife, him surviving, to pay to her the sum of two hundred and fifty pounds per annum during her life, out of the said rents, interest and profits. And the said to be paid to her by equal quarterly payments, the first to be made in three months after my said sons decease. And also on trust to pay and apply all or any part of the remaining rents, interest and profits for the maintenance, education, support and advancement of his lawful and natural children as to my said trustees or trustee shall seem most proper, and on trust to allow the surplus of the said rents, interests and profits, if any, after all such payments as aforesaid, to accumulate at interest until the decease of my said son, and after that event, on trust to convey, transfer and pay the said freehold, copyhold and leasehold estates and that the said moiety of personal estate and the securities on which the ..may be to the child or children or other issue, including the two natural children of my said son John, on their respectively attaining the age of twenty one years, their heirs, executors, administrators and assigns, according to the nature thereof, in such shares and proportions and in such manner as he my said son John, shall by deed, or will, appoint, subject nevertheless, to the said annuity of two hundred and fifty pounds, if he leave a wife him surviving, and in default of such appointment or in case my said son shall have only a normal child or children and no other issue living on his decease, then I authorize and direct that the trustees or trustee for the time being of my will, shall exercise such power of appointment in lieu ? Of and to the ....of my said son.

And in case of his leaving only a natural child and no other issue living at his decease, my said trustees or trustee, shall have power to appoint the said last mentioned trust, estates and premises, to and in favour of my daughter Jane Ramsbottom and her children or other issue as well as any such natural child or children, in such shares and manner as they or he may deem proper, subject as aforesaid.

And I give and devise all that my messuage and farm, freehold and copyhold, called Stoneswoodbottom, all that my mill called Longlees, all those my farms called Higher Stonehouse and the ........ Those my inns or public houses called Bird in Hand and Woodcock all situate in Todmorden and Walsden aforesaid with the lands, grounds, dwelling houses, cottages, buildings, dams, waterfalls, hereditaments, rights, privileges and appurtenances, hereto respectively belonging unto my said trustees, their heirs and assigns, on trust to .... The rents thereof and to pay the account ? The sum of ten pounds per annum to the ..then of the said Nathan Firth, during the life of the said Nathan Firth, and to pay the residue of the said last mentioned rents and profits, to the said Nathan Firth during his life by two equal half yearly payments. And immediately after his decease, leaving his said mother and his wife or either of them, him surviving, on trust, to pay out of the said last mentioned rents, the sum of fifty pounds per annum by two equal half yearly payments, to his said mother and wife, and the survivor of them having life.

And on trust (subject to such annuities), to convey the said lastly devised estates and premises to the child ...... Of the said Nathan Firth his, her or their heirs and assigns in such shares and manner as he shall by deed, or will appoint. And in default of such appointment, to convey the same unto such, his child or children as shall attain the age of twenty one years, his, her or their, heirs and assigns in equal shares if more than one.

And in failure of such child or children, then ? As to the said estates called Steanor Bottom. Longlees and Bird in Hand on the trusts hereinbefore declared, concerning the estates hereinbefore devised for the benefit of my said son John, and his children. And as to the said estates called Higher Stonehouse, Holmes and Wood ???? On the trusts hereinafter declared, concerning the estates hereinafter devised to the benefit of my said daughter Jane, her husband and children.

I give, devise and bequeath all my other freehold, copyhold and leasehold estates, and hereditaments, whatsoever, Also the other moiety of my monies and personal estate aforesaid, and the said sum of two thousand and seven hundred and fifty pounds, hereinbefore mentioned, to my said trustees, their heirs, executors, administrators and assigns, on trust to receive the rents, interest and income thereof, and to pay the same to my said daughter Jane during life for her own separate and ...use and after her decease, leaving her husband, her surviving, on trust to pay such last mentioned, rents, interest and income, to him, during his life. And after the decease of the survivor of them, on trust to convert, transfer and assign the said estates, monies and premises to my said daughter Jane's child or children, or other issue, in such proportions and manner as she shall by deed or will appoint.

