JOHN LAW OF DYKE GREEN, TODMORDEN

(1732-1781)

Bridge Master for the Salford One Hundred

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Will proved in the Prerogative Court of York 1781

Transcription by kind permission of Robert Priestley

I John Law of Heywood in the Parish of Bury and County of Lancaster, Bridge Builder, being somewhat indisposed in body but of sound and perfect memory and understanding, thanks to Almighty God for the same, do make and publish this my last will and testament in manner following.

First, I will that all my just debts, funeral expenses and the charges attending the probate of this my will be all paid and discharged out of such money as I shall have in my hands at the time of my decease, together with the money arising from the sale of my goods, chattels and household furniture, which I order my executors hereinafter named to appraise and sell (except such part of them as are hereinafter given to ANN my well beloved wife) as soon as convenient after my decease. But if the above fund be insufficient to answer the same debts and expenses then I will the deficiency to be made up out of the residue of my personal estate.

And it is my will and mind that if my said wife shall be minded to purchase such goods, chattels and household furniture or any part thereof, at the valuation or price set upon them, then my hereinafter named executors shall permit and suffer her to have the same at such rate. And in case she refuse, and my eldest son SAMUEL be willing so to purchase, I do hereby authorise and empower my said executors to allow him the same privilege.

And I give and devise unto my brother, SAMUEL LAW of Toad Carr, to my cousin JOHN TATTERSALL , and also to JOHN HOLT of Brick Oven near Todmorden, whom I hereby nominate and appoint my executors, all those my freehold messuages or dwelling houses situate and standing at Heywood aforesaid, now in the several occupation of me, the testator, JOHN WRIGLEY , JOHN FARRAR , BETTY WHITTAKER and MARY BUCKLEY , or our undertenants, with all outhouses, stables, privileges, hereditaments and appurtenances whatsoever to the same belonging. And also all those my leasehold messuages or dwelling houses called Toad Carr, with the Croft thereto adjoining, situate, standing and lying in Stansfield in the County of York, now in the several occupations of SAMUEL GANDY , SAMUEL LAW , JOSHUA FIELDEN and my said brother, SAMUEL LAW , or their respective assignees, together with all my estate and interest in that messuage and tenement called Ferney Lee, which I hold upon a lease under Mr. JOHN EASTWOOD ; to hold to them, my said executors, heirs, executors, administrators and assignees, from the time of my decease until my youngest son, ROBERT , shall attain to his age of 21 years if he so happens so long to live. If he happens to die before that time, then until the time he would have been at his said age in case he had lived. Upon Trust nevertheless that they, my said executors and the survivors or survivor of them, and their heirs, executors, administrators and assignees of such survivor shall and may let and set the same premises, and receive and recover the rents and profits yearly arising therefrom, and there out of in the first place pay the yearly rent and taxes, which shall grow due for all or any part of the said premises until the time above mentioned, and in the next place, to educate, bring up, and place at some reputable trade, calling or employment, him, my said son ROBERT , and also my youngest daughter SUSAN , such as to them my said son and daughter, and also to my executors, shall seem most agreeable.

And, (subject to the estate before given to my executors, and to be entered upon when the estate therein determined), I give and devise unto my said son SAMUEL , his heirs and assignees, forever, all those two messuages or dwelling houses standing at Heywood aforesaid now in my own occupation and also of the said JOHN WRIGLEY , together with one stable, and one half of the parcel of ground lying between the said stable and the house occupied by BETTY WHITTAKER , to be divided in the middle by a line extending east and west, and which said moiety or half so devised to my said son SAMUEL , adjoin upon and lie nearer the said stable, together also with all the gardens, folds, homesteads, hereditaments and appurtenances whatsoever to all the same devised premises or any part thereof belonging or occupied therewith. Subject to the payment of a proportional part of the sum of One Pound, Two Shillings and One Penny to Mr. JOHN DAWSON of Heywood aforesaid, his heirs or assignees, being the whole rent due to be paid for the same devised premises, and also for the residue of my said Freehold Estate situate at Heywood aforesaid. And also subject to the payment of a like proportionable part of all the taxes, which shall or may at any time hereafter be laid or imposed upon the whole of my said freehold premises. And also subject to the payment of the sum of £70 to be paid to my said executors at the time he enters into and upon the estate.

