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| Transcript of the Will of Francis Barraclough of Eccleshill, September 1854 Ref Vol 233 Folio 351 from Peter Northing | |||||
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WILL OF FRANCIS BARRACLOUGH of Eccleshill made 25 September
1851 : I Francis Barraclough of Eccleshill in the Parish of Bradford
in the County of York, Gentleman, hereby revoke all former wills
codicils and other testamentary dispositions and declare this
to be my last Will and Testament. I give and devise, All that
messuage or dwelling house situated in Eccleshill aforesaid with
the Barn and outbuildings nar and belonging thereto And also
all that close of land in Ecleshill aforesaid called The Teanland
Garth, now divided into two closes, to the said messuage belonging
and adjoining and occupied therewith now in the occupation of
James Waterhouse And also all those three cottages or dwelling
houses situated in the Teanland Garth in Eccleshill aforesaid
with the outbuildings to the same belonging now in the several
occupations of William Burnley, James Waterhouse and Jesse Hollings
And also all those two closes of Land situated at Fagley in Eccleshill
aforesaid known by the several names of the South Royd (now in
two closes) and The Bottom Ing now in the occupation of the said
James Waterhouse. And also all those seven Cottages or Dwelling
houses situated in the Teanland Garth in Eccleshill aforesaid
with the outbuildings belonging thereto now in the several tenures
or occupations of John Pitts, Michael Skirrow, William Davison,
Benjamin Waterhouse, Thomas Neil, Joseph Ibberson and Sarah Midgley
And also all that allotment or parcel of Land part of the Common
or Waste Lands of Eccleshill aforesaid called the Major Field
now in the occupation of the said James Waterhouse Together with
the use and enjoyment of the pump or well of water and the privies
or ashplaces and other conveniences belonging to and now used
and enjoyed by the occupiers of the cottages or Dwelling houses
situated in Teanland Garth in Eccleshill aforesaid therewith
in common with the owners or occupiers of the remaining Dwelling
houses adjoining thereto in such and the like manner as the same
have been heretofore used and enjoyed and together with all yards,
ways, rights, members, easements, and appurtenances whatsoever
to the said heraditaments and premises and every part thereof
belonging or in anywise appertaining Unto and to the use of Samuel
Barraclough of Eccleshill aforesaid, Bookkeeper, Joseph Oddy
the younger of Eccleshill aforesaid, Cloth Manufacturer, and
my dear wife Charlotte Barraclough their heirs and assignes for
ever Upon Trust to receive and take the rents and profits thereof
and from time to time to pay thereout to my said wife so long
as she shall continue my widow a clear annual sum of twenty five
pounds by two equal half yearly payments free from all deductions
on account of any present or future Taxes, the first payment
to be made at the expiration of six calendar months next after
my decease and a proportionate part for the current half year
in which she shall happen to marry again or die, and to apply
so much of the residue of the said rents and profits as they
shall think proper for the maintenance, education, and support
or otherwise for the benefit of my Eldest son Benjamin until
he shall attain the age of twenty three years, and to invest
the residue thereof if any, on Government or real securities
so that the same and the resulting income thereof may accumulate
in the nature of compound Interest such accumulations nevertheless
remaining liable to be applied at the discretion of my said Trustees
for the time being in the maintenance, education and support
or otherwise for the benefit of my said son Benjamin at any future
period and when he shall attain the age of twenty three years
then to pay and assign all such accumulations as shall not have
been applied for his benefit pursuant to the power hereinbefore
contained and the securities for the same unto him for his own
absolute use and also to convey the said Messuage, cottages or
Dwelling houses, and other Buildings, Lands, grounds and heraditaments
unto and to the use of my said son Benjamin his heirs and assignes
for ever Subject Nevertheless to and charged with the future
payment of the said annual sum of twenty five pounds to my said
wie during her widowhood and to the usual remedy for the recovery
thereof and of all expenses by distress and sale (as often as
the same shall be in arrear for ten days) And I give and Devise
all that messuage or dwelling house with the Barn, stable , and
outbuildings thereto belonging situate at Eccleshill aforesaid
And also all those several closes or parcels of Land or ground
occupied therewith situate and being at Ecclehill aforesaid and
Idle in the Parish of Calverley in the said County with the allotments
belonging thereto and now occupied therewith now respectively
in the tenure or occupation of John Gill And also all those two