And in default of such appointment, to convey and transfer the same unto such child or children of my said daughter as shall attain the age of twenty-one years, if more than one, in equal shares. And in case my said daughter shall leave no issue, then subject to such life interest of her husband, on the trusts hereinbefore.. concerning the estates, monies and premises hereinbefore devised, and ..... For the benefit of my said son John and his issue, just in case my said son shall die without issue or natural child, then my said trustees or trustee shall stand possessed of the said estates, monies and premises, devised and bequeathed for the benefit of him and his children on the trusts hereinbefore declared concerning the said estates, monies and premises devised and bequeathed for the benefit of my said daughter, her husband and children.

And in case both my said son and daughter shall die without issue..being the natural children of the. ...Then as to all the said hereinbefore devised and bequeathed estates, monies and premises on trust for, and I hereby give, devise and bequeath the same to my brothers and ....And their respective child or children, and the child or children or issue of any deceased sister in capital ? Shares, such child or children and issue to....per... and not per capita.

I also direct that a certain estate called Wadsworth Roybinn (?) Wadsworth , which I have recently purchased shall be conveyed to my said trustees, their heirs and assigns, on trust as are hereinbefore declared, concerning the estates hereinbefore devised for the benefit of my said son John, and his children.

I further direct that my said trustees as shall out of the rents and income of the estates monies, and premises hereinbefore devised and bequeathed for the benefit of my son John and his children, pay to each of his sons, after attaining the age of twenty one years, in this lifetime, the sum of three hundred pounds per annum, with the decease of my said son, and shall also in like manner pay there out the sum of two hundred pounds per annum to each of his daughters who are shall attain the age of twenty one years or marry in his lifetime, until such his decease. And I direct that such payments shall be made before any surplus rents and income shall accumulate as hereinbefore directed.

I hereby authorize my said trustees to ..the said trust, monies and any accumulations thereof and of the said trust, estates in their possession at interest after the rate of three pounds ten shillings per rent per annum, for such period and from time to time? Until they earn interest the same on good and satisfactory .....

I express my balance shall not intrude the public funds or parliamentary .... Or in the purchase of lands and other hereditaments. And I express of my said trustees and trustee for the time being of my will to grant leases of any part or parts of my said estates, either for building or other purposes for any term of years and in such manner as they shall think proper with such privileges of water, roads and drainage as they may seem proper.

Also to sell or exchange any of my said estates and to reinvest any purchase monies arising therefrom or .. for.....of exchange in the purchase of other lands and hereditaments to be conveyed on such trusts as are hereinbefore declared, concerning the estates so to be sold or ...

I also empower the said trustees or trustee to invest all or any of the said trust monies in the purchase of lands and hereditaments to be conveyed on trusts as near as may be to the trusts hereinbefore mentioned, concerning the trust monies so to be invested.

I give and bequeath the sum of two hundred pounds per annum to my said trustees or trustee, for their time and trouble in the execution of my will, and I direct that they may retain and reimburse them selves all expenses, incurred in its execution, and that the ...of my said trustees or trustee, for the time being shall be sufficient discharges for any monies therein expressed to .. and shall effectively ? Discharge any purchaser, mortgagor, tenant or other person, paying the same from all responsibility in respect of the application thereof.

I appoint the said James Fielden, Thomas Fielden and John Fielden, Junior, Executors of my will and hereby revoking all former wills by me herebefore made. I declare this contained in seven sheets of paper to be my last Will and Testament. In witness whereof, I the said Joshua Fielden, have hereunto set my hand this twentieth day of November on thousand eight hundred and forty seven-

Joshua Fielden.

Signed by the said testator.

The following words having been first underlined "per annum out of the rents interest and profits thereof" between the fourteenth and fifteenth lines in the second sheet "and no other issue" between the sixth and seventh lines in the third sheet, "or other issue" between the third and fourth lines, "before" between the eleventh and twelfth lines and twelfth and thirteenth lines, "to him" between the twenty eighth and twenty ninth lines of the fourth sheet, "in equal shares" at the top of the fifth sheet, " securities which I expressly declare shall not include the public funds or parliamentary securities" between the eighth and ninth lines, and the word " two" between the twenty fifth and twenty sixth lines of the sixth sheet, and "after payment of the sum of ten thousand pounds thereout unto the trustees of a settlement made prior to the marriage of my daughter Jane" between the seventh and eighth lines of the second sheet and the following words having been first erased, "Firth" in the twenty eighth line of the third sheet, "after" in the twelfth and thirteenth lines, "daughter and her husband and children" in the thirteenth and fourteenth lines of the fourth sheet, "with" in the twenty first line in the fifth sheet, "obtain" in the eighth line and "there" in the twenty sixth line of the sixth sheet, and the word "Thomas" having been partially written on an..in the first line of this sheet.

