|May 6 1593||John Swynlehirst (Burial Hil Waddington)||April 16 1593 Vol 2 Folio 369|
|Oct 2 1566||Agnes Swyngilhurst Hallifield in Heyfield (Burial Preston in Craven) Widow||Mar 2 1565 17/572|
|Sept 29 1563||John Swynelhirst Hellifield par. Long Preston, Yeoman||Jan 8 1562 Vol 17 Folio 281|
|Apl 28 1563||John Swynlerust senior Grindleton par. Mytton (Buried Widdington)||Jan 12 1562 Vol 17 Folio 228|
|Sept 10 1595||Thomas Swinlehurst Grindleton (Buried Waddington) husbandman||Mar 26 1595 Vol 26 Folio 164|
|July 25 1581||Richard Swynlhurste Grindleton (Burial Waddington) Husbandman||Jun 7 1581 Vol 22 Folio 90|
|Feb 24 1578||Administration Wm Swindlehirste Hirste Craven|
|Jun 29 1592||Administration John Swinlehurste Slaidburn|
|Feb 25 1585||Thomas Swinlherst Grindleton par. Mitton (Burial Waddington)||Aug 29 1585 Vol 23 Folio 164|
|Oct 4 1588||John Swinglehurst The Hill (Burial Waddington) Husbandman|
|Jan 25 1597||William Swinglehirst Hull Mariner||Apr 4 1597 Vol 26 Folio 571|
|Jul 16 1601||Richard Swinglehirste Manchester Gentleman||Mar 31 1601 Vol 28 Folio 422|
|Apr 24 1604||Richard Swindlehurst Son of Richard Swindlehurst of Manchester died Fen Craven (see Manchester Registry)|
|Bundle for Aug Agnes Swinglehirst||May 2 1638|
|Bundle for Oct Robt. Swinglehirste Grindleton (Burial Waddington) Feb 21 1643 (NB: The Robert Swinglehurst entry for burial at Waddington is 1644 and may refer to Fair Oak).|
|Apr 12 1675||Swinglehurst John, Grindleton||folio 79 (no will)|
|Jul 16 1680||Swinglehurst Jennett, Grindleton. bur Waddington. widow||June 18 1679 Vol 58 Fol 91|
|16 Jul 1697||Swinglehirst Thomas, Reddill (Will)|
|Feb 25 1697||Swinglehirst Thomas, Mill Gill, Gisburne (Will)|
|Mar 12 1699||Swinglehurst Robert, Gisburne (Will)||62/265|
|Apr 15 1702||Swinglehurst Anne, Slaidburn (Will)|
|Sep 15 1704||Swinglehurst John, Mitton (Tuition)|
|Feb 8 1709||Swinglehirst John, Gisburne (Will)|
|Apt 14 1714||Swinglehirst Wilfred, Holdsworth, Pontefract|
|Oct 9 1719||Swinglehirst Richard, Mawsie Clough, Little Monaster, Sawley (Will)|
|May 4 1723||Swinglehurst Robert, Burholme, Forest of Bowland (Will)|
|Jul 31 1723||Swinglehurst Robert, Burnholme, Forest of Bowland (A)|
|Dec 27 1723||Swinglehurst Robert, Burrowholme (Will) (Perogative Court Index)|
|Jun 1 1725||Swinglehurst John, Gisburne (Will)|
|Jul 1737||Swinglehirst John, Barholm (Perogative Court Index)|
|May 1743||Swinglehurst John, of Gill p Gisburne (Testament)|
|May 1747||SwinglehurstThos, of Newhouse, Gisburne (Testament)|
|Jan 1748||Swinglehurst James, died no will, of Lady Lodge|
|Dec 1764||Swinglehurst Anna, wife of James of Lady Lodge, Bolland, widow||See also Craven Act Book Dec 1764|
|Aug 1774||Swinglehurst Thomas, of Mill Gill, Gisburne|
|July 1783||Swinglehirst John Parker, of Park Hill, Ch. Coln & C. Land Gent|
|Aug 1792||Swinglehurst James, of Gill, Bolton by Bowland|
|Sep 1799||Swinglehurst John, of Mill Gill, Gisburn (Will)|
|Vol 2||Swinglehurst Alice of Bolland, widow (Adm)||(Fair Oak) 1580|
|Vol 4||Swinglehurst William of Clitheroe (Admin)||1594|
|Vol 4||Swinglehurst John of The Fence in Bolland (Will)||1625|
|Vol 15||Swinglehurst Beatrice (Will)||1678|
|Vol 15||Swinglehurst Robert of Clitheroe (Admin)|
|Vol 36||Swinglehurst Jane of Park Hill, Barrowford (Will)||1772|
|Vol 38||Swinglehurst Elizabeth of Clough, Barrowford (Adm)||1795|
|1750||Swinglehurst William of Blackslick, Chipping, Husbandman|
|1752||Swinglehurst Alice of Leagram, spinster|
|1755||Swinglehurst Margaret of Chipping, widow|
|1783||Swindlehurst Henry of Melling, Yeoman (Admin)|
|1576||Swinglehurst John of Chepin (Will)|
|1635||Swinglehurst William of Chepin, Husbandman|
|1693||Swinglehurst John of Chipping, Yeoman|