closes of Land situate in Norman Lane in Eccleshill aforesaid
known by the several names of The Upper Nichols and The Lower
Nichols, and now in the occupation of ther said James Waterhouse
Ans also all those two cottages of Dwellinghouses situated in
Eccleshill aforesaid with the Barn and outbuildings thereto belonging
formerly in the occupation of Charles Longbottom and Richard
Greaves, and the same are now in the several tenures or occupations
of the said Richard Greaves and Thomas Lee Together with all
yards, ways, rights, members, easements and appurtenances whatsoever
to the said heraditaments and premises and every part thereof
belonging or in anywise appertaining Unto and to the use of the
said Samuel Barraclough, Joseph Oddy the younger and my said
wife Charlotte their heirs and assignes for ever Upon Trust to
receive and take the rents and profits thereof and from time
to time to pay the rent to my said wife sop long as she shall
continue my widow a clear annual sum of Twenty pounds by two
equal half yearly payments, free from all deductions on acco8nt
of any present or future Taxes, the first payment to be made
at the expiration of six calendar months next after my decease
and a proportionate part for the current half year in which she
shall happen to marry again or die and to apply so much of the
residue of the said rents and profits as they shall think proper
for the maintenance, education, and support or otherwise for
the benefit of my second son Richard until he shall attain the
age of twenty three years And to invest the residue thereof (if
any) on Government or real securities so that the same and the
resulting income thereof may be accumulated in the nature of
compound Interest (such accumulations nevertheless remaining
liable to be applied at the discretion of my Trustees for the
time being in the maintenance, education and support or otherwise
for the benefit of my said son Richard at any future period.
And when he shall attain the age of twenty three years then to
pay and assign all such accumulations as shall not have been
applied for his benefit pursuant to the power hereinbefore contained,
and the securities for the same, unto him for his own absolute
use; and also to convey the said Cottages or Dwelling houses
and other Buildings, Lands, Grounds and hereditaments unto and
for the use of my said son Richard his heirs and assigns for
ever Subject nevertheless to the said estate and interest of
my said wife therein, and charged with the future payment of
the said annual sum of twenty pounds to my said wife during her
widowhood and to the usual remedy for the recovery thereof and
of all expenses by distress and sale as often as the same shall
be in arrears for ten days. And I give and devise All those three
messuages or Dwelling houses situated in Northowram in the parish
of Halifax in the said County with the outbuildings thereto belonging
And all and every my closes of land and other hereditaments situated
in Northowram aforesaid of whatever Tenure all formerly in the
occupation of Abraham Turner but now of Samuel Barraclough or
his under tenants And also all those two Cottages or Dwelling
houses situated in the Teanland Garth in Eccleshill aforesaid
with the outbuildings to the same belonging in the occupation
of Joseph Stansfield and Matthew Gill Together with the use of
the pump as aforesaid. Secondly All that the messuage or Dwelling
houses situated in Eccleshill aforesaid which I have recently
built and in which I now reside together with the Garden and
Croft called Esther Croft thereunto belonging which said messuage
or dwelling house with the said Garden and Croft is erected on
the site of or abutting on where formerly stood two old cottages
or Dwelling houses with the outbuildings thereunto belonging
formerly in the occupation of Rachel Gibbons and Samuel Procter
Together with all yards, warps, rights, members, easements and
appurtenances whatsoever to the said heraditaments and premises
and every part thereof belonging or in any wise appertaining
Unto and to the use of the said Samuel Barraclough, Joseph Oddy
the younger and my said wife Charlotte their heirs and assignes
for ever Upon Trust to permit and suffer my said wife to occupy
and use the messuage or Dwelling house secondly hereinbefore
mentioned during the term of her natural life without payment
of any rent whatsoever And upon Trust (subject as aforesaid)
to receive and take the rents and profits thereof and from time
to time to pay thereout to my said wife so long as she shall
continue my widow a clear annual sum of twenty pounds by two
equal half yearly payments free from all deductions on account
of any present or future Taxes, the first payment to be made
at the expiration of six calendar months next after my decease
and a proportionate part for the current half year in which she
shall marry again or die and to apply so much of the residue
of the said rents and profits as they shall think proper for
the maintenance, education and support or otherwise for the benefit
