Last updated 19/10/2008
In the name of God Amen. I Joseph Badnall of Leek in the County of Stafford, dyer, being of sound and disposing mind, memory and understanding but calling to mind the uncertainty of this mortal life do for the settling of my worldly concerns make, publish and declare this to be my last will and testament in manner and form following that is to say: first I order and direct that all my just debts, funeral expences and the charges of proving this my last will and testament shall be paid and discharged out of my personal estate by my executors hereinafter named and if my personal estate shall not be sufficient for the payment thereof then I do hereby charge my real estate with the payment of such part of my debts, legacies and funeral expences as my personal estate shall fall short and owing except as to a legacy of four hundred pounds hereinafter given to my son Richard which I will shall be paid out of my personal estate only. Also I give and devise all and singular the messuages, tenements, lands, hereditaments and real estate in Leek aforesaid elsewhere with the appurtenances which I became any ways intitled to or interested in on the deaths of my late father and mother, William and Esther Badnall deceased, by virtue of the settlement made thereof upon or after their intermarriage as far as maybe or can together with my dole or piece or parcel of land lying and being near the kiln in Mill Street in Leek aforesaid in my field called the Leys with its appurtenances now in the possession of Cornelius Boocock and Samuel Nixon and which was seised to me by the will of my said late father, to my son William Badnall his heirs and assigns forever.
Also I give and devise all that and those my undivided three fourth parts the whole into four equal parts to be divided and other my share and interest of and in all that messuage, dwelling house or tenement situate and being in Mill Street aforesaid in Low in the parish of Leek and also all that and those my undivided part, share and interest of and in all that little croft and yard or small parcel of land lying on the backside of the last mentioned messuage or dwelling house whereupon my dyehouse and other buildings have sometime since been erected and also all that and those my three undivided fourth parts and other my part, share and interest of and in that workhouse or building for the working or manufacturing of thread sometime since erected by Richard Fearne on part of a certain close called the Hencroft adjoining the watercourse at the bottom of the little croft, all which last mentioned premises were sometime since purchased by my said late father from Mr Lankford of Macclesfield deceased and are in my possession and of and in all my dyehouses, stables and other edifices, buildings and appurtenances, thereunto belonging and also all that and those my undivided three eighth parts the whole into eight equal parts to be divided and other my share and interest of and in those two closes or fields called the Browhill and the Hencroft in Leek aforesaid, and which were parts and shares I have now in my own possession and all other the lands and hereditaments which I purchased from my brother James Badnall or which I became intitled to on the death of my late brother William Badnall deceased, unto my son Richard Badnall his heirs and assigns forever.
And if my said son Richard shall die before the age of twenty one years and without leaving lawful issue then living or being born in due time afterwards, then I give and devise the same several parts, shares, hereditaments, premises matters and things hereinbefore devised to my said son Richard aforesaid unto my said son William his heirs and assigns forever and if my sons Richard and William shall both die under the age of twenty one years and without leaving lawful issue then living or being born in due time afterwards, then I give and devise all and singular the said parts, shares, hereditaments, premises matters and things so devised to my said son Richard unto my brother James and his assigns during his life without impeachment of waste and after my said brotherís death then I give and devise the said parts, shares, hereditaments, premises matters and things aforesaid unto and amongst all and every the child and children of the said James Badnall who shall be living at his death or born in due time afterwards their heirs and assigns forever share and share alike as tenants in common and not as joint tenants. And if it shall happen that either of them my said two sons shall be a dyer, which I hope will not be the case for I do not intend that either of them shall be brought up to that trade, then I order and direct that all my dye stuffs, drugs, vats, dying tubs, and all my materials, implements, utensils and stock in trade shall be valued and appraised by two indifferent persons one of them to be chosen by my executors and the other two of them by such of my said sons who shall be a dyer as aforesaid and that such of my sons who shall be a dyer shall have a right of pre-emption of and in all such dye stuffs, drugs, vats, dying tubs, and all other my materials implements, utensils and stock in trade at such appraisement he paying or giving good security at such his election to my executors to pay them the amount of such appraisement within twelve months next after the same shall be made and I direct that such appraisement shall be made out within three calendar months next after my decease.
And if such appraisement shall through any default or neglect in either of my two sons so being a dyer as aforesaid not be made and completed within the time last aforesaid or if neither of my two sons shall be a dyer nor engaged in the dyeing business at my death then it is my will and desire that my brother James Badnall shall if he thinks fit take and have my dying business in all its branches and take in preference to all other persons all my utensils and implements and stock in trade relating to the said dying business to his own use and paying for the same according to the appraisement to be made by my executors if neither of my said sons shall be a dyer at my death and my brother shall not within three months next after my decease choose to go into the dying business and take the said utensils and implements and stock in trade at such appraisement as aforesaid, then I will that all such utensils, implements, materials and stock in trade shall be fairly appraised by my executors and sold to the best advantage but nevertheless I desire that such of my servants living with me at my death as my executors shall think fit shall be preferred to all other persons in purchasing such parts of my said last mentioned utensils and implements, materials and stock in trade as they shall immediately pay for or give good security for paying for what they shall buy to my said executors.