|1699||Swindlehurst Christopher, of Tarniker, Furness, Kendal or Lonsdale||Admin Bond|
|1711||Swindlehurst John, of Over Wiresdell, Furness, Kendal or Lonsdale||Admin Bond|
|Swinglehurst Ann, named in the will of Richard Bridggs of Sawley. Proved 21/01/1707|
|1635||Swinglehurst Ellen, wife of Thomas S of Rimington, daughter of Mary Brearly of Rimington. (Ellen Brearly married Thomas S at Gisburn in 1686) Father - James Brearly - will proved 20.5.1690. Mother's will proved 9.4.1694.|
|24/04/1761||Swinglehurst Henry is witness to will of John Kayley, Manor of Sawley|
|24/04/1761||Swinglehurst John. Appraiser of inventory of John Parkinson, Gill 18.4.1695. Witness to will of Ann Bullock of Moss, Forest of Gisburn 6.6.1689. Witness and appraiser of will and inventory of Thomas Carr of Flass 14.8.1694.|
|Swinglehurst Thomas Senior. Witness to will of John Wilkinson of Rimington, dated Feb 1714 (15) (Probably John's brother in law as John W married another daughter of James and Mary Brearly - see above). Also witness with his son Thos of will of John Hartley of Rimington, 26.1.1724 (25). Also executor of will of Ann Bullock (see John S). Also witnessed the will of Thos Carr of Flass.|
Will dated 27.1.1734/35 Proved September 1735
Body to be buried in Church Yard at Gisburn.
Wife Mary - the ancient house and new turfhouse and garden
Grandchild: Robert Swinglehurst
Daughter: Elizabeth Parker [wife of Robert Parker of Gamblehole. F.of Bawland]. Their two sons Henry and Robert are mentioned.
Son: Thomas Swinglehurst.
Witnesses: William Caley X John Taylor X
Robert Swinglehurst, Newhouse. Parish of Gisburn. Yeoman
Will dated 11.6.1746 Proved May 1747
Son: Robert [not yet 24]
Daughters: Mary, Margaret and Elizabeth
Brother in Law: Robert Parker [husband of Elizabeth see above]
Cousin: Thomas Swinglehurst
witnesses: John Carr, Richard Armistead, Richard Tetlow
Thomas Swinglehurst, Mill Gill. Forest of Gisburn. Husbandman
Will dated 12.2.1696/7 Proved 25.2.1697/8
Eldest son: Robert
second son: John
Daughter: Elizabeth [not yet 31] wife of Thomas Harrison
Witnesses: Thomas Swinglehurst Jnr., John Swinglehurst
Inventory dated 16.7.1697 Apprisers: Henry Ellis, Jo. Jackson, Edward Rausthorne and Jo. Swinglehurst
Will of JOHN SWINGLEHURST of GILL 1719
In the name of God Amen I John Swinglehurst of Gill within the Forest of Gisburne and County of Yorkshire Gentleman being well struck in years but of sound and disposing mind and memory praised be God for the same and considering the Uncertainty of Life and the Certainty of death do this present fifteenth day of December in the Sixth Year of King Georges Reign over Great Britain and Anno Domini 1719 make publish and declare this my last Will and Testament, in manner and form following.
And first and principally I recommend my Soul into the Hands of Almight God my Creator hoping through the death and passion of Jesus Christ my Redeemer my Sins will be forgiven me and as for my body I commit the same to the Earth there to Expect the Resurrection of the Righteous and to be buried in decent and Christian like manner at the discrecion of my Exec.r. herein after named.
And as for my worldly Estate which it hath pleased God to bestow upon me after payment of my just debts and Funeral Expenses out thereof I give divise and bequeath all that my Messuage or Tenement commonly called or known by the name of Gill whereon I now dwell and inhabit with all Houses Edificies buildings Closes Closures and parcels of ground and premises whatsoever therunto belonging with the appurtences unto John Swinglehurst my Eldest son his Exec.rs Admin.trs and Assignees for Term or Number of Years as I have therein under payment and performance of the Rents and Services Yearly due and of right accustomed for the same premises.
