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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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