The film of James' Will that I ordered on January 14, 2014 finally arrived exactly one year later on January 14, 2015!! It had been sitting on a shelf in the courier's office for all those months and by the time I had the call to come and view it, there had been time for a second copy of the film to wing its way to the Family History Centre on Pah Road in Royal Oak, me to read that film and for it to be returned! I was disappointed to discover that it was the exact film that I had already viewed back in November! Ah well, that did not decrease the huge significance of all that the film revealed.
James, unlike his future grand daughter-in-law Ellen McQuillan, was careful to ensure that he left a wonderful trail for his descendants to follow. Despite the fact that there are some words that it is hard for me to read, I was able to painstakingly transcribe the following Will of James Baron, Attorney at Law, Wigan:
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| The first page of the Will of James Baron of Wigan |
This is the last Will and Testament of me, James Baron, of Wigan in the County of Lancaster,
Attorney at Law, made and published the eighth day of March in the year
of our Lord, one thousand eight hundred and thirty as follows –
Discharged from the payment of the whole and every part of
my debts, my funeral expenses and the charges of proving this my will --
·
I give and devise unto my brother in law William Darbyshire, during his
life, the messuage, or
dwelling-house and premises in School Lane in
Standish, in the said County, which are now, or lately, were in his own
occupation, with the appurtenances, and from and immediately after his
decease,
·
I give and devise the said messuage or
dwelling-house and premises with the appurtenances unto John Lord, of Wigan
aforesaid, Attorney at Law, and his heirs. In trust to sell the same for the
best price and most money that can be reasonably obtained for the same, and to
pay, distribute and divide the clear monies which shall arise from such sale
and from the rents and profits thereof in the meantime until sale thereof be
made unto and amongst such of the children of my
late sister Ann, the late wife of the said William Darbyshire and the
lawful issue of such of her children as shall be then dead, equally share and
share alike, the issue of each deceased child to stand in the place of such
deceased child and to take and equally amongst them. If more than one, the
shares which such deceased child would if living have taken – and discharged as
aforesaid.
·
I give and devise the messuage or dwelling-house
and premises in School Lane, aforesaid, where my
late sister Mary lived with the appurtenances unto the said John Lord
and his heirs in trust to sell the same for the best price and most money that
can be reasonably obtained for the same and to pay distribute and divide the
clear monies which shall arise from such last mentioned sale and from the rents
and profits of the same premises in the meantime until sale thereof be made
unto and amongst such of the children of my said sister Mary as were living at
her death and the lawful issue of such of her children as were then dead
equally share and share alike the issue of each deceased child to stand in the
place of such deceased child and to take and equally amongst them if more than
one the share which each deceased child would if living have taken – and
discharged aforesaid.
·
I give and devise unto my
sister Peggy and her husband Edward Brooks during their joint natural
lives and to the survivor of them during his or her natural life, the messuage
or dwelling-house and premises in School Lane aforesaid, where they now live
with the appurtenances and from and immediately after the decease of the
survivor of them, my sister Peggy and her husband,
·
I give and devise the same messuage or
dwelling-house and premises with the appurtenances unto the said John Lord and
his heirs, in trust to sell the same for the best price and most money that can
reasonably obtained for the same, and to pay, distribute and divide the clear monies which shall arise
from such last mentioned sale and from the rents and profits of the said last
mentioned premises until sale thereof be made unto and amongst such of the
children of my said sister Peggy, as shall be living at the death of the
survivor of her and her said husband Edward Brooks and the lawful issue of such
of her children as shall be then dead, equally share and share alike the issue
of each deceased child to stand in the place of such deceased child and to take
and equally amongst them if more than one the share which such deceased child
would if living have taken –
·
And I hereby direct that each of the said Houses
shall be charged with and bear and pay one equal third part of the yearly
ground rent two pounds five shillings which from the whole of the premises is
now payable – And I hereby declare that the receipts or receipts of the said