Item I give devise and bequeath all that my other Messuage or Tenement situate lying and being within the Forest of Gisburne aforesaid and commonly called or know by the name of Moss Tenement with all and singular Houses and Edifices buildings Lands Meadows pastures Feedings and appurtances whatsoever thereunto belonging And also within all that my other Messuage or Tenement commonly called Park Hill within the County of Lancaster with all and every buildings Closes Closures Lands and Meadows pastures and appurtances whatsoever thereunto belonging unto my said son John Swinglehurst and his Heirs and Assignees for ever.
Item I give devise and bequeath unto James Swinglehurst my Second Son his Heirs and Assignees for ever All that my Messuage and Tenement commonly called Gill at Clough Head lying and being within the parish of Bolton juxta Bowland and said County of Yorks and all and singular Houses Edifices buildings Closes Closures Lands Meadows pastures feedings and Appurtances whatsoever thereunto belonging or in anywise Appertaining.
Item I give devise and bequeath All that my Messuage or Tenement situate lying and being at Hesberdhall within the Forest of Gisburne aforesaid which I lately purchased of and from Samuel Clarke of Yorke Gentl. and all and every the Closes Closures Meadows pastures Commons of pasture Moss and Turbary and Appurtances whatsoever thereunto belonging to my said Son James Swinglehurst his Exec.rs Adm.trs and Assignees for and during such Term or Number of Years as I am entitled to the same under payment and performance of the Annual Rents and Services of right accustomed and payable in respect of the said premises.
Item I give devise and bequeath all and every my Houses Edifices buildings Closes Closures and parcels of ground Meadows pastures feedings and Commons Moss and Turbary and premises whatsoever with the appurtances thereunto or any part thereof belonging both with Freehold and Leasehold Tenures and situate lying and being within the parish Limits or Libertyes of Giggleswick in the said County of York unto my said Son James Swinglehurst his Heirs Exec.trs Adm.trs and Assignees for such Estate Term or Number of Years as I have or am entitled unto the same or any part thereof.
Item I give devise and bequeath all and every my other Messuages Lands and Tenements Hereditaments and premises whatsoever situate lying and being within the Counties of York and Lancaster unto my said Two Sons John Swinglehurst and James Swinglehurst their Heirs and Assignees for ever.
Item I give devise and bequeath unto my dear and well beloved Wife one Annuity or clear yearly sum of Ten pounds And to be issuing and payable to her or her Assignees out of all or any part of my said Freehold or Leasehold Messuages Lands and premises at Tao times in the year that is to say upon the First day of May and the First day of November yearly during her natural life by equal payments the first payment to be made on such of the said days which shall happen next after my decease the said payments to be equally made yearly by my said Two Sons and to be in leiu of her Thirds or Dower which she can have or claim out of all or any part of my Freehold Estate But in case my said Wife shall refuse to accept of the said Ten pounds yearly in Leiu of her said Thirds or Dower that then and from thenceforth the payment of the said yearly sum of Ten pounds shall not be made and the bequest thereof be utterly void.
Item I give and bequeath unto Thomas Browne of Mosse within the parish of Long Preston and County of York Yeoman my Son in Law all and every sum and sums of money he is indebted to me upon any account whatsoever.
Item I give and bequeath unto my Daughter Issabell Wife of the said Thomas Browne the sum of forty pounds to be paid within Twelve Months next after my decease.
Item I give and bequeath unto Elizabeth Atkinson of Roomhouses within the parish of Gargrave and said County of York Widow my Daughter all and every sum and sums of money she is and standeth indebted unto me and also the further sum of Twenty pounds to be paid to her by my Executors hereafter named within Twelve Months after decease.
And as for the rest residue and remainder of my Goods Chattels and Personal Estate whatsoever and wheresoever the same be after payment of my just debts Funeral Expenses and Legacies herein before mentioned out thereof I give and bequeath the same unto my said Two Sons Joint Executors of this my last Will and Testament hoping they will carefully perform In Witness whereof I have hereunto set my Hand and Seal the said Fifteenth day of December Anno Domini 1719.
