Quaker Family History Society

Will of Joseph BINNS, Leather cutter of Crawshawbooth, Lancashire

Will 14 August 1843   Probate 15 May 1849

Summary.

Biographical Notes.

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

·         Date of Birth: 14 April 1769 at Crawshawbooth

·         Profession: Leather cutter

·         Marriage: (1)  to Mary Labrey on 30 September 1806 at Friends Meeting at Preston, Westmorland; (2) to Christian Anderson on 30 April 1831 at Friends Meeting at Preston Patrick, Westmorland

·         Meeting: Marsden

·         Date of Death: 6 March 1849 at Crawshawbooth

Highlights of Will

·         George Pilkington and John King received the property and land in Manor of Ackrington on trust, from which trust an Annuity of £20 per annum for his wife Christian with powers to compel payment if in arrears.

·         Further property and land to named nephews and nieces Children of Brother Richard, viz. David Binns, George Binns, Hannah Spence, Grace Ashworth, and Thomas Binns, but with another annuity of £20 per annum for wife Christian

·         His own dwelling Houses garden and Out Buildings to his wife Christian

·         Seven cottages or Dwelling Houses with the out Buildings to nieces and nephews Henry Binns, William Binns, Jane Binns, Maria Binns and Ann Binns (the children of brother Daniel Binns, diseased)

·         Personal and household goods, Linen, china, and books to his wife in lieu of all Dower fourths or Free-Bench

·         £100 to children of brother George

·         The remainder of his estate to Sisters, Nephews, and Nieces, children of all his Brothers and Sisters living at the time of his decease share and share alike. Any under 21 to be held with interest until aged 21,

·         All to be paid within 2 months of his death

·         John Ashworth Rose, Hill Turton, and Giles Pilkington of Haslingdon are named Executors

·         Costs and expenses to be paid to Executors and Trustees.

Transcriber’s and Editor’s Notes

·         The two Executors, John Ashworth, a land agent, and Giles Pilkington, a flannel manufacturer, who were themselves Quakers, still apparently swore an oath. They were married to Joseph Binn’s sisters Grace and Isabel respectively.

·         While Joseph left something to all his Binns relations, there is no mention of his maternal relations, the Robinsons. His brother George’s children are not named, nor is there any direct reference to his wife Christian’s base born child, except his own house is left to Christian and her heirs.

·         Henry Gill’s sworn Affidavit 24 April 1849. Not all members of the Gill family were Quakers. Henry was an attesting witness

Will as transcribed from a copy of the original document

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

The Will of Joseph Binns 24th April 1849

This is the last Will and Testament of me Joseph Binns

of Crawshawbooth in the Forest of Rossendale and County  of Lancaster Leather

Cutter which I make now whilst I am of sound mind Memory and un-

derstanding as followeth that is to say; in the first place I will and

direct that my just debts Funeral and Testamentory expenses and other

charges shall be fully paid and discharged by my Executors herein

after named out of my Personal Estate; And I give and devise unto

my brother on Law George Pilkington of Haslingden the said  County

Flannel Manufacturer and John King of Rawtenstall in the said forest

Ironmonger, All my Copyhold Messsuages Swellings Lands Tenements

and Hereditioments situate within or Parcels of the Manor of Ackrington

in the said County to have and to hold the same with their and every of

their rights Members and Appurtenances to the use of them the said George

Pilkington and John King and the surver of them and the Haires and designs

of such surviver Upon the trusts nevertheless and to and for the several uses

and indents and purposes herein after mentioned concerning the same,

That is to say as to and for and concerning the same, All that Messuages

or dwelling houses with the Kilns and outbuildings adjoining one Barn

(being the higher Barn) warehouses Cloggingshop and out Buildings ad-

joining situate within  and now in the occupation of

James Madin William Lord and Myself and also all those several closes

or parcels of Land within Crawshawbooth aforesaid known by the several

name of the Housestead the Kiln Meadows the new Meadows the croft called

John Inghan Croft Barley Holme Wood Top; the Water Course and one

half of the  Muct Earth and the garden before William Lord house also

that in the corner of Major Meadow and now in the occupation of the

said James Madin, in trust for and I do herby give the same premises

with their rights members and appurtenances unto the said George

Pilkington his Heirs and assigns for ever subject nevertheless

                        Joseph Binns

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And I do hereby charge and make chargeable the said premises so united to

the said George Pilkington his Heirs and assigns in resect thereof with

the Payment of the clear Annuity or yearly sum of Twenty Pound

to my dear wife Christian during the Term of her natural life the

same to be paid in two equal half yearly Payments the first to be

made within six months after my Disease with all such powers of

entry and distress for compelling payment thereof if in arrear as are

usual in cases for Rent in arrear, And as to for and concerning all

those two dwelling houses and one Barn near there (being the lower

barn) with such parts of the mean fold belonging thereto situate at

Crawshawbooth aforesaid now in the occupation of John Lord, John Hanson

and James Madin and all the several closes or parcels of Land situate within

Crawshawbooth known by the several names of Major Meadows one half of

 the Muct Earth Meadows Bonforehill Fields now in the occupation

of James Maden James Heward Robert Whitehead John Rodgers and those three houses occupied as five by Thomas

