Quaker Family History Society

Will of Daniel BINNS, Clogger of Crawshawbooth, Lancashire

Will 6 December 1841   Probate 25 July 1842

Summary.

Biographical Notes.

·         Parents: David Binns and Ann Robinson of Crawshawbooth, Lancashire

·         Date of Birth: 30 May 1783

·         Profession: Cotton trade, farmer clogger

·         Marriage: to Elizabeth Smart Suart (or Swart) on 15 July 1813 at St. John’s Haslingden. He was baptised the same day.

·         Meeting(s): Crawshawbooth PM

·         Date of Death: 10 January 1842

Highlights of Will

·         John King, clogger, of Rawtenstall and son William Binns of Salford are named Executors. Both are Friends.

·         £20 per year each are to be paid to his wife Elizabeth Binns and son Henry Binns to be paid from the copyhold rents. He lists the tenants of these properties.

·         Rents from a number of other properties are to be used to provide for the care and education of his minor children until they reach the age of 21.

·         The residue of the estate is to be shared equally between his children.

·         He leaves the use of his household furniture to his wife and directs that an inventory be taken of them.

Transcriber’s and Editor’s Notes

·         Daniel Binns was disowned as a result of marrying before a priest. He was reinstated into membership on 3 October 1825.

·         Interestingly in the book ‘Crawshawbooth and District’ by and printed by Alderman Alfred Peel, at the “Free Press” Office Rawtenstall after 1939 page 28 says that Daniel Binns  ‘ a Farmer and Clogger had to do penance seven years by sitting behind the chapel door. He had been a bondsman for a man and the man had failed’.

·         His eldest son Henry (1814) was admitted to The Retreat at York in 1836 and readmitted in 1840 and died there in 1879.

·         Daughter Margaret died at Ackworth School of typhus fever in one of the epidemics there.

·         Daughter Martha married James Parkinson in 1863 at Salford, Lancs.

·         Joseph Binns is an older brother of the testator.

Will as transcribed from a copy of the original document

(Original line and page breaks preserved as far as possible)

I Daniel Binns if Crawshawbooth in the

Forest of Rossendale, in the Parish of Whalley and County

Of Lancashire, Clogger, who am if sound and disposing

mind, memory and understanding, do make, publish

and declare this my last Will and Testament in manner

following; that is to say, It is my Will that all my just

Debts and Funeral expenses should be honestly paid

and all other incidental expenses and charges by my Executors

herein after named, That is to say, I Give and bequeath

unto John King Clogger, Rawtenstall and my son William

Binns Draper, (Salford in the aforesaid County (Executors)

All my ready monies & debts owing to me at my decease,

With all other the rest and residue of my Estate & Effects

whatsoever and wheresoever in trust for the use and purposes

hereinafter specified Viz That is to say, I do order that

my surviving Wife Elizabeth shall receive the sum of

Twenty pounds per year and every year until her death,

also that my Son Henry Binns shall receive the like sum

of Twenty pounds per year to be paid unto them by my

Executors out of the Rents arising from the following Copy

Hold messuages or Dwelling Houses situate in Crawshawbooth

aforesaid and lying on the East and West sides of the

Turnpike road and now or lately Occupied by the following

Tenants Viz William Briggs, Samuel Lord, James Pollard,

John Rothwell, John Shackleton, John Burton, Sally Gill,

Edmund Benson, and a small Cottage under the same

Unoccupied, William Rocliffe, William Heap, Widow Cockroft,

John Hudson; These are all situate above the Turnpike gate

And the following below and Occupied by the following

Tenants Viz Benjamin Driver, Charles Pilling, James Moore,

Richard Rothwell, Laurence Spencer, John Lord, and

John Dobson; and the remainder of the Rents arising

from the  Above to be applied for the Maintenance and

Instruction in learning of my younger Children who have

not attained the age of Twentyone years and if it be thought

necessary by my Executors, but if not all wanted for that

purpose, the residue may be put into some place of security

or Interest after that the Rents and surplus (if any) may

be equally divided amongst my surviving Children when

the Twenty pounds per year each is paid off to my surviving

Wife and my son Henry Binns and other necessary repairs

deducted: - I do also authorize and empower my Afore-

said Executors to allow and grant unto my Wife after

my decease the use of such Household Furniture as they

may think during her natural life taking a Inventory

thereof

Signed sealed and delivered   }           Daniel Binns /S/

in the presence of Us  and in  }

the presence of each other in }  Witness        William Burton

Witnessess hereunto               }                       John Burton   

this sixth Day of the Twelfth   }                       Joseph Binns

Mo 1841                                  }

The fifteenth day July 1842

Appeared personally Joseph Binns of Crawshawbooth in

The Forest of Rossendale in the County

Of Lancaster Clogger being one of the sect or People

commonly called Quakers and made the solemn affirmation

In place of the usual oath

that he is one of

the attesting Witnesses to the last Will and Testament of Daniel

Binns late of Crawshawbooth in

the Forest of Rossendale in the County of Lancaster Clogger

deceased, bearing date  the sixth

day of December 1841 and hereto

annexed, that he was present on the said sixth

day of December and saw the said Daniel Binns

deceased duly execute  the same, as , and for his last Will and Testament,

by signing the name “ Daniel Binns”

at the last or end thereof as it now appears William Burton and

John Burton the other Attesting Witnesses being

also present at the same time ; and this Deponent and the said William Burton

And John Burton and then in the presence of the said Testator, and of each other,

Set and adende their name thereto as Witnesses as they now appear.

                                                                                                            Joseph Binns

Affirmed at Ashworth Hall

            D Rathbone                            

            Surrogate

Mr  John King if Rawtenstall  in the Forest of

Rossendale in the County of Lancaster Clogger and

William Binns of Salford Manchester in the

said County Draper do solemnly sincerely and

truly affirm and declare that we are of the sect

of people dissenting from the United Church of

England and Ireland commonly called Quakers

that the writing now shown to us is the true

last Will and Testament of Daniel Binns late of

Crawshawbooth in the Forest of Rossendale in the

Parish of Whalley in the County of Lancaster

Clogger deceased so far as we know or believe

that we will well and truly execute

and perform the same and pay his debts and

then the legacies in the Will bequeathed as far as

his goods chattels and credit will extend and  the

law charge us that we will make or cause

to   made  a true and perfect Inventory of all and

singular the said Goods Chattels and Credit and

exhibit the same into the Registry of the Consistory

Court of Chester and render a just account of our

administration thereof when we shall be Accounts

lawfully required And we further affirm that

the Testators personal Estate and Effects at the time

of his death within the Diocese of Chester did

not amount to the sum of Three Hundred

Pounds And that the contents of this affirmation

annexed to which we have set and subscribed

our names are true as we verily believe.

Affirmed at Rochdale

by the said John King and                  John King

William Binns the twenty fifth             William Binns

day of July 1842

Before me

D Rathbone

            Surrogate

The Twenty fifth day of July 1842

John King and William Binns Executors

in this Will named, being of the sect of people

called Quakers, made the solemn Affirmation

instead of the usual Oath of Executors and

they further affirmed that the personal Estate

and Effects of the Testator within the Diocese of

Chester was under the Value of £300

before me

The Testator died        }           D. Rathbone

10th January 1842      }           Surrogate

Stamp Duty

enclosed £5 CMP      

Pro issued      

Dated 27th July 1842

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