Sealed signed published and declared by the Testator to be his last Will and Testament contained in Two Sheets of paper and attested by us and in the presence of and at the desire of the Testator
JOHN CARR Jurat
The Will of JOHN SWINGLEHURST of Gill 12th Feb.1743
In the name of God Amen. I John Swinglehurst in the parish of Gisburne and County of York Gentleman being indisposed of in Body But of Sound and perfect memory praised be to God do make and publish and declare this to be my last Will and Testament touching my Worldly Estate in manner following
First I give and bequeath to Elizabeth my beloved Wife the Goodly sum of Ten pounds to be paid and issuing out of all or any part of my Lands Tenements and Hereditaments yearly and every year during the Term of her natural life in Leiu Recompence and full Satisfaction of her Dower or £1,200 be such out of my Lands, Tenements and Hereditaments it amounts to every year or part thereof. Also I give and devise unto my five daughters the sum of £200 a piece the same to be paid to them respectively by my son John Parker Swinglehurst his heirs or Assignees when and as they severally attain to the age of Twenty one years The Interest thereof during their respective minorities to be raised out of my Lands and Tenements or any part thereof and applied for and towards their respective maintenance Education and Bringing up According to the discretion of my said Loving Wife, And it is my will and mind that if any default shall happen to be made of or in payment of the several sums of money, so or afterwards given to my said daughters or any of them or any part thereof when and as the same respectively become due then and in such case it shall be lawful and for such my said daughters to whom such default shall happen to be made to and upon all or any part of the said Messuages, Lands and Tenements and Hereditaments and the Rents issues and profits thereof to have received and take unto she and they so fully satisfied Contented or paid with all reasonable charges provided always That if any of my five daughters die before they attain to the age of Twenty one years or be unmarried Then and in such case the payment of the said sum of £200 here in before given to her or them so dying shall cease and become Null and Void. And whereas my Brother in Law Henry Parker hath Contracted and Covenanted with James Varley of the Forest of Pendle Yeoman all that in consideration of £90 is to be paid to the said Henry Parker by the said James Varley I have promised and Condescended to Secure to be paid to the said James Varley or his Assignees the clear yearly annuity or sum of E£7.10s. during the time of his natural life at four equal Quarterly payments and bequeath to the said James Varley this said clear annuity or yearly sum of £7.10s the same to be paid to him or his assignees by Quarterly payments as aforesaid the first payment thereof to begin and commence at the 2nd of three months next after said sum of £90 shall happen to be paid to the said Henry Parker his Executors, Admons. and Assignees.
And I do hereby Charge and make Chargeable Duo Moyety or half part of my Lands and Hereditaments at Admergili in the said County of York with the payment of the said annuity with power of entry in case of non payment. Also I give and Devise all and every my Messuages, Lands, Tenements and Hereditaments and all my personal Estate of what nature or kind Whatsoever and Wheresoever the value be. After payment of my just Debts and Funeral expenses and the annuities and legacies herein before mentioned to my son John Parker Swinglehurst. To hold to hire his Executors, Admons. and Assignees According to the several Estates and Tutors I have therein provided and I do hereby Will order and direct that it shall and may be lawfull to and for my Executors hereinafter named at any time during the minority of my said son to sell or mortgage some sufficient part of my Lands, Tenements and Hereditaments in order to raise money to pay off and discharge as well as my Just Debts as the several Annuities and Legacies or sums of money herein before be mentioned to be given and bequeathed. And also to grant and convey to the said James Varley and his Assignees Duo Moyety or half of my said Lands, Tenements and Hereditaments at Admergill aforesaid for the better securing the payment of the said Annuity before mentioned and bequeathed to him by such Conveyances and Assurances in the case of the said James Varley or his Coucil Learned in the Law shall reasonably advise to be drawn anything herein contained to the contrary in any wise and not withstanding Provided also and it is my Will and mind that it shall be and may be Lawfull to and for my Executors of their own will and discretion to work and carry on a certain enterprise in Digging for Coal in any part of my said Lands at Barrowford in the County of Lancaster and to Deduct and retain for themselves out of any part of the Rents and profits of my said Lands, Tenements and Hereditaments in case the said enterprise don't take effect. All such sums of money as they or either of them shall lay out and expend in and about the said Enterprise or Digging for and getting Coal as aforesaid. And if there happen to be Coal found and Got then it is my Will and mind that my said Executors shall be accountable for and pay over to my said son, his heirs or Assignees the Coal profits which shall arise from the Coal so Gotten. Also I give and dispose of the Tuition or Curatorship of all and every my said children and the Management of their effects till they severally attain to their respective ages of 21 years or marriage unto my said Wife in case she no longer remains my Widow. But if she shall happen to marry then and in such case it is my Will and mind that my said children be at Liberty to ellect and choose Guardians for themselves as soon as the Law shall trouble them so to do. And Lastly I nominate constitute and appoint my said Wife and Brother in Law Henry Parker Joint Executors of this my Last Will and Testament This 12th Day of February in the year of our Lord God 1743.
John Swinglehurst his mark Sealed, Signed, Published and Declared by the Testator to be his Last Will and Testament in sight and presence of us who Subscribed our names as Witness to Attest the Execution thereof at the request of and in the presence of
Ralph JACKSON Christopher SHACKLETON Edmd. STARKIE
In the name of God Amen. I Anna Swinglehurst of Lady Lodge otherwise Clough Head within the parish of Bolton nigh Boliand in the County of York, widow of James Swinglehurst late of the same place, deceased do make this my last Will and Testament in manner following
1. To my executors all of my personal estate and securities for money and whatsoever I am entitled to on Trust to pay all my ffuneral expenses Depts, the expenses of proving this my Will.