of my third son Francis until he shall attain the age of twenty
three years and to invest the residue thereof, if any, on Government
or I do certify that on the first day of September in the year
of our Lord 1854, he wife of William Dickinson, Charlotte Dickinson,
formerly Charlotte Barraclough, Widow of the relict, of Otley
Road in Bradford, in the County of York, Joseph Oddy the younger
of Eccleshill in the Parish of Bradford, cloth manufacturer,
(the surviving executors named in the said will) and Stead Pollard
of Eccleshill, farmer, (the executor named in the third codicil)
this the last will and testament with three codicils of Francis
Barraclough formerly of Eccleshill in the Parish of Bradford,
Gentleman, but late of the Airdale Inn Bradford aforesaid -----------
&c Innkeeper, deceased were sworn well and truly to execute
and perform the same & that the whole of the goods, chattels
& credits of the said Deceased within the Province of York
do not amount in value to the sum of £300 This is a codicil to the last Will and Testament of me Francis
Barraclough of Eccleshill in the parish of Bradford in he County
of York, Gentleman. Whereas in and by my last Will and Testament
in writing bearing the date on or about the twenty fifth day
of September in the year of our Lord one thousand eight hundred
and fifty I gave and devised certain messuages, cottages, Lands
and hereditaments unto and to the use of Samuel Barraclough,
Joseph Oddy the younger, and my dear wife Charlotte their heirs
and assignes Upon Trust to pay unto my said wife out of the rents
and profits thereof so long as she should continue my widow the
clear annual sum of twenty five pounds by equal half yearly payments
as therein mentioned with limitations over from and after her
decease or marriage again in favour of my son Benjamin on his
attaining the age of twenty three years subject to the said annual
sum of twenty five pounds and to the usual remedy for the recovery
thereof and of all expenses by distress and sale, as often as
the same should be in arrear for ten days Now I do hereby will
and declare that the said Tenements and hereditaments so devised
to my said son Benjamin as in my said will is mentioned shall
from and immediately after the marriage again of my said wife
Charlotte stand and be charges and chargeable with the payment
of the annual sum of twelve pounds and ten shillings to my said
wife Charlotte for and during the term of her natural life for
her separate and exclusive use free from the control and debts
of any future husband or husbands with whom she may happen to
intermarry, and so that she shall have no power to alien or anticipate
the growing payments thereof, her receipts alone being a sufficient
discharge for the same, such sum of twelve pounds and ten shillings
to be payable to her by two equal half yearly payments clear
of all deductions whatsoever, the first payment to be made at
the expiration of six calendar months next after her marriage
again, and a proportionate part of the said annual sum of twelve
pounds and ten shillings which may accrue due between the time
of the last half yearly payment up to and inclusive of the day
of the death of my said wife Charlotte. And whereas I also gave
and devised by my said will certain other messuages, cottages,
Lands and hereditaments unto and to the use of my said Trustees
Upon Trust to pay unto my said wife out of the rents and profits
thereof so long as she should continue my widow the clear annual
sum of twenty pounds by equal half yearly payments as therein
mentioned with limitations over from and after her decease or
marriage again in favour of my son Richard on his attaining his
age of twenty three tears subject to the said annual sum of twenty
pounds and to the usual remedy for the recovery thereof and of
all expenses by distress and Sale as often as the same should
be in arrear for ten days Now I do hereby will and declare that
the said tenements and hereditaments so devised to my said son
Richard as in my said will is mentioned shall from and immediately
after the marriage again of my said wife Charlotte stand and
be charged and chargeable with the payment of the annual sum
of twelve pounds and ten shillings to my said wife Charlotte
for and during the term of her natural life for her separate
and exclusive use as aforesaid free from the debts and control
of any future husband or husbands with whom she may happen to
intermarry and so that she shall have no powers to alien or anticipate
the growing payment thereof her receipt alone being a sufficient
discharge for the same, such sum of twelve pounds and ten shillings
to be payable to her by two equal half yearly payments clear
of all deductions, the first payment to be made at the expiration
of six calendar months next after her marriage again and a proportionate
part of the said annual sum of twelve pounds and ten shillings
which may accrue due between the time of the last half yearly
payment up to and inclusive of the day of the death of my said