Pilkington  James Heward Robert Whitehead John Rodgers and Samuel

Lord in trust for and I do hereby give and  divise the same hereditaments

and premises within their right members and appurtenances unto and to

the use of my Nephews and Nieces (Children of my Brother Richard, David

Binns George Binns Hannah Spence Grace Ashworth and Thomas Binns

their Hairs and assigns for ever  Subject nevertheless and I do hereby charge

and make chargible the Premises so unliten to my said Nephews and Nieces

their Hairs and assigns for ever Subject  nevertheless  and I do hereby charge

and make chargeable the Premises so unlited to my said Nephews and Nieces

their Hairs and assigns in respect thereof  with the payment of the clear ann-

uity or yearly sum of twenty Pounds to my said Wife Cristian during

her natural life the same to be Paid in two half  yearly payments the first

to be made within six months next after my disease with all such

powers of entry and distress for compelling payment thereof if in are-

ar as is usual in cases for rent in arrears. And concerning that dwelling Houses

garden and Out Buildings thereunto belonging situate within Crawshawbooth

now in my own occupation, I give to my dear Wife Christian and her

2                      Joseph Binns

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Hairs and Assigns for ever. And as to for and Concerning all the seven cottages

or Dwelling Houses with the out Buildings and Appurtenances

there unto belonging situate at Crawshawbooth now or late in the several

occupations of John Pickup, Thomas Sharples, Eizabeth Binns, Ann Hudson

James Tricket, John Simpson, In Trust for and I do hereby give and devise

the same unto my Nephews and Nieces Henry Binns, William Binns, Jane

Binns, Maria Binns and Ann Binns (the children of my brother Daniel

Binns Diseased and their several Respective Hairs and assigns for ever as

Tennants in Common and not as joint Tennants. And  as to my personal

estate I give to my Wife Use of My Houshold goods Linning China

and Books during her Life, And I do hereby declare that the provisions

in this my will trust for my said Wife are to be accepted

by her in lieu of all Dower fourths or Free-Bench to which she is or may

be entitled out of all or any part of my Real Estate either by Law or

Custom, and I give and bequeath the sum of one Hundred Pound

equally amongst the Children of my Brother George Binns deceased

And I give all the rest of my Personal Estate and effects  whatsoever and

 wheresoever amongst my Sisters Nephews and Nieces, children of  all

my Brothers and Sisters Living at the time of my disease share and share

alike And I will and direct  that all the said legacies  and shares of

residue under this my Will be paid within twelve months next after my

disease  to such of the said Legatees as shall then have attained the age of

twenty one years  and to such of tem as shall not have attained that

when they do attain that age with Interest in the mean time And I nome-

nate and appoint John Ashworth Rose Hill Turton and Giles Pilkington

of Haslingdon Executors to this my Will And I do hereby  declare that it

shall be lawful for them my said Trustees and Executors  by and out of

such moneys as shall come to their respective hands  by virtue of this my

will to deduct retain and reimburse themselves  and to pay or allow to

his or their Co-Trustees  and Co-Executors all such costs and Expenses as

they may respectively sustain expend in ir about the Execution of this my

will or any of the Trusts herein contained Also that they and their

3                                  Joseph Binns 

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Respective Executors and Administrators shall be charged and Chaegeable

only for and with his and their own respective receipts and payments

and wilful defaults and not otherwise, and shall not be charged with

or for any loss or damage that may happen in and about the Execution of

of this my Will or any trusts hereby declared without his or their respective

wilful default respectively,  In Witness whereof I the said Joseph

Binns the Testator have to rgis my last Will and Testament contained

In four sheets of of Paper set my hand and seal to this fourth and

last sheet this twenty third day of August in the year of our Lord

One Thousand Eight Hundred and Forty Three.

Signed sealed and Published and declared by                       Joseph Binns

The said Joseph Binns the Testator as and

for his last Will and Testament in the sight

and presence of us who at his request in his

sight and presence and in the sight and

presence of each other have hereunto at the

same time Subscribed our names as Witness

            Henry Gill

            James Gill

I Joseph Binns do this day Eighth of the Eighth Month 1848 make and publish

This codicil to my last will that is to say I give to my dear Wife  2 Beds and

Bedding a small Mahogany It and 1 Chest of Drawers and some necessary articles

belonging housekeeping and a few Books, it is my desire that this my codicil be

annexed to my last will and Testament in witness whereof I have set my hand and seal

                                                                                    Joseph Binns

                                    This Eighth day of the Eighth

month 1848 signed and sealed

by the above named Joseph Binns

as codicil to his Will in the

presence of John Gill

                                                            Henry Gill

This is the Codicil to  the will of Joseph Binns deceased

Deposed to by Henry  Gill one of the arresting Witnesses, therein named

The twenty fourth day of April 1849

                                                Before me

                                                            Nathaniel Morgan Surrogate

The Eleventh day of April 1849

John Ashworth of Rose Hill Turton near Bolton in the county of Lancaster,

Land-Agent and Giles Pilkington of Haslingden in the county of Lancaster

Manufacturer the Executor in this will names were sworn in common form

and they further made oath that the personal Estte and effects of the

Testator  within the Diocese of Chester were under the value of

£600                                        before me

                                                Nathaniel Morgan

                                                Surrogate

The Testator died the sixth day of March 1849

                        Probate issued to Joh Ashworth of Rose Hill

(Regd)             Turton and Giles Pilkington

            S          E                      Dated 15th May 1849

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