2. To my son James thirty pounds which sum I do declare given to him in full satisfaction of every claim and demand which my son bath or may have upon me in respect of any grouts or profits of his Estate owed by me. But I do believe I have already amply satisfied every sum of money or benefit recieved and had by me in respect of that Estate by my having maintained and brought up my said son ever since his ffathers my late husbands decease.
3. To my daughter Anna fifty pounds.
4. To my daughter Ann fourty pounds.
5. To Stephen Jennings who married my daughter Isabel one shilling.
6. To Victor Wilson who married my daughter Ellen one shilling.
7. The residue to be divided into five equal parts one fifth to Isabel Jennings, one fifth to Anna, one fifth to Ann to be paid within one month.
8. One other fifth part to be put out at interest by my Executors and that interest to be paid annually unto my daughter Elizabeth who it is said is married to one Craven Cookson but of the validity of this marriage I am in doubt. I hereby direct that this interest shall be paid to the proper hands of my daughter Elizabeth for her own proper use and support and that the same shall not be in any wise liable for the riotous (?) intermedling (?) depts or engagements of the said Craven Cookson and that this interest shall not in any way be afsigned, aliened or otherwise disposed of during the joint lives of her and the said Craven Cookson the same being by me intended merely and only for her own personal support and maintenance. But in the case the same be in any wise aliened by her then that such interest shall be paid to my said daughters Isabel, Anna, Ann and Ellen. In case she shall die before this said Craven Cookson and have any child or children born of her body then I direct that the money shall be paid equally to them on attaining ages of 21 or day or days of marriage which shall first happen the interest in the meantime to be applied to their maintenance and education. But in the case any such children shall die before 21 or marriage then such share to surviving child or children equally. But in case my said daughter Elizabeth shall die before the said Craven Cookson and have no children born of her body living at her decease then this fifth to my daughters Isabel, Anna, Ann and Ellen share and share alike.
9. As to the remaining fifth I direct that the same be put out at Interest to be paid annually to my daughter Ellen the wife of the said Victor Wilson. (then follow similar provisions in respect of Victor Wilson as in the case of Craven Cookson above).
10. And I hereby appoint Emor Rishton of Brookthorn. Gentleman, my brother Hugh Atkinson. my nephew Nicholas Goldard and John Barcroft of Gisburne executors.
Signed and sealed 6th day of ffebruary 1764
Proved at York December 1764
12th February 1743 John Swinglehurst by his Will of this date charged his Executors with the payment of £200 apiece to his five daughters and after payment of debt, Legacies, Annuities, Funeral Expences Etc. he devised all his Messuages, Lands, Investments and Profits and all his personal Estates of whatever nature or kind whatsoever and wheresoever the same were to his son John Parker Swinglehurst according to the Several Estates and Interest he had therein and died about 65 years ago having his five daughters and son surviving him Ann who married Mr.Wm.Batty (both dead) left one child Mary now wife of Mr.Geo.Haworth. Betty, Jane and Isabella (who all attained the age of 21 years and died unmarried). And Mary who married Mr.Wm.Dent and are both dead and without issue and John Parker Swinglehurst the son who married and is since dead leaving John and Elizabeth now wife of Mr.John Hoyle.
He [John Swinglehurst of Gill] appointed his widow along with her brother Henry Parker Executors. The said Henry Parker died and she survived to his Will whereby he gave her the Tuition of all his children and the management of all their effects till the respective ages of 21 years. On the death of their father his son was only about four years old, four of the daughters progressively older than the son and Mary the youngest only about two years old and the mother the Executrix received all the Rents monies etc. during their minorities and placed her son apprentice. Soon after he was loose, he died intestate having a widow and his and her Children infants and the said Executrix his mother survived him, and died in December 1794 and never accounted or made any Settlement of her husbands effects to her said son or his widow or Children or any other person on their behalf, nor had any of the legacies, but had several litigations and spent considerable sums of money, and as the property was considerable its presumed the sons portion should have accumulated.
