BADNALL WILLS AND INVENTORIES

The Bednall Archive

Last updated 18/10/2008


THE WILL OF WILLIAM BADNALL OF LEEK STAFFORDSHIRE 1806

This is the last will and testament of me William Badnall of Leek in the County of Stafford, silk dyer as follows. First I direct that all my just debts, funeral expences and testamentary charges  shall be paid and satisfied with all convenient speed after my decease out of my personal estate not hereinafter specifically bequeathed.  I give and bequeath unto my uncle James Badnall  the sum of five hundred pounds and to y cousin Ellen Bourne widow of the late Edward Bourne deceased the sum of two hundred pounds which legacies I direct shall be paid to them respectively at the expiration of ten calendar months next after my decease.

I give and bequeath unto my executors hereinafter named the sum of one thousand pounds sterling in trust as soon as may be to lay out the same in Government Funds in the names of the Reverend Richard Bentley Vicar of Leek, my cousin Joseph Badnall, my uncle George Pratt, Thomas Phillips the younger and Henry Jones both of Leek aforesaid and I do hereby declare that the said sum of £1000 and the stocks, funds and securities on which the same shall be placed or invested shall forever thereafter be and remain vested in them the said Richard Bentley, Joseph Badnall, George Pratt, Thomas Phillips and Henry Jones and the survivors or survivor of them and the Trustees for the time being to be nominated and appointed in manner hereinafter mentioned (whereof the vicar of Leek for the time being shall always be one) upon the Trusts hereinafter declared thereof.  That is to say, in trust to receive the dividends and annual proceeds thereof as and when the same shall from time to time become due and payable and do and shall from time to time lay out such dividends and annual proceeds in the purchase of blankets, quilts, clothing or other necessaries (but not eatables) and yearly and every year on the 5th day of November distribute and divide such blankets, quilts, clothing or other necessaries to and amongst such twenty poor widows who shall be of good reputation and not less than 60 years of age, ten of whom shall be resident within Leek and the remaining ten resident within Low but not inhabiting the almshouses as my said Trustees for the time being and churchwarden of Leek for the time being shall nominate and think proper objects for the same.

Provided always and I do hereby declare my will and mind to be that upon the death of the Revd Richard Bentley or any future Vicar of Leek, or from time to time when the said trustees shall by death, removal from Leek or Low or by reason of their refusal or neglect to act be reduced the number of them, it shall be lawful for the surviving or continuing trustees for the time being, to  nominate and appoint the succeeding vicar and so many honest respectable persons resident within Leek or Low aforesaid, as the case may be, to be trustees with such surviving or continuing trustees as will make up the full number of five trustees and that thereupon the said trust monies and the stocks, funds and securities in or whereupon the same shall be    then placed or invested shall be assigned and transferred to and in such a manner as the same may become well and effectually vested in the surviving or continuing trustees and such trustee or trustees to be nominated and appointed as aforesaid, upon the same trusts as are hereinbefore declared of and concerning the said trust monies and that such trustee or trustees shall and may from thenceforth act in the management and execution of the aforesaid trusts as fully and effectually in all matters and with the like indemnity as if he or they had been named as trustee or trustees in this my will, anything therein contained to the contrary thereof not withstanding.

I give and bequeath all my household furniture, goods, implements and utensils of household, beds, bedding, pictures, plate, linen, chinaware, household stores and liquors unto my Aunt Martha Badnall, wife of the said James Badnall, to and for her own sole and separate use and disposal without the control or intermeddling of the said James Badnall and it is my earnest wish and desire that no part thereof shall be sold but the same be kept and used by her and her children and whereas the said George Pratt is and stands indebted unto me in the sum of one hundred pounds not I do hereby give and bequeath the same to him and the security for the same and all interest now due and to grow due thereon unto the said George Pratt and hereby release and discharge him from the payment thereof accordingly.

I give and devise all my messuage or tenement, farm lands, hereditaments and real estate situate, lying and being within the parish of Norton-in-the-Moors in the said County of Stafford (as well freehold as copyhold) with their and every of their appurtenances unto my brother Richard Badnall and the said George Pratt and their heirs upon the several trusts and for the several uses hereinafter  limited and declared of and concerning the same.  That is to say, upon trust to let out and manage the said messuage or tenement, farm lands, hereditaments and real estate in the best manner they can and receive and take the rents and profits thereof until my niece and God daughter Mary Badnall shall attain her age of twenty one years and to pay and apply the same in or towards her education and clothing and from and after my said niece Mary shall attain her said age of twenty-one years, then upon further trust to receive and take the rents and profits until my said niece Mary shall marry and to pay the same from time to time into her own hands for her own use and to permit or authorise her to receive and take the same accordingly.