John Lord or of his heirs shall be a good and sufficient discharge to any
purchaser or purchasers of the said several messuages or dwelling-houses and
premises or any of them or any part thereof and to his or their heirs,
executors, administrators and assignees for so much of his, her or their
purchase money or respective purchase monies as in such receipt or receipts
respectively shall be expressed or acknowledged to have been received. And
that no purchaser or purchasers or his, her or their executors, administrators
or assignees shall be obliged to
?? to the application of the whole or any part of the purchase monies behind? in such receipt or
receipts respectively shall be expressed or acknowledged to have been received
nor be ascribable or accountable for the misapplication or non-application
thereof or of any part thereof –
·
As a trifling compensation to my late respected
friend Thomas Houghton late of Ormskirk in the said County, Attorney at Law,
deceased for the trouble I from time to time gave him respecting my
Close of land in Aughton in the said County, commonly called and known by the
name of the Lady Acre and which is now and has been for several years past been
in the occupation of Widow Swift as my Tenant thereof, I gave him in his
lifetime the small piece of common land which was allotted to me in respect of
the said Close, called the Lady Acre and I meant him to have the fee simple and
inheritance of such allotment but I did not execute to him in his lifetime or to any part of his
family since his decease and conveyance thereof – He did, I understand, erect
in his lifetime, a messuage or dwelling-house and other buildings upon the said
allotment but how he has disposed of the said allotment or the same messuage or
dwelling-house and other buildings or any part thereof I am at present wholly
uninformed. In order, however, the better to perfect the title of the family of
the said Thomas Houghton to the said allotment and to the said messuage or
dwelling-house and the other buildings erected thereon, I do hereby give and
devise the said allotment and the said messuage or dwelling-house and any
estate or interest therein unto such and the same person or persons and for
such estate and estates interest and interests and in such and the same or the
like parts, shares and proportions manner and form as the same are now held by
and belong to the widow and children, or any of them, of the late Thomas
Houghton under any deed or title or other instrument in the law executed by the
said late Thomas Houghton in his lifetime, and if he made no disposition
thereof by any deed or title or other instrument in the Law then I give and devise
the same with the appurtenances to his widow in fee and if she die in my
lifetime then I give and devise the same to the said Thomas Houghton’s eldest
son in fee –
·
I have in part provided for my daughter Jane Baron by having, before the making
of this my will, purchased or directed to be purchased in her name and on her
own account ten thousand pounds new four percents stock [See the following link
for some information of the meaning of this “new four percent stoc https://books.google.co.nz/books?id=WCsIAAAAQAAJ&pg=PA69&dq=What+is+four+percent+stock,+1830&hl=en&sa=X&ei=RNeNVLuUEIHLmwWZ54HwCA&ved=0CGMQ6AEwCQ#v=onepage&q=What%20is%20four%20percent%20stock%2C%201830&f=false k:
and I have applied the thirty pounds
principal which I owed her and the interest due for the same towards the
purchase of the said stock and have thereby paid or satisfied the said thirty
pounds principal and the interest thereof –
·
And in order to make a suitable provision for my
wife Ellen Baron and some further provision
for my said daughter I give to my said wife, the sum of two hundred pounds to
be paid to her immediately after my decease. I also give to my wife, to and for
her own proper use and benefit, all the monies which, at the time of my
decease, shall be standing in her name in the Books of Mossicars, Thicknesse and Woodcock, Bankers in
Wigan. I also give to my wife her gold watch and all the other ornaments of her
person. I also give her one of my best bedsteads and one of my best beds
together with all necessary and suitable bedding thereto and so much and such
part and parts of my household furniture as she shall make choice of and as
shall be sufficient to furnish a house for her after my decease. And I likewise
give her all my plate, linen, china and glass and all the wine and spirituous liquors
that shall be in my house at the time of my decease, together with all the
casks, bottles and other vessels containing the same. And I also give her all
my cloaths (sic) and weaving apparel.
·
I give to my said daughter one other of my best
bedsteads and one other of my best beds, together with all necessary and
suitable bedding thereto.
·
I also give to my wife the several principal
sums of money now owing to me as herein after mentioned.