The said Wm.Dent knowing all the circumstances and being a friend to the said John Parker Swinglehursts widow and assistant in the management of her affairs during the minority of her children, had undertaken Engagements for and along with her. On the 1st April 1795 Mr.Dent (Mary's husband) informed John Swinglehurst (the Grandson) that he believed that the Interest of the legacies had not educated and maintained the daughters, and that he'd not been well used for want of account of his fathers effects that came to the Hands of the daughters and Executrix in other respects but as far related him and his wife who was one of the daughters in order to settle the matter and as there were no releases for the legacies to discharge the estate therefrom, he proposed Mr.Swinglehurst the Grandson should pay unto the said Mrs Batty the £200 her legacy and her proportionable parts of the three sisters legacies that were dead unmarried and also her mothers share thereof she being her Admix. and take release from her thereof (Mr.Batty her husband being previously dead). And that Mr. & Mrs.Dent would execute proper releases of Mrs. Dents £200 legacy and also of their proportionable share of the legacies of their three sisters that were dead and unmarried if the said John Swinglehurst the Grandson would sign a Bond which was then prepared and ready for his execution for the amount of £800 which with interest after the rate of £4.10s he might only pay £4 during his Mr.Dent and his wife's joint lives and the life of the survivor and that at the death of the survivor the Bond should be given up to the same John Swinglehurst without paying the same sum or any part thereof.
Mrs.Dent also said in the presence of the parties and of Mr.Dents brother that if her nephew the said John Swinglehurst would do so it. would be very good of him and if she survived her husband she would give up the Bond immediately at his death, to which Mr.Dent said he only proposed at the death of the surviver and she repeated that she would do as she said. Upon this John Swinglehurst signed the Bond dated 1st April 1795 in the presence of Mr.Dents brother and got the same releases prepared and executed by Mrs.Batty, and Mr.& Mrs. Dent on the 9th day of the same April, and regularly finished. Accordingly on the 14th day of May 1796 John Swinglehurst paid Mr.Dent the Interest to that time and paid it regularly every May so long as Mr.Dent lived and he always made John Swinglehurst a handsome present out of the interest. On the 8th September 1801 Mr.Dent died and left his widow the same Mary Dent the sole Executrix to his Will and a considerable property and Residuary Legatee. On the 21st of the same April at the request of Mrs.Dent. Mr.Geo.Haworth husband to Mary, the daughter of Mrs.Batty, and the said John Swinglehurst her nephew assisted her in making an Inventory of her late husbands effects. After having finished an appraisement of the furniture, the bureau in which the securities were she opened, soon after the said John Swinglehurst saw the same Bond and asked Mrs.Dent what might be done with it, she answered she'd consider it, there was a note from Mrs.Batty for £200 and Interest, a small book debt besides her a note from Mr.Slater and there was due upon it upwards of £60. said Mr.Haworth owed about £100, the said John Hoyle husband of Elizabeth the daughter of John Parker Swinglehurst owed about £100 and Mrs.Mary Nutter owed several pounds but the account was not closed. Mr.Robert Hartley owed £20 or upwards. John Holt, Francis Blakey and several small sums besides which Mrs.Dent said it might be left alone and she would look up the debts and consider, and it might be left blank until a future time. In a few days afterwards Mrs.Dent wished said John Swinglehurst to go along with her and the same Mr.Haworth to prove her husbands Will. as she had gotten Mr.Haworth to copy the Inventory and Appraisment which she produced and desired the said John Swinglehurst to sign, it was then signed by Mr.Haworth and the Blank as to the amount of Debts was filled up with the sum of £997 only, for the Debts due to the Testator, the whole amount of the Inventory was £2,374.5s.6d. and that the said John Swinglehurst then also signed it, and on the 5th day of May following they went before the Surrogate to prove the Will when she produced the said Inventory and delivered it to him and took the usual Oath, and the Surrogate returned it, and told her to have it ready to produce when called upon and she delivered it in his presence to John Swinglehurst to keep and which he now has in his possession it not being called for, the same Mr.Haworth was present, the said Bond was not mentioned again by any of them in the hearing of the said John Swinglehurst but he conceived, as he and all of them knew there were the above debts and perhaps some little more his Bond could not be included therein to the whole amount, but he supposed a calculation had been made what the Interest would come to or be worth for her life, as he believed there were not debts to that amount, without it being estimated at something. John Swinglehurst thought as she promised to deliver the Bond up at Mr.Dents death, he did not pay or mention the Interest to her after her husbands death, though contrary to Mr.Dents proposals nor was it ever mentioned by either party until 21st November 1803 when Clerk to Mr.Bolton an Attorney waited upon John Swinglehurst with a letter of which the following is a copy and addressed to him
Colne 21st November 1803
I made your Aunt Mrs.Dent a promise on Saturday That I would call upon you in two or three days. on business between you and her, as I cannot call upon you conveniently, I beg you will excuse me troubling you with this letter she told me that you have omitted to pay her the Interest of a considerable sum of money which you stand indebted to her upon Bond, so that it is now in arrear for between two and three years, although she had frequently sent to you about it and therefore she wished me to request you would pay me the Interest now due for her use, and to fix a day (to be as early as you conveniently can) for payment of the principal. As it is her wish and expectation that you will pay it in. She also directed me to request you will as soon as you conveniently can get her discharged from the securities in which she and or the late Mr.Dent stand jointly engaged with you for money advanced to you.This she expects and hopes to have accomplished as soon as reasonably may be I beg you will favour me with an early answer to this application, which I think will be more agreeable to Mrs.Dent, and better in every respect, than troubling her personally upon the subject, I am Sir your very faithful and obedient servant.