In the .presence of us who in this presence and in the presence of each other, have subscribed our names as witnesses hereto-

Jas. Stansfield Solt. Todmorden,

Abraham Fielden, Wadsworth Mill.

This is a Codicil to the will of Joshua Fielden of Waterside near Todmorden in the county of Lancaster, Esquire, which bears date the twentieth day of November instant. I direct that in case my ....son, Nathan Firth, shall die without child or children as mentioned in the said will, the trustees and trustee, for the time being of my will shall stand possessed of the estates called Waterstalls, Bottomley and Lower Stonehouse which I have empowered my said trustees and trustee to .. in or exchange for Lumbutts Mill on further trusts as follows, namely as to the said estates called Waterstalls and Bottomley, on the same trusts as are so called ? On my said will concerning the estates, thereby provided for the benefit of my son John, and his children. And as to the said estates called Lower Stonehouse the same trusts as are declared in my said will, can remain, the estates thereby declared ? In trust for the benefit of my daughter Jane. ......And children.

I also hereby fully and expressly, devise that my said trustees or trustee, shall and may, retain in their or his possession, the just monies and accumulations mentioned in my will, at the rate of interest ...mentioned for ...Period as they or he may be willing to ...it on oath of interest, or may otherwise in their or his discretion deem proper. I further direct that my said trustees and trustee may out of the rents and profits of the trust estates mentioned in my will, apply and expand with sums from time to time to them as may be necessary in repairs of the said several estates and in order to maintain and uphold the same in good and favourable ? Condition.

I also declare that if any person in my will named a trustee thereof or thereafter appointed with trustee, should be or go abroad for ..months or ...Or relinquish or refuse or be incapable to perform the office, it shall be ... For the other trustees or trustee, or if there is no such trustee, for the person ....or remaining, being capable and willing to exercise this power, or if their be no such person for any executor or administrator of the .....shall then have last died in the office to appoint any person or persons to be a trustee or trustees in the room? Of .first mentioned person and in such, count all requisite ? consequences ? Shall be prepared to .all ..estates in the surviving or continuing, and with .trustee or trustees or in the ..above as the case may require.

I also devise all estates and hereditaments vested in me by way of trust ? Or mortgage, to the trustees of my .their heirs and assigns for the estates which I have therein upon the trusts and ...toward the same are subject ?

And I direct that my trustees or trustee for the time being of my will, shall possess full power to enter into such contracts as they or he may deem necessary or advisable and secure ? All requisite deeds, conveyances and ..for officiating ? Any sale or sales, exchange or exchanges of the said trust estates or any part or parts thereof.

I confirm my said will in all other respects. In witness whereof I the said Joshua Fielden have hereunto set my hand this twenty third day of November one thousand eight hundred and forty seven.

JoshuaX Fielden's mark

Signed by the said Joshua Fielden in the presence of us who in his presence and in the presence of each other have subscribed our names as witnesses thereto.

Jas. Stansfield Sol. Todmorden.

Abraham Fielden, Wadsworth Mill.

The Will with a codicil thereto of Joshua Fielden, late of Waterside near Todmorden in the county of Lancaster, Esquire, deceased, was proved at York the twentieth day of November in the year of our Lord, one thousand eight hundred and forty eight, before the Reverend Whiteley Mallinson, Clerk Surrogate of the Right Worshipful Granville Harcourt Vernon? Master of Arts, Commissary and Keeper of the Exchequer and Prorogative Court of York, lawfully constituted by the oaths of James Fielden and Thomas Fielden the brothers, and John Fielden Junior, the nephew, the executors therein so named, to whom administration was granted of all and singular, the goods, chattels and .of the said deceased, they having been first sworn to administration.

Joseph Buckley, Deputy Registrar.

Proved at London the 10 th day of February 1849 with a codicil, before the judge by the oaths of James Fielden and Thomas Fielden, the brothers, and John Fielden the younger, the nephew, the executors to whom administration was granted having been first sworn by common jury to administer.

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