§
That is to say the principal sum of nine hundred
and twenty pounds now owing to me from or upon security of certain premises in Pemberton, now or late belonging to one Peter
Barlow;
§
the principal sum of three hundred and fifty
pounds now owing to me from, or upon security, of certain premises in Wigan now or late belonging to one Robert Barlow;
§
the principal sum of eight hundred pounds now
owing to me from or upon security of certain premises in Wigan, now or late belonging to Mr Battersby of
Wigan, Solicitor;
§
the principal sum of nine hundred and fifty
pounds now owing to me from or upon security of certain premises in Coppall, now or late belonging to one William
Fisher, now deceased;
§
the principal sum of seven hundred pounds now
owing to me from or upon security of an estate in Ince
near Wigan, called Fogg’s;
§
the
principal sum of four hundred pounds now owing to me from or after security of
certain premises in Lowton and Golborne, now
belonging or reported to belong to one Mrs Worthington who was heretofore Miss
Collier, spinster;
§
the principal sum of two hundred and sixty four
pounds now owing to me from or upon security of certain premises in Skelmersdale which belonged to Robert Marsden late
of Wigan, tinplate worker, deceased;
§
the principal sum of one hundred and fifty
pounds now owing to me by part of the family of the late John Sim from or upon
security of their share or interest in certain premises in Pemberton heretofore belonging to Bryan Molyneux,
Esquire, deceased and;
§
the principal sum of three hundred and one
pounds or thereabouts now owing to me from a certain Estate
in Rivington called Hamer’s
§
which said principal sums amount altogether to
the sum of four thousand eight hundred and thirty twenty five pounds
§
And I also give and bequeath unto my said wife
all the interest which at the time of my decease shall be owing to me for or
upon the said several and respective principal sums, amounting altogether as
aforesaid to the said sum of four thousand eight hundred and thirty twenty five pounds, and also all such
interest thereof as aforesaid unto my wife, her executors and administrators
upon the trusts and to and for the intents and purposes hereinafter mentioned,
expressed and declared of and concerning the same. That is to say, upon trust
to place or continue the said several and respective principal sums amounting
altogether as aforesaid to the said sum of four thousand eight hundred and
thirty twenty five pounds at interest
and when and as often as needs may require to call in or receive the same or
any part or parts thereof and again place the same at interest and upon further
trust that she, my said wife, do and shall out of the interest which she shall
from time to time during her life receive therefrom, pay or retain to herself
to and for her own proper use and benefit yearly and every year during her life
the sum of two hundred pounds the first yearly payment or retention to be made
at the end of one year from the time of my decease and do
§
and shall pay the surplus, if any, of such
interest unto my son John Baron to and for his own proper use and benefit and
from and immediately after the decease of my said wife,
§
then upon further trust that the executors or
administrators of my said wife, do and shall pay the sum of three thousand
pounds, part of the before mentioned sum of four thousand eight hundred thirty twenty five pounds, unto my said
daughter Jane, to and for her own proper use and benefit
§
and the sum of one thousand eight hundred and
thirty twenty five pounds residue of
the said sum of four thousand eight hundred and thirty twenty five pounds unto my said son John to and for his own proper
use and benefit and not to, for or upon any other use, trust, intent or purpose
whatsoever
§
and the better to enable my said wife to execute
the trust aforesaid I do hereby give, devise and bequeath to her and to her
heirs, executors and administrators all such estates and interests both at law
and in equity as I may have at the time of my decease in the whole or any part
or parts of the several and respective principal sums amounting altogether as
aforesaid to the said sum of four thousand eight hundred and thirty twenty five pounds are now owing to me
as aforesaid and I hereby declare that the provision hereby made for my wife
shall be and that the same shall be by her accepted as in lieu bar and full
satisfaction of and for all dower
and thirds right and totle of
the Common Law of England or otherwise howsoever she, if she survive me may,
can, might or could claim of, into, out of or from my real and personal estates
respectively or any part thereof
§
And as for and concerning all the rest, residue
and remainder of my real estates and effects whatsoever and wheresoever, and of
what nature, kind or quality secure with their and every of their respective
appurtenances (so charged and chargeable as hereinafter is mentioned) I give,
devise and bequeath the same and every part or parcel thereof unto the before
mentioned John Lord and his heirs to the uses upon the trusts and to and for
the intents and purposes herein after mentioned, expressed and declared of and
concerning the same that is to say to the use and behoof of such person and
persons for such estate and estates, uses, ends, intents and purposes and in
such parts, shares and proportions, manner and form and with under and subject
to such powers, provisions, charges, limitations, restrictions and agreements
with or without power of revocation as my said son John Baron by any his act or
acts or deed or deeds in writing to be sealed and delivered by him in the
presence of and attested by one or more credible witness or witnesses shall
grant, bargain, ?ll alien
role as enfooss,
convey, demise, give, devise, direct, limit or appoint and in default of such
appointment to the use and behoof of my said son John and his assigns for and
during the term of his natural life without impeachment of or for any manner of
waste and from and immediately after the determination of that estate by
forfeiture or otherwise during the lifetime of my said son, then to the use and
behoof of the said John Lord and his heirs during the natural life of my said
son John but in trust for my said son during his life and to prevent dowore ??
