Extracts from Will of Joseph of Dunham dated 1772(Died 2nd March 1774)
The following abstract is a much condensed version abstracted from two copies of the original will, about 8 A3 pages in all.
Held tenements and messuages from Mary Countess of Stamford in Envill, Staffs, and Whittinton (?) Staffs leased from George Earl of Stafford. Also leased lands at Timperly, Cheshire from Mary, Co. of Stamford, these last two charged with an annuity of £40 p.a. payable to his sister Mary Phethean of Enville during her life, and another of 50/- a year to his sister Martha Dunstan of Dunham during her life in accord with the will of my late brother Josiah Phethean.
Brother-in-law William Taylor of Altrincham, William Allen, innkeeper of Warrington and my cousin Josiah Phethean of Breightmet, innholder and papermaker designated as executors and administrators. These executors to surrender my leases on my death and to take them on themselves and to add such of my children as they decide. Any rents profits etc and all residues of my estates to be used to support my children Josiah, Elizabeth and Henrietta until the youngest reaches 21 years.
… Lots of detail about how the estates and incomes should be apportioned should one or more child die before reaching 21 …
Also to pay my sister Martha Dunstan £10 should her husband die before her.
The said executors and administrators to permit and suffer my son Josiah Phethean to enjoy my said leasehold estates and residue and remainder of my personal estates on reaching the age of 21
Should all children die before reaching 21 then the residue of my estate is willed to my cousin Josiah Phethean of Breightmet and his heirs, he paying therout to my sister-in-law Sarah Poole the sum of £200 and to my cousin Joseph son of the said Josiah Phethean the sum of £50 and to my Brother-in-law William Taylor of Altrincham and to my kinsman William Allen, innkeeper of Warrington the sum of £50. And to my sister Martha Dunstan 50/- per year during her life to be paid half yearly …
The following items support some of the details noted above:
Tuition Order from Chester Record Office 1774
Signed by the executors of Joseph’s will to “educate and bring up in learning” Josiah aged 8, Elizabeth aged 7 and Henrietta aged 6 years until such time as that they come of age or be married.
Dated 14 March 1774
Will of Elizabeth Phethean 1836
Gave and bequeathed all her estates to the surviving daughters of Mr Adam Lomax Haworth of Dunscain nr Bolton-le-moors and his late wife Susanna. Dated 1836
Probate issued 11th Nov 1836. Adam Lomax Haworth executor.
Dunham Massey estate archives
These records are copyright of the John Ryland Library, Manchester University and are not available on this version of the document.
Initial Notes based on Joseph of Dunham’s will and the Dunham Massey Estate archives
These notes were made after the initial inspection of Joseph of Dunham’s will and analysis of the information in the Dunham Massey archives and present some of the questions that I have subsequently attempted to answer.
Probate of the will granted March 14th 1774
Various amendments to documents; his son Josiah was granted rights to the leases etc held in trust on 23rd March 1786 and the remaining executors (some had died) released their title to the estate. This is why Cheshire record Office have two dates in their List of Wills 1772 and 1786 referring to Joseph of Dunham.
Joseph was probably born about 1735 – 1740 or so if his first child was born 1765. We know the children were about 8 to 9 years old when he died
We know from the Dunham Massey estates that Joseph had a brother Josiah who was alive on 18 June 1770 but had died by 1 June 1772
Joseph worked at Dunham Massey from at least 1761 until 1774, when he died in service
The original tree had a son Joseph d 1786 as a brother to Henrietta, Elizabeth. This is undoubtedly an error by Florrie as she would assume from the List of Wills at Chester that there was a Joseph who died 1786. (I was under that impression too, until I saw the copies). There’s no mention in the will or the estate details of a Joseph and as detailed above, the wills of 1772 and 1786 are the same documents, appended when Joseph’s son Josiah reached the age of 21 and inherited the estates.
Note on a transcription of the will comments that Mary Phethean of Enville died 1776.
Where does Sarah Poole fit into all of this? She shares a memorial in Bowdon Church with Henrietta and Elizabeth. The will refers to her as his sister-in-law.
Who was William Taylor, referred to as brother-in-law?
Since there is no reference to Joseph’s wife, she must have pre-deceased him.
The connection with Enville – both Joseph and his brother Josiah held land there, so they may have been in service with the Grey family in Staffordshire and moved to Dunham when Harry Grey, 4th Earl of Stamford married Mary Booth, daughter of the 2nd Earl of Warrington, George Booth. However, there are other early marriage links between the two families, and of course George Booth already employed Josiah so the Phethean name was established at Dunham quite early on, certainly from about 1700.
Last Updated on Monday, 03 November 2008 17:28