John Swinglehurst the next morning (although he knew Mr.Bolton had a previous distaste to him, but John Swinglehurst knew Mr.Bolton had no real cause for it, he can prove by a person living such distaste) went to Mr.Bolton's office, and met with him, he said very austerely, that he might immediately pay the Interest and fixed the 22nd of May following for the payment of the principal and the Interest to that time then John Swinglehurst told Mr.Boiton the circumstances, and the manner the Security was obtained as herein before detailed, and as to her sending to him on the subject, she never had done, and he wished to know who the messenger was that enquiry might be made. John Swinglehurst knowing that Mrs.Dent was during the lifetime of the longer liver, and the supposition that she had put a partial value of it in the Inventory, produced and paid £90 for two years and a half Interest after £1.10s @ 10% to Mr.Bolton for which he gave him a receipt. But as to the £800 he did not promise to pay it, but said it was a large sum of money and he might see if he could get it, but he believed Mrs.Dent had not a Heart to take it knowing the circumstances. Mr.Bolton said he'd write and inform her what had passed. John Swinglehurst heard no more about it until 22nd May when he on his own accord waited upon Mr.Bolton and asked if he had the Bond and her directions to receive the money, he also said he had got as much money if he'd take a small Draft with Discount. Mr.Bolton then said he had not the security, nor did he say he was authorised to take the money. But if John Swinglehurst pleased he would write to her and send a Clerk with it immediately, as he had not received any directions from her on the subject since he remitted her the £90. John Swinglehurst said to him he'd see Mrs.Dent himself on the subject, and accordingly the day following he waited upon her personally and shewed her his said letter (of which the above is a copy) she read it, and said she never ordered him to call for the principal and she wondered what man would do. John Swinglehurst told her he had been at Mr. Boltons the day before, if he had her directions he asked him to receive it, and John Swinglehurst had then the money and produced it to her and told her she knew how the Bond was obtained, the circumstances and the promises, she replied in tears the principal she never did want, nor had she given any directions to Mr. Bolton about it, so she'd said take it again, which John Swinglehurst did, but as to the Interest she had ordered him to call for it, and she had altered her mind as to her own promise which she said she had a right to do as long as she lived, and she expected John Swinglehurst to pay the Interest regularly as in Mr. Dents lifetime, and she'd pend it upon Jane Hoyle his sisters daughter as John Swinglehurst knew Mr.Dents proposal was for it to be paid during the lifetime of the Survivor. John Swinglehurst replied if that was what was wanted, it should be done, and it has been paid regularly since every November during her life. And she in her life told a respectable Gentleman who is now living that she never ordered Mr.Bolton to make any application for the principal.
Mrs.Dent died on the 14th day of February 1809 having previously made her Will whereof she appointed Mr.Thos.Grimshaw, and Mr.James Wilson Executors. she gave her property to Mrs.Haworth and Mrs.Hoyle and their Children and they are Residuary Legatees thereof. Mr.Wilson one of her Executors on 23rd November 1809 waited upon him John Swinglehurst and asked him for a years Interest, of £200 secured upon his Bond to the late Mr.Wm.Dent, due the day before. At which John Swinglehurst was astonished, and calmly informed him of the circumstances as before detailed, and he further told him that he could not believe that either said Mr.Haworth, Mrs.Haworth, Mr.Hoyle or Mrs.Hoyle could expect it, as he believed they knew he never had the money, and was not to pay it, and that considerable sums of money had been expended by Elizabeth Swinglehurst deceased the Exct. upon her daughters and other ways and not accounted for, he believed they were not ignorant thereof, except for the Interest from November 1808 to 14th February 1809 the day of her death but he believed in a fair account of other matters, they had more of his money in their Hands, which he'd allow upon having the Bond given up according to Mr. Dents proposal. The said John Dent (Mr.Dents brother who was witness to the Bond and releases), the said Mr.Bolton and also the same Mrs.Batty are all three dead. Mrs.Batty died Intestate and the said Mrs.Haworth and Mr.Haworth her husband took administration of her effects. On the 12th of May last John Swinglehurst demanded the Bond of Mr. Thos. Grimshaw persuant to Mr.Dents proposal and related the circumstances how it was obtained. but he refused to deliver it, and on the day following he received a letter of which the following is a copy addressed to him
Colne 12th May 1810
The Executors of the late Mrs.Dent have desired me to inform you that they are in want of the £800 and Interest due on your Bond, they will be ready to receive this money as soon as you can accomodate them with it, but they will expect it at all events in the course of three months. I am Sir your most obedient servant.
