ABRAHAM CROSSLEY OF KNOWLWOOD IN WALSDEN
(1752-1817)
Cotton
Spinner
INDEX
PAGE
In
the name of God, Amen ,
I, Abraham Crossley of Walsden in the Parish of Rochdale in the
County of Lancaster, Cotton Spinner, being of a sound and disposing
mind, praised be to God for the same, do make and publish this my
Last Will and Testament.
FIRST,
I do order, will and direct that all my just debts, funeral, testamentary
and other expenses be in the first place paid and discharged by
my executors hereinafter named out of my real and personal estates.
And I do hereby expressly charge and make chargeable both my said
real and personal estates with the payment of the same.
And
whereas I am now seized of or otherwise well entitled unto the fee
simple and inheritance of and in a certain Cotton Mill, Dwelling
House, Copperas Works and Field called the Smithy Holme now in my
own possession, situate in Knowlwood in Walsden aforesaid, and also
of and in the several freehold Cottages or Dwelling Houses and Smithy
now in the respective possessions of William Stansfield, Eli Crossley,
John Highley and John Jackson also situate in Knowlwood aforesaid.
And also possessed of or entitled unto certain Machinery, Household
Furniture, Book debts, Stock in Trade and other personal estate.
Now
my will and mind is and I do hereby give, devise and bequeath my
said Mill, Dwelling House, Cottages, Smithy, Copperas Works, Field,
Machinery, Household Goods, Stock in Trade and all my other estate
and effects, both real and personal of what kind or nature the same
may be of, or wheresoever situated (except as hereinafter is particularly
excepted) in manner and form following, namely;
One
sixth part thereof I give, devise and bequeath to my loving wife
Sally Crossley to hold the same to her, her Heirs, Executors, Administrators
and Assignees forever.
One
other sixth part thereof to my son Eli Crossley, to hold the same
to him, his Heirs, Executors, Administrators and Assignees forever.
One
other sixth part thereof to my daughter Betty Crossley to hold the
same to her, her Heirs, Executors, Administrators and Assignees
forever.
One
other sixth part thereof to my son Abraham Crossley to hold the
same to him, his Heirs, Executors, Administrators and Assignees
forever.
One
other sixth part thereof to my son William Crossley to hold the
same to him, his Heirs, Executors, Administrators and Assignees
forever.
One
other sixth part thereof to my son Thomas Crossley to hold the same
to him, his Heirs, Executors, Administrators and Assignees forever.
PROVIDED
ALWAYS that in case of my death before my youngest son arrives at
his age of 21 years, that my said son Abraham Crossley shall conduct
and carry on my present businesses of Cotton Spinner and Copperas
Works for the general benefit and advantage of my said wife and
children until my said son Thomas Crossley attains his age of 21
years, or in case of his death without leaving lawful issue before
he attains the age of 21 years, then for my said son Abraham to
conduct and carry on my said businesses for the purpose aforesaid
until my next youngest child shall attain his or her age of 21 years,
and in the meantime, the profits arising therefrom to be paid and
applied towards the maintenance and education of my said children.
The surplus, if any, to go and be divided amongst my said wife and
children, share and share alike, to hold the same to them respectively
as Tenants in Common and not as Joint Tenants.
PROVIDED
ALWAYS nevertheless and my will and mind is that in case my said
wife shall claim her Dower or Thirds of and from my said freehold
and personal estates, then I will, order and direct that she shall
be excluded from all share and interest of and in the before mentioned
devise and bequest for her of my said real and personal estate.