And I direct that the produce of all my said dying stuff, implements, utensils, materials for dying and all other my stock in trade shall be considered and deemed part of my personal estate and shall be disposed of accordingly in manner hereinbefore mentioned. Also I give to my said son Richard the sum of four hundred pounds in twelve months next after my decease with interest in the mean time out of my personal estate only and that my real estate shall not be liable to the payment thereof or any part thereof notwithstanding anything hereinbefore mentioned to the contrary.
And I do hereby impower and direct my executors hereafter named to pay, apply and dispose of so much out of the moneys and personal estate hereby devised to my children respectively as will be sufficient and necessary to bring up, educate and maintain them severally out of their several property during their respective minorities and for putting them out apprentice and paying their apprentice feee if any shall be necessary. Also I give and bequeath to my Aunt Bostock my late motherís sister two shillings and sixpence a week to be paid her weekly and every week for and during the term of her natural life for her natural life for her support and maintenance and I give twenty pounds to my sister Sara Smith wife of Thomas Smith and the further sum of twenty pounds to Mrs Pratt wife of my father-in-law Thomas Pratt and the further sum of twenty pounds to my cousin Elizabeth Rathbone and a further sum of forty pounds to my brother James Badnall and the further sum of twenty pounds to Mr Thomas Ward of Macclesfield, button merchant, for his trouble in assisting in the execution of my will the said legacies to be paid in six months after my death.
Also I give and devise the rest, remainder and residue of my real and personal estate whatsoever and wheresoever not hereinbefore disposed of unto and between my said two sons William and Richard their heirs, executors, administrators and assigns equally share and share alike as tenants in common forever and if either of my two sons shall die under the age of twenty one years old and without leaving lawful issue then living or born in due time afterwards then I give and bequeath the share in such residuary part of my real and personal estate of him so dying unto the survivor of them his heirs, executors, administrators and assigns forever and if both of my sons shall die under the age of twenty one years old and without leaving lawful issue then living or born in due time afterwards then I give and bequeath the interest and produce of the said residuary part of my real and personal estate to my said brother James Badnall and his assigns during his life and after his death I give the said residuary part of my real and personal estate to unto and amongst all and every his lawful child or children who are living at his death or born in due time afterwards equally amongst them share and share alike.
And I give, devise and dispose of the guardianship ......... of the persons and estates of my said two sons until and as they shall respectively attain the age of twenty one years unto my said father-in-law Thomas Pratt, my said brother James Badnall and to the said Thomas Ward. And also I further will and direct that my executors shall and may and they are hereby declared to be at liberty from time to time to deduct and retain to him and themselves out of my estate and effects all such costs, charges, damages and expences as they or any of them shall pay, lay out expend or be put unto in or about the execution of all or any of the trusts of this my will and that they or any of shall not be answerable or chargeable with or for any of my money or effects than shall actually come to their hands or which they might have received without their wilful default nor for any unforeseen or (in them) involuntary or undesigned loss which may happen or fall out in or as to any part of my estate and effects nor with or for Acts deeds, receipts, payments, misapplication, non-applications, neglects or defaults of the others or other of them in the [premises?] but each of them severally for his and their own several acts, deeds, , receipts, payments, misapplication, non-applications, neglects or defaults only. And I do hereby revoke annul and make void all former and other will and wills by me at any time heretofore made and do declre this alone to be my last will and testament and I do hereby make, nominate and appoint the said Thomas Pratt, James Badnall and Thomas Ward, executors of this my last will and testament. In witness whereof I the said Joseph Badnall have to this my last will and testament comprised in three sheets of writing paper subscribed my name to the first two sheets and have subscribed my name and set my seal to the third sheet thereof this ninth day of April in the year of Our Lord One thousand seven hundred and seventy nine
Signed, sealed, published and declared by the above Joseph Badnall the testator as and for his last will and testament in the presence of us who have subscribed our names as witnesses thereto in his sight and presence and in the presence of each other.
Alice Barnett of Leek; Jane Challinor of Leek; Samuel Rathbone attorney in Bolton.
On the 13 July 1803 administration with the will annexed of all and singular the goods chattels and credits of the Joseph Badnall late of Leek in the County of Stafford, deceased, was granted to William Badnall and Richard Badnall the sons of the said deceased and residuary legatees named in the said will having been first sworn by Commission duly to administer Thomas Pratt one of the executors named in the said will dying without having taken upon him the execution of the said will and James Badnall and Thomas Ward the surviving executors named in the said will having renounced the executorship thereof.