JOHN CROWTHER

1750 TO 1815

Farmer and stone mason

INDEX PAGE

This is the last will and testament of me John Crowther of Midgelden within Hundersfield in the Parish of Rochdale in the county of Lancaster. Whereby I will and direct that all my just debts, funeral expenses with the charges of this my will in probate, together with all my executors reasonable wages and expenses for their trouble in and about the execution hereof, shall all be first paid and discharged out of my whole substance or estate.

And then I give and bequeath unto my two daughters Betty and Mary each the loom in which they now weave, to be delivered to them immediately after my funeral.

And then I do will Sarah my well beloved wife shall have the use and usage only (but not a power to sell or dispose thereof) of all my household furniture, beds and bedding, cattle, farming stock, husbandry tools and all and singular other my goods and chattels not hereinbefore given or disposed of for so long as she may be mindful to occupy the messuage or tenement which I now occupy situate at Midgelden aforesaid, and can agree with the owner thereof, and provided she remain my lawful widow and shall husband and farm the same in a judicious and profitable manner and so as not in anywise to decrease or lessen the stock in value. And when she my said wife shall be mindful to leave the same, or be compelled by the owner thereof to quit the premises, my will and mind is that she shall have and take up such parts of my household furniture as she may judge needful to furnish any one of my cottages or dwelling houses that she in a decent and comfortable manner may be mindful to occupy for and during her natural life or until she be married again, which may first happen. And immediately after such removal from the said messuage or tenement, I do order my executors hereinafter named and appointed to make sale by auction of all such cattle as may be then upon the premises, and also all the husbandry tools and all and singular of the residue of my household furniture and other goods and chattels not hereinbefore given and disposed of, of any kind whatsoever, and the money arising from such sale I will them to place out at interest on some good security or securities and pay and apply the interest arising therefrom as hereinafter directed.

And then I give and devise unto my son Thomas all .. and dwelling house situate at and called Hollingroyd in Hundersfield aforesaid being that next to the Turnpike Road, together with one undivided moiety or half part of the whole into two equal parts be divided of and in all the waste land or ground and water belonging to me and being contiguous thereunto and all privileges, rights, members and appurtenances whatsoever to the same belonging or appertaining as the same is now in the occupation of Abraham Earnshaw. To hold to him, my said son Thomas, his executors, administrators and assignees for all the rest, residue and remainder of the term of 999 years, created in and by a certain indenture of lease bearing the date on or about the 31 st day of December which was in the Year of Our Lord 1788. Subject nevertheless to the payment of one moiety of the rent reserved thereby and all other the covenant's provisos and of agreements therein contained on the Lessees part to be paid, done, kept and performed. And also subject to the proviso hereinafter contained.

I also give and devise unto my son Joseph all that my other newer erected cottage or dwelling house situate at and called Hollingreen aforesaid as the same is now in the tenure or occupation of Ellis Hollows, his assignees or under tenants, being the higher or nearer the ancient highway leading out of the said Turnpike Road up towards Sourhall. Together with an undivided moiety, or half part, the whole with two equal parts to be divided of and in all the waste land or ground and water belonging to me and being contiguous thereto and all the appurtenances to the same belonging or appertaining. To hold to him my son Joseph his executors, administrators and assignees for all the rest, residue and remainder of the term of 999 years, created in and by a certain indenture of lease bearing the date of or about the 31 st day of November in the Year of Our Lord 1788. Subject nevertheless to the payment of one moiety of the rent reserved thereby and all other the covenant's provisos and agreements therein contained on the Lessees part, to be paid, done, kept and performed. And also subject to the proviso hereinafter contained.

I also give and devise unto my son Elias all that my other cottage or dwelling house situate at Knowlwood Bottom in Walsden in the Parish of Rochdale aforesaid and now in the tenure or occupation of Ely Crossley, his assignees and undertenants, together with all privileges, easements, rights, members and appurtenances whatsoever to the same belonging or appertaining to or with the same now or usually occupied or enjoyed. To hold to him my said son Elias, his executors, administrators and assignees for all the rest, residue and remainder of the term of 496 years, created in and by a certain indenture of lease bearing the date on or about the 31 st day of December in the Year of Our Lord 1785. Subject nevertheless to the payment of the yearly rent thereby reserved and also to and singular the covenants, provisos and agreements therein contained which are, or ought to be, performed, fulfilled and kept on the Lessees part, charged and chargeable nevertheless with the payment of £30, which I will shall be added to my personal estate. I direct that the same promises shall next be released therefrom until the said £30 shall be actually raised and paid out of the same.

And I also devise the same cottages subject to the proviso next hereinafter mentioned of and concerning the same. That is to say, provided always, and I declare this to be my will and mind, that in case she my said wife never marry again, but continue my lawful widow, she shall be fully entitled to and receive, take and apply to her own use and benefit, all the rents and profits which may arise yearly out of my said three cottages or dwelling houses . also all interest which may arise out of my whole personal estate (except what I have hereinbefore given) with full power to found by reason of sickness or lamings insufficient for her decent and comfortable maintenance and support under such affliction. (But in case she happen to marry again, the executors hereinafter named and appointed, the sum of £15 a year by two equal payments and I will the same to be paid unto her own hand without any future husband intermeddling therewith, and that her receipt or receipts shall be a sufficient discharge for my executors without her husband joining therein, her coverture notwithstanding. And from and after my wife so marrying again, I will that my three sons, Thomas, Joseph and Elias shall come into possession of the respective cottages or dwelling houses I have hereinbefore devised unto them, and from thenceforth be entitled unto and take to them their respective use and uses the rents and profits thereof. And in the event of my wife so marrying it shall be found that more interest shall arise from my personal estate than the £15 I have heretobefore directed to be paid to her, then I will that such surplus shall be paid equally unto my three daughters, namely; Sarah, Betty and Mary, yearly and every year during the life of her, my said wife.

And then I give and bequeath unto my said three daughters each the sum of £120 to be paid unto them at the end of 3 months after my wife's decease.

All the rest, residue and remainder of my property I give and bequeath equally unto and amongst my six children before named, whether sons or daughters. And in case any of them be then dead and have left lawful issue behind him or her or them, then I give the share of him, her or them equally unto and amongst such issue to be paid out unto them when and as they attain their respective ages of 20 years.

And lastly, revoking and making void all former other will and wills by me already made, I do publish and declare this present writing to contain my last will and testament, and thereof I appoint my son Elias and my son-in-law Thomas Sutcliffe joint executors, hoping they will faithfully execute the trust I have in them. Given under my hand and seal this 17th day of January 1815.

John Crowther - X

Witnesses:

John Sutcliffe

William Mitchell - X

John Holt

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