§
And from and immediately after the decease of my
said son then to the use and behoof of the heirs and assignees of my said son
John forever and not to for or upon any other use trust intent or purpose
whatsoever
§
And as for and concerning all the rest residue
and remainder of my personal estate and effects whatsoever and wheresoever and
of what nature, kind or quality socoor
not herein before by me otherwise disposed of I give and bequeath the same (so
charged and chargeable as herein after is mentioned) unto my said son John, his
executors administrators and assignees to and for his and their own proper use
and benefit forever.
§
But I hereby charge and make chargeable the real
and personal estators and effects herein before given to or in trust for my
said son John with the payment of all my just debts, my funeral expenses and
the charges of proving this my will
§
And I hereby revoke all former and other wills
and testamentary papers by me at any time or times heretofore made and of this
which I publish as and declare to be my only true last will and testament do
constitute and appoint my wife, so far as concerns the personal property hereby
given to my wife whether to her own use or upon any trust and also so far as
concerns the property hereby given to my said daughter, to be the executrix and
so far as concerns the residue of my personal property and any outstanding term
or terms for years which I may stand professed of or interested in at the time
of my decease in trust for any person or persons I do hereby constitute and
appoint my said son to be executor of this my will. In witness whereof I, the
said James Baron, the testator have to each of the first six sheets of this my
will contained in seven sheets of paper set my hand and to the seventh (being
the last) sheet thereof my hand and seal the day and your first before written.
§
Signed, sealed, published and declared by the
said testator, James Baron, as and for his last will and testament in the
presence of us, who at his request and in his presence, and in the presence of
each other have hereto subscribed our names as witnesses. The words “before the
making of this my will” having been first interhand in the third sheet.
§
Jane Newsham; Ann Newsham, Samuel Newsham
·
The eighteenth day of January 1831 – John Baron
and Ellen Baron, the Executor and Executrix in this will named were sworn in
common form and they further made oath that the personal estate and effects of
the testator within the Diocese of Chester was under the value of eight
thousand pounds. Before me: J. Bromitors
The testator died the third day of January 1831
·
Probate issued Dated: 18 January 1831
 |
| The last page of the 1830 Will and 1831 probate for James Baron, Wigan |
The information that this Will provides for us as we move to the next step in researching the life and times of James Baron is simply amazing. We now have the names of his sisters and the names of two of their husbands. We know that these sisters had children. He confirms that he had a wife called Ellen and that he had two children called Jane and John. We have a positive link with Standish to confirm his place of burial as well as an inkling that he died on January 3, 1831 with a considerable estate of eight thousand pounds. This very roughly means his estate was worth around $NZ13,000,000.00 in current financial terms!! He not only cared for his wife and daughter upon his death but with this kind of accumulated wealth was able to ensure that his living sisters and their offspring had houses to live in during their lifetimes.
The next task is to piece together this family by locating a family around Standish with these siblings and, thereby, get back another generation to discover their parents. It is staggering to realise that from Malcolm, Hamish and Samuel it is possible to trace back 7 generations just by locating a few relevant documents and using them as a base for finding proof of the links between the generations!
Watch out for more detail as I continue to unravel the past to bring meaning to the here and now!
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