PROVIDED FURTHER that in case my said wife shall claim and insist
upon her Dower and Thirds of my freehold and personal estates, then
and in such case I do hereby revoke and make void the devise and
bequest herein before made unto my said loving wife and my said
daughter Betty, and that then and in such case I give, devise and
bequeath all and every my said freehold, leasehold, and all other
my personal estate and effects (except as is hereafter excepted)
in manner following;
Fourth
part thereof to my son Eli Crossley, one other fourth part thereof
to my son Abraham Crossley, one other fourth part thereof to my
son William Crossley and one other fourth part thereof to my son
Thomas Crossley, to have and to hold the said respective fourth
shares of and in my said real and personal estate unto my said sons,
Eli, Abraham, William and Thomas, and their respective heirs, executors,
administrators and assignees forever as Tenants in Common and not
as Joint Tenants,
PROVIDED
FURTHER that in case any of my said sons dying before he or they
shall attain their respective ages of 21 years without leaving lawful
issue, then I do hereby further will, order and direct that the
share or shares of him or them so dying without lawful issue as
aforesaid, shall go to and be equally divided unto and amongst the
survivor and survivors of my said sons, share and share alike.
PROVIDED
FURTHER that in case my wife shall refuse to release and give up
her Dower or Thirds of and from my said freehold and personal estates,
still my will and mind is that my said businesses shall be carried
on by the said Abraham Crossley until my said son Thomas, or my
next surviving youngest son, shall attain the age of 21, and that
the profits, if any, shall in the mean time be paid and applied
towards the maintenance of my said four sons and the survivor of
them, and the surplus if any to go to be divided unto and amongst
my said sons in equal shares and proportions.
AND
WHEREAS I am entitled to a Tenant Right or interest of and in a
certain Colliery called Midgelden Coal Pit for a term of 5 years
not yet expired. Now my will and mind is, and I do hereby give,
devise and bequeath my said interest in the said Colliery unto my
said son Eli Crossley, his executors, administrators and assignees
anything here before contained to the contrary notwithstanding.
AND
I do hereby constitute and appoint Heyworth Heyworth of Todmorden,
Surgeon, and Samuel Fielden of Clough Mill in Walsden aforesaid,
Cotton Spinner, trustees and executors of this my will, and I do
hereby further declare my will to be that it shall and maybe lawful
to and for my said trustees and executors by and out of all or any
of the monies which by nature of this my will, or any trust therein
declared shall come to them or either of their hands to deduct certain
and reimburse themselves all such reasonable costs, expenses and
charges as they respectively shall and may sustain, expend, or be
put unto in or about the execution of this my will. And that my
said trustees and executors and their respective heirs, executors
and administrators shall be charged and chargeable only every of
them for and with his and their respective receipts, payments, acts
and wilful defaults, and not otherwise. And shall not be charged
and chargeable with or for any sum or sums of money other than such
as shall actually and respectively come to his or their hands by
nature of this my will. Nor with or for any loss or damage which
may happen in or about the execution of all or any of the trusts
hereby in them reposed, without his or their respective wilful defaults.
AND
LASTLY hereby revoking all former and other wills by me at any time
heretofore made, I declare this to be my last will and testament,
in witness whereof, I the said testator have to this, my last will
and testament, contained within these sheets of paper set my hand
and seal this fifteenth day of January in the Year of Our Lord One
Thousand Eight Hundred and Ten.
Signed
and sealed
Abm.
Crossley.
Signed,
sealed, published and declared by the said testator at and for his
Last Will and Testament in the presence of us, who in his presence
and at his request and in the presence of each other have set and
subscribed our names as witnesses thereto:
Sarah
Shaw
John
Shaw
The
thirty first day of July 1818
Samuel
Fielden of Clough Mill in Walsden in the Parish of Rochdale in the
County of Lancaster and Diocese of Chester, Cotton Spinner, one
of the executors in this will named, was sworn in common form, (power
being reserved to Heyworth Heyworth, the other executor therein
also named, to take upon him the execution of the said will when
he shall lawfully request the same), ad he further made oath that
the personal estate and effects of the testator within the Diocese
of Chester were under the value of three hundred pounds
Before
me,
Wm.
Hodgson
Surrogate
Probate
issued 31 st July 1818
Testator
died 20th day of November 1818. (sic*)
Actual
date of death was 20th November 1817.
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