wife Charlotte. And whereas I also gave and devised by my said
will certain other messuages, cottages, Lands, and hereditaments
unto and to the use of my said Trustees Upon Trust to pay unto
my said wife out of the rents and profits thereof so long as
she should continue my widow the clear annual sum of twenty pounds
by equal half yearly payments as therein mentioned with limitations
over from and after her decease or marriage again in favour of
my third son Francis on his attaining the age of twenty three
years subject to the said annual sum of twenty pounds to my said
wife during her widowhood and to the usual remedy for the recovery
thereof and of all expenses by distress and sale as often as
the same should be in arrear for ten days Now I do hereby will
and declare that the said Tenements and hereditaments so devised
to my said son Francis as in my said will is mentioned shall
from and immediately after the marriage again of my said wife
Charlotte stand and be charged and be chargeable with the payment
of the annual sum of ten pounds to my said wife Charlotte for
and during the term of her natural life for her separate and
exclusive use as aforesaid free from the debts or control of
any future husband with whom she may happen to intermarry and
so that she shall have no power to alien or anticipate the growing
payment thereof, her receipt alone being a sufficient discharge
for the same such sum of ten pounds to be payable to her by two
equal half yearly payments clear of all deductions, the first
payment to be made at the expiration of six calendar months next
after her marriage again and a proportionate part of the said
annual sum of ten pounds which may accrue due between the time
of the last half yearly payment up to and inclusive of the day
of the death of my said wife Charlotte And whereas I also gave
and devised by my said Will certain other messuages, cottages,
Lands, and hereditaments unto and to the use of my said trustees
Upon Trust to pay unto my said wife out of the rents and profits
thereof so long as she should continue my widow the clear annual
sum of ten pounds by equal half yearly payments as therein mentioned
with limitations over from and after her decease or marriage
again in favour of my fourth son John Farmery on his attaining
his age of twenty three years subject to the said annual sum
of ten pounds and to the usual remedy for the recovery thereof
and of all expenses by distress and Sale as often as the same
should be in arrear for ten days Now I do hereby will and declare
that the said tenements and hereditaments so devised to my said
son john Farmery as in my said will is mentioned shall from and
immediately after the marriage again of my said wife Charlotte
stand and be charges and chargeable with the payment of the annual
sum of five pounds to my said wife Charlotte for and during the
term of her natural life for her separate and exclusive use as
aforesaid free from all debts and control of any future husband
with whom she may happen to marry and so that she shall have
no power to alien or anticipate the growing payment thereof her
receipt alone being a sufficient discharge for the same. Such
sum of five pounds to be payable to her by two equal half yearly
payments clear of all deductions; the first payment to be made
at the expiration of six calendar months next after her marriage
again and a proportionate part of the said annual sum of five
pounds which may accumulate due between the time of the last
half yearly payment up to and inclusive of the day of the death
of my said wife Charlotte. And I hereby direct that in case my
said wife Charlotte shall alien, charge,anticipate or dispose
of the annual or other Income and provision hereby provided for
her after her marriage again for and during the term of her natural
life or if by operation of Law or by any other means the same
or any part thereof can no longer be personally enjoyed by her
then the several trusts hereinbefore declared shall immediately
as to so much of the said Income or provision as shall or but
for this proviso would belong to or become vested in some other
person or persons thereupon cease precisely as if she were then
dead And I do hereby will and declare that the usual remedy for
the recovery of the same and of all expenses by distress and
Sale declared and contained in and by my said will for the raising
and paying of the said sums of twenty five pounds, twenty pounds,
twenty pounds and ten pounds shall be applicable to the raising
and paying of the said sums of twelve pounds and ten shillings,
twelve pounds and ten shillings, ten pounds and five pounds hereby
charged as aforesaid and that my said Trustees shall stand and
be possessed of all the said tenemaents and hereditaments with
the appurtenances upon such and the same trusts and under such
and the same powers and provisoes as in my said will mentioned
And I I do hereby in all other respects confirm my said will
and declare this present writing to be a codicil to my said will.