Upon my said niece Mary marrying, providing the same shall be with the consent and approbation of her father the said Richard Badnall, and not otherwise, I give and devise the same messuage or tenement, farm lands, hereditaments and real estate with their appurtenances unto the use of my said niece Mary Badnall her heirs and assigns for ever but if my said niece Mary shall marry without the consent and approbation of her said  father, then upon further trust that my said brother Richard Badnall and the said George Pratt and the survivor of them and his heirs shall take the rents and profits of the said hereditaments and estate during the natural life of my said niece Mary and from time to time pay the same into her own hands for her own sole and separate use without the intermeddling of any person with whom she may marry, neither shall the same or any part thereof be liable to his debts control or engagements but her receipt or receipts shall not withstanding her coverture and as if she were sole and unmarried from time to time be sufficient discharge or discharges to the said trustees for the money expressed therein. 

From and after the death of my said niece Mary (in case she shall have previously married without the consent and approbation of her said father) then I give and devise the said messuage or tenement, farm lands, hereditaments and real estate with their appurtenances unto and to the use of all and every the child and children of my said niece Mary lawfully begotten equally to be divided among them (if more than one) as tenants in common and not as joint tenants and to his or her and their several and respective heirs and assigns and if any of such child or children shall depart this life before he or she or they shall attain the age of twenty-one years and without leaving lawful issue of his or her or their body or bodies that and in such case I give and bequeath the share or shares of him or her or them so dying unto the survivors or survivor of them equally amongst them if more than one, as tenants in common and not as joint tenants and to his or her or their several and respective heirs and assigns but in case there shall be no such child or children of my said niece Mary or being such all of them shall depart this life before he, she or they shall have attained the age of twenty-one years and without leaving any lawful issue of his, her or their body or bodies, then I give and devise the said messuage, farm or tenement, lands, hereditaments and real estate with their appurtenances (from and after the decease of my said niece Mary, she having married without such consent as aforesaid) unto and to the use of all and every the brothers and sisters of my said niece Mary who shall survive her and to the child or children of a deceased brother or sister, if any shall have died in her lifetime leaving lawful issue such child or children  taking no greater share than his or her parent become seised of provided he, she or they had survived my said niece Mary, equally to be divided among them (if more than one) as tenants in common and not as joint tenants and to their own several and respective heirs and assigns.

I give and devised all those several pieces or parcels of land or ground situate  lying and being in Leek and Low aforesaid or one of them commonly called Browhill and Scarroway and now in the occupation of Edward Tatton and Joseph Bowcock and the tithes thereof and all appurtenances thereto belonging unto and to the use of my brother Richard Badnall and his assigns for and during his natural life.  From and after his decease I give and devise the same lands and premises unto and to the use of my said niece Mary Badnall and my nephews and niece Richard Badnall, Martha Badnall and William Badnall and to all and every other child or children of my said brother Richard Badnall or such of them as shall survive him or be born in due time after his decease and the child or children of any of them as shall have died in his lifetime leaving issue, such issue taking no greater share than his or her parent would have taken if he or she had survived their said father the said Richard Badnall, equally to be divided  among them, if more than one, as tenants in common and not as joint tenants and to his, her or their several and respective heirs and assigns, provided always that if any of my said nieces or nephews respectively shall depart this life before he or she shall have attain the age of twenty-one years and without leaving any issue of his or her body or bodies then the share or shares of him,. her or them so dying of and in all and every the premises hereinbefore devised for their use of benefit shall go to the survivors or survivor of them equally to be divided among them as tenants in common and not as joint tenants and to their several and respective heirs and assigns.

I give and devise the croft called the Water Croft and the building standing thereon and the garden adjoining thereto situate in Leek or Low aforesaid or one of them upon the Bank of the River Churnett with the tithes and appurtenances  thereunto belonging unto, to the use of my said cousin Joseph Badnall his heirs and assigns and it is my earnest wish and desire that he shall not sell or dispose thereof.

I give and devise the messuage or dwelling house in Mill Street in Leek aforesaid wherein I now reside with the court or garden and all appurtenances thereunto belonging unto and to the use of my cousin Ann Badnall, eldest daughter of my uncle James Badnall, her heirs and assigns and it is my will that she shall not sell or dispose thereof and I give and devise the messuage or dwelling house in Church Lane in Leek aforesaid with the yard garden and appurtenances thereto belonging, now in the occupation of Misses Francis and Mary Sutton, unto and to the use of my said uncle George Pratt his heirs and assigns.