I also give and devise unto my said son ROBERT , his heirs and assignees forever, all those three other messuages or dwelling houses standing at Heywood aforesaid, now occupied by the said JOHN FARRAR , BETTY WHITAKER and MARY BUCKLEY ; also the other half of the aforesaid parcel of ground, with all the folds, homesteads, privileges, hereditaments and appurtenances to all the same devised premises belonging, to enter into and upon the estate when the estate of my executors therein determines as aforesaid. Subject to the payment of a proportionable part of the rent and taxes due, payable and to be paid for the whole premises. And in order to settle and adjust such proportionable part, I do hereby value the premises devised to my said son SAMUEL at the yearly rent and value of Nine Pounds and Thirteen Shillings, and the premises devised to my said son ROBERT at the rate of Five Pounds and Five Shillings, and I do order and direct them, my said 2 sons, to pay their proportionate parts accordingly. And if either of them neglect or refuse to pay such proportionate part, so that the other is compelled to pay the whole of the rent and taxes, then I do hereby order and empower such offended or aggrieved party to enter upon the premises belonging to the offending party (or take other steps or use any other means permitted by the Laws of the Realm, for reimbursing himself.) and receive and take the rents and profits thereof until such rents and taxes so refused, are paid, be fully raised and satisfied, with all costs and charges attending such entry.

I also give and bequeath to my said son ROBERT the sum of £15, to be paid when he enters to and upon the aforesaid estate.

I also give and devise unto ENOCH my son, all that House Body now occupied by the said SAMUEL GANDY , with the back rooms and also the chamber over the same, also all the west and upper bay of the old house now occupied by JOSHUA FIELDEN and my said brother SAMUEL , also all the housing and outhousing occupied by my said brother SAMUEL together with the Croft and gardens thereto adjoining, together also with that messuage and tenement called Ferney Lee, with all the privileges, hereditaments and appurtenances to all the said premises, all situate in Stansfield aforesaid. To hold to him, my son ENOCH , his heirs and assignees for and during all such term and terms of years as I now have therein, subject nevertheless to the estate before given to my executors of and in the same premises, and also subject to the payment of the whole rent to become yearly due to Messrs. JOHN EASTWOOD and WILLIAM GREENWOOD , and of all the taxes that shall or maybe imposed upon the same premises so given to him, and also subject to the performance of the Covenants and Agreements comprised in the several leases thereof made, so far as relate to the payment of rent for the whole, and the occupation and delivery up of his own part. And further subject to the performance of a certain contract or agreement sometime since entered into by me with my said brother SAMUEL , respecting paying him for his improvements at Ferney Lee in case he be turned out of his occupation before he has got himself reimbursed.

I also give and bequeath unto my said son ENOCH the sum of £14, to be paid to him when he enters into and upon his other estate.

I likewise give and devise unto MARY my daughter all that bay of building at Toad Carr aforesaid now occupied by the said SAMUEL GANDY and used as a grocer's shop, with the back rooms to the same belonging.

Also I give unto HANNAH my daughter all that bay of building now occupied by SAMUEL LAW and next adjoining to SAMUEL GANDY'S shop, with the back room to the same belonging.

Also to my daughter SUSAN I give and devise all the lower bay of the aforesaid house now occupied by the said JOSHUA FIELDEN , together with Liberty in Common for my said three daughters, their executors, administrators and assignees to make use of the necessary house standing near my said brother Samuel's door, with all other privileges and appurtenances to the same dwelling houses belonging, to hold to them, my said 3 daughters, their executors, administrators and assignees during all such term of years as I now have therein. Subject nevertheless to the estate before given to my said executors.