In witness whereof I the said Francis Barraclough have to this
my codicil set and subscribed my hand this twenty fourth day
of February in the year of our Lord one thousand eight hundred
and fifty two. (Signed) Frances Barraclough This is the second codicil to the last will and testamenr
of me Francis Barraclough of Eccleshill in the parish of Bradford
in the county of York, Gentleman. Whereas in and by my last will
and Testament in writing bearing date on or about the twenty
fifth day of September in the year of our Lord one thousand eight
hundred and fifty one and in and by a codicil thereto in writing
bearing the date on or about the twenty fourth day of February
now last past I gave and devised all those two closes of Land
situate at Fagley in Eccleshill aforesaid known by the several
names of the South Royd (now in two closes) and the Bottom Ing
now in the occupation of Jame waterhouse ( together with other
hereditaments) unto and to the use of Samuel Barraclough, Joseph
Oddy the younger and my dear wife Charlotte their heirs and assignes
Upon Trust to pay unto my said wife out of the rents and profits
thereof the annual sum charged thereupon by my said will and
codicil with limitations over from and after her decease or marriage
again in favour of my son Benjamin on his attaining his age of
twenty three years Subject nevertheless to the said annual sums
as in the said will and codicil mentioned And whereas in and
by a certain Indenture of mortgage bearing date on or about the
thirtieth day of November now last past I have granted and released
the same two closes of Land unto Joshua Wilkinson of Aberford
in the said county of York, Wine Merchant, his heirs and assignes
for ever securing to him the said Joshua Wilkinson his executors,
administrators, or assignes the repayment of the sum of three
hundred pounds and interest thereon at the rate of four pounds
and ten shillings per centum per annum Now I do hereby direct
and declare it to be my will that the said Samuel Barraclough,
Joseph Oddy the younger and my dear wife Charlotte their heirs
and assignes shall and do hold the same two closes of Land subject
to the said mortgage debt which I hereby direct shall be borne
by my said estate so charged therewith exclusively of any of
my other property, except the other property which I have devised
to my said son Benjamin, and that my said son Benjamin his heirs,
executors, administrators, or assignes shall pay off and discharge
such mortgage debt and all interest accruing thereon from the
time of my decease accordingly And I do hereby in all other respects
ratify and confirm my said Will and the said first codicil thereto This is the third Codicil to the last will and testament of
me Francis Barraclough late of Eccleshill in the parish of Bradford
in the county of York, Gentleman, but now of the Airdale Inn
in Otley Road in Bradford aforesaid, Innkeeper, Whereas since
the date and executionof my Will in writing nearing the date
on of about the twenty fifth day of Septembe one thousand eight
hundred and fifty one, Samuel Barraclough of Eccleshillaforesiad,
Bookkeeper, one of my three Trustees and executors therin named
hath departed this life Now I do hereby appoint my friend Stead
Pollard of Eccleshill aforesaid, Farmer, a Trustee and executor
of my said Will in the room and place of the said Samuel Barraclough
deceased. And I direct and eclare that my said will shall be
read and construed in the same manner and shall have the same
operation and effect in all respects as if the name of the said
Stead Pollard had been originally inserted therein instead of
the name of the said Samuel Barraclough, deceased. And whereas
in and by my said Will and in and by a codicil thereto in writing
bearing date on or about the twenty fourth day of February one
thousand eight hundred and fifty two I gave and devised all that
messuage or Dwelling house situate at Idle in the parish of Calverley
in the said county of York, with the cottage, barn and other
outbuildings near or belonging thereto formerly in the several
occupations of Samuel Slater and Hannah Slater and John Waite
but then of James Atkinson and now in the tenure or occupation
of Mrs Ann Atkinson And also all those six closes or parcels
of Land at Idle aforesaid formerly in my own occupation but then
in the occupation of the said James Atkinson and now in the tenure
or occupation of the said Ann Atkinson with their appurtenances
(together with other hereditaments) unto and to the use of the
said Samuel Barraclough (now deceased) Joseph Oddy the younger
and my dear wife Charlotte their heirs and assignes Upon Trust
to pay unto my said wife out of the rents and profits thereof
the annual sums charged thereupon by my said Will and codicil
with limitations over from and after her decease or marriage
again in favour of my son John Farmery on his attaining his age
of twenty three years Subject nevertheless to the said annual