 I give and devise all my other messuages or dwelling houses, dyehouses, buildings, lands, grounds, tithes, hereditaments and all other my real estate not hereinbefore specifically given and devised with their and every of their appurtenances unto and to the use of my said brother Richard Badnall his heirs and assigns and I do hereby appoint my said brother Richard Badnall, the said George Pratt and Henry Jones executors of this my last will and testament and do give and bequeath unto each and every of them the sum of fifty pounds for the trouble every of them will have therein.

As to my share of the stock-in-trade and book debts owing to me and my said uncle James Badnall as copartners, ready money, money in the funds, mortgages, bonds, bills and other securities (except the security from the said George Pratt), watches, trinkets and all the rest and residue of my personal estate whatsoever not hereinbefore specifically given and bequeathed, subject to the payment of my debts, funeral expences and testamentary charges and as well the legacies hereinbefore given and bequeathed as any other legacies which I may hereafter give and transcribe on paper with my own hand and   in this my will.  I give and bequeath the same unto my said brother Richard Badnall for his own use provided always and I do hereby declare my will and mind to be and express my earnest wish and desire that my share of the stock-in-trade and book debts belonging to such copartnership may be collected and got in and ascertained as soon as maybe and the produce of such my share shall remain in the hands of my said uncle James Badnall for the space of five years from the time of my decease, he paying interest for the same after the rate of five pounds for every one hundred for a year such interest to commence from the expiration of eighteen calendar months next after my decease, and that the said James Badnall shall give his bond to my brother Richard Badnall for payment thereof accordingly any bequest or other thing herein contained to the contrary notwithstanding.

Lastly, I do hereby declare that it shall and may be lawful to and for my said trustees and executors and their heirs executors and administrators respectively from time to time to deduct retain and reimburse themselves respectively by and out of all and every the trust estates, monies, and premises which by virtue of this my will or any of the trusts or powers herein contained shall come to their or any of their hands respectively all such costs, charges and expences as they shall bear, pay, expend or be put unto relating to the execution of this my will or any of the aforesaid trusts o powers and that they or any of them shall not be charged or chargeable with or accountable for any other sum or sums of money other than such as shall actually come to his or their own hands respectively by virtue of this my will, their joining in receipts for the sake of conformity notwithstanding, nor with any loss or damage that may happen in investing or placing out any of the aforesaid monies in or upon such funds or securities as aforesaid or depositing the same in any bank or bankersí hands for safe custody nor  with any loss or damage that may happen by reason of the execution of this my will or of any of the trusts or powers aforesaid without his or their respective wilful default.

I hereby revoke all former wills by me at anytime hereto before made and declare this to be my last will and testament in witness whereof I the said William Badnall the testator have to the first six sheets of my will (contained in seven sheets of paper) subscribed my name at the bottom thereof respectively and to this last sheet have subscribed my hand and affixed my seal the eleventh day of  January in the year of our Lord one thousand eight hundred and six.  

William Badnall

Signed, sealed, published and declared by the said testator William Badnall  as and for his last will and testament in the presence of us who in his presence and at his request and in the presence of each other have subscribed our names as witnesses thereto.  

Alice Bennett.    Martha Hunt.   Samuel Hunt...........Leek.


Codicil

Whereas I the said William Badnall of Leek in the county of Stafford, silk dyer, have made my will (upon the last sheet whereof this present writing is indorsed) and have therein given and devised the messuage or dwelling house in Mill Street in Leek wherein I now reside with the court or garden and all appurtenances thereunto belonging unto and to the use of my cousin Ann Badnall her heirs and assigns now I do by this writing which I declare to be a codicil to my said will revoke the said devise above mentioned and I do hereby give and devise the said messuage or dwelling house in Mill Street in Leek wherein I now reside with the court or garden and all appurtenances thereunto belonging to the use of my cousin Ann Badnall for and during her natural life and from and after her decease I give and devise the same unto and to the use of my cousin Joseph Badnall his heirs and assigns and I do hereby ratify and confirm the said will in all other respects. In witness whereof I the said William Badnall have hereunto set my hand and seal the eleventh day of January 1806. 

William Badnall

Signed, sealed, published and declared by the said testator William Badnall as and for a codicil to his will in the presence of us who in his presence and at his request and in the presence of each other have subscribed our names as witnesses thereto.  

Alice Bennett.    Martha Hunt.   Samuel Hunt...........Leek.


Will and codicil proved in the Prerogative Court of Canterbury at London on the 19th July 1806 by Richard Badnall, brother of the deceased, George Pratt and Henry Jones executors named in the said will.

 PRO  Probate 11/1445