I also give and bequeath to my said daughter MARY the sum of £20, also to my daughter HANNAH the like sum of £20, and to my daughter SUSAN the sum of £30, to be given to them when my said son ROBERT attain his age of 21 as aforesaid. Except to SUSAN . Her share to be paid so soon after it can be done with safety to my executors.

And in case my said son ENOCH , his executors, administrators and assignees, do not at all times after his estate happens or comes in to his possession, indemnify my said three daughters, their executors, administrators and assignees, of and from the rent payable to Mr. W. GREENWOOD , then I do hereby give them the same power and authority to enter upon him as before mentioned respecting the premises given to my sons SAMUEL and ROBERT .

And if any of my children happen to die before their several estates come into their possession without leaving lawful issue, then I give the share or estate of such of them so dying unto all the surviving brothers and sisters equally and to be divided between and amongst them, share and share alike.

Also I give unto my wife all my leasehold premises situate at Whalley in the County of Lancaster called by the name of Fosters otherwise Walkers, and occupied by JOHN HARTLEY and THOMAS FREME . To hold to her and her assignees, from the time of my decease for and during all such estate and interest as I have therein. Subject to the payment of £5 to my executors at the end of one year next after my decease, and also to the payment of the yearly rent and performance of the Covenants reserved and contained in the lease thereof made.

I also give and bequeath unto her my said wife, one worked counterpane, one pair of fine sheets of her own choice, my two best table cloths, one oak chest of drawers marked A.W., also one tea chest, and canisters, and all my china, also all my silver teaspoons and tongs with all my silver table spoons.

I also give and bequeath to her the sum of £35 to be paid at the end of 12 months next after my decease. Yet nevertheless, the devise of the said leasehold premises and the bequest of the same £35 to be in lieu of all claims and demands which she may have and claim unto and upon all the other parts of my estate, by virtue of a certain Contract or Articles of Agreement made and executed by and between us before our marriage, or otherwise howsoever and upon condition that she do give such release to my executors as they or any of them may reasonable require, otherwise, not to be paid at all.

And as touching the residue of my substance or estate wheresoever and whatsoever, I give and bequeath the same and every part thereof in manner following:

I give and bequeath to my son SAMUEL the sum of £10, and to my son ROBERT the sum of £7. All the remainder thereof (after my executors' expenses and wages are deducted, which I hereby allow) I give all my children in such proportion as that every son may have double to that of a daughter, and to be paid to them when the other parts of the estate come into their possession.

And I do hereby allow my executors a discretionary power to act as they may se necessary in repairing any of my buildings or other part of the devised premises, or in advancing to any of my children a part of their fortune before the same be properly due if my executors see it to be necessary, and can do it consistent with their own safety, and it is my will that the expenses of such repairs, if any be made, shall be borne out of the whole stock and not out of the share of him or her to whom the said premises belongs.

And it is further my will that my said executors shall not be accountable for the acts, neglects or defaults of one another, but each for his own acts and defaults only, nor shall they or any of them be accountable for any losses that may happen, not through or by means of their wilful neglect or default. Nor shall they be chargeable with interest for any money of mine, save only from the time such money is actually lent out; though if any considerable sum comes to their hands, I desire them to lend it out as soon as they can do it with safety to themselves and my children.

And lastly, revoking all former wills and testaments by me heretofore made, I do publish and declare this present writing contained on 3 sheets of paper to be my last will, to all of which I have affixed my hand and seal the 29th. day of March in the Year of Our Lord 1781.

John Law (seal)

Witnesses:

John Wrigley

John Grindrod

Robert Ashworth

Inventory of all the goods, chattels and credits late belonging to John Law of Heywood, Bridge Builder, deceased, taken and made the 29th day of May 1781.

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