sums as in the said will and codicil mentioned And whereas in
and by a certain Indenture of mortgage bearing date on or about
the twenty ninth day of June now last passed I have granted and
released the same messuage or dwelling house, Cottage, barn,
outbuilding, closes or parcels of Land unto Joshua Wilkinson
of Aberford in the said county of York, Winemerchant, his heirs
and assignes for ever for securing to him the said Joshua Wilkinson
his executors, administrators, or assignes the payment of the
sum of five hundred pounds and interest thereon at the rate of
four pounds and ten shillings per centum per annum Now I do direct
and declare it to be my Will that the said Stead Pollard, Joseph
Oddy the younger, and my said wife Charlotte their heirs and
assignes shall and do hold the same messuage or dwelling house
cottage barn and outbuilding, closes or parcels of Land and also
all other messuages or dwelling houses, cottages, barns, buildings,
erections, closes, pieces, or parcels of Land, tenements, hjereditaments,
and premises in and by my said Will so given and devised in favour
of my sons Richard, Francis and John Farmery subject to the said
mortgage debt of five hundred pounds and interest which said
debt or sum of five hundred pounds and all interest to become
due thereon I hereby direct shall be charged and chargeable upon
the several estates so given and devised in and by my said will
in favour of my said sons Richard, Francis, and John Farmery
exclusively of any of my other property. And whereas in and by
my said Will and Codicil I gave and devised certain messuages
or dwelling houses, cottages, barns, buuldings, erections, closes,
pieces,or parcels of Land, tenements, hereditaments and premises
respectivelyunto and to the use of the said Samuel Barraclough
(now deceased) Joseph Oddy the younger, and my said wife Charlotte
their heirs and assignes Upon Trust to pay unto my said wife
out of the rents and profits thereof the annual sums charged
thereupon by my said will and Codicil with power for my said
Trustees or Trustee for the time being to apply so much of the
separate residue of the said rents and profits as they should
think proper for the maintenance, education, and support or otherwise
for the separate benefit of my said sons Richard, Francis, and
John Farmery until they respectively should attain the age of
twenty three years, and to invest the separate residue thereof
(if any) in such manner as in my said Will mentioned with limitations
over from and after her decease or marriage again as appears
by my said will and Codicil in favour of my said sons Richard,
Francis, and John Farmery on their respectively attaining the
age of twenty three years Subject nevertheless to the said annual
sums as in the said will and codicil mentioned Now I do hereby
direct that such separate Investments so to be made as aforesaid
shall be held and applied to my said Trustees for the time being
in addition to the application declared by my siaid will and
Codicil in, for, and towards the reduction, payment and discharge
of the said mortgage debt of five hundred pounds and all interest
thereon and every part thereof and after such payment and discharge
then to pay, assign, and convey the separate and respective accumulations,
securities, cottages, or dwelling houses, and other buildings,
lands, grounds, and hereditaments respectively unto my said sons
Richard, Francis and John Farmery as in my said will is mentioned
And whereas in and by my said will I gave and bequeathed all
my household goods and furniture, beds, bedding, plate, watches,
trinkets, linen, china, glass, books, and pictures unto the said
Samuel Barraclough (now deceased) Joseph Oddy the younger, And
my said wife Charlotte their executors, administrators and assignes
Upon Trust to permit and suffer my said wife to have the use
and enjoyment thereof so long as she should live and after her
death, then Upon Trust to deliver or divide the same unto and
equally amongst my four sons in equal shares and proportions
for their absolute use Now I do hereby revoke and make void the
said bequest of my household goods, furniture and effects etc
comprised in my said will And I do hereby give and bequeath all
my said household goods, furniture, beds, bedding, plate, watches,
trinkets, linen, china, glass, books, and pictures, brewing and
trade utensils and all other my household and trade goods, chattels,
and effects in and about my dwelling house at the time of my
decease unto my said wife Charlotte to and for her own absolute
use and benefit and at her own disposal. And I do hereby in all
other respects ratify and confirm my said Will and the said first
and second codicils thereto In Witness whereof I the said Francis
Barraclough have to this my third codicil set and subscribed
my hand this twenty fourth day of October in the year of our
Lord one thousand eight hundred and fifty three. |
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