J.Hargreaves (a copy)
Some time after the expiration of the three months same Mr.Hargreaves waited upon John Swinglehurst and demanded the money, he related to him the circumstances. He said would he John Swinglehurst say so to the Executors, in a few days afterwards he was requested to meet him and the Executors and related the circumstances to them and mentioned an Inventory and as to the other debts, but did not inform them where it was, knowing that Mr.Haworth was present when it was delivered, so he could tell if he would. but Mr.Wilson said Mr.Haworth had informed him it was all untrue what John Swinglehurst said. John Swinglehurst told them all he would not pay any part of it unless he was compelled to it, as he had never had it and was not to pay it.
John Swinglehurst not having the £800, he supposes that what constituted that Sum were Mrs.Dents Legacy of £200 and Interest and her proportionable part of the Legacies of her three sisters Betty, Jane and Isabella who all died unmarried, and for the Board of his Grandmother Mrs.Swinglehurst the widow and Executrix of the first John Swinglehurst and mother of John Parker Swinglehurst and who had resided with Mr.Dent thirteen and a half years previous to her death after the rate of £15 per annum for the first four years and £20 for the last nine and a half years which greatly exceeded the annuity of £10 per annum given to her by the Will of her husband and charged upon his Real Estate which had descended to the present John Swinglehurst, and she during the lifetime she lived with Mr.Dent seized of a Real Estate of the annual value of about £14 and died of a Personal Estate of about £300 which Mrs.Batty her daughter and Admin. divided among her next of Kin. And its supposed that Compound Interest at 5% was calculated upon part of the Legacies, and as the £10 annuity given to Old Mrs.Swinglehurst and the Interest of her daughters Legacies of £200 each were not sufficient to maintain herself and her daughters in the manner they were educated. The deficiency was paid for out of the income of her son the late J.Parker Swinglehurst, and which as before stated hath not been accounted for by her, or her late daughters.
Mrs.Dents Executors have now commenced an action at Law by special Original against John Swinglehurst for the recovery of the principal sum of £800 and Interest upon the Bond.
2y.1st - As there is a proviso in the first John Swinglehursts Will (a copy of which herewith sent, you'll please to peruse) that if any of his five daughters should die under age or be unmarried, then and in such case the payment of the sum given to her or them so dying should cease and become null and void, do you conceive the Legacies to these daughters dying unmarried, and part whereof was included in the said Bond, became payable, or they sunk in the Real Estate and Mr.Swinglehurst. not Liable to account for them ?
Answer As the daughters attained 21 I think that the Legacies became payable though they afterwards died unmarried.
2y.2nd Are not Mr.& Mrs.Haworth (Mrs.Haworth being the Admix. of her mother, Mrs.Batty (formerly Miss Swinglehurst) who was sole Admix. of Old Mrs Swinglehurst her mother) now compellable to produce their said Grandmothers books and accounts and answerable for any deficiency and neglect on her Mrs.Swinglehursts part if so, what method would you advise John Swinglehurst to persue ?
Answer I am of the opinion that this count would not after the time which has elapsed, direct an account against the Representative of old Mrs.Swinglehurst as to her husbands property.
2y.3rd In the manner that the Bond was obtained, would you advise John Swinglehurst to make a defence to this action, or to file a Bill of Injunction to stay those proceedings at Law and thereby seek relief in a Court of Equity? And though a Bond be Prima Facie Evidence of Debt, ought not the Executors to prove the actual payment of the £800 before they can recover, where any Fraud appears in the Obligee or his Representatives or would you advise (though it was never intended he should do. as appears by Mrs.Dent not having inserted it in the Appraisment and Inventory as before stated) John Swinglehurst to pay the money ? And if you advise a Bill to be filed, cannot Mr. & Mrs.Haworth and Mr. & Mrs Hoyle be made party to the Defendants with the Executors, and thereby obtain some truths from them in their answers of what they know and have heard Mr. & Mrs.Dent say respecting the Terms under which the Bond was given, and how the £800 were accounted for (all the persons then present now dead except the present Mr.Swinglehurst ?
Answer Mr.Swinglehurst does not appear to me to have any defence to the Bond at Law. The Executors need not prove Defence in consideration of the Bond. If Mr.Swinglehurst has any remedy it is in Equity on the ground that he was prevailed upon to give this Bond upon a promise that it should be given up upon the death of the Survivor of Mr.& Mrs.Dent but only if the ground is sufficient to obtain a delivery up of the Bond, but for it. the problem must be proved in the clearest manner and as all parties are dead I think it will be unprofitable to make it out. For what is stated as to the Inventory made out by Mrs.Dent is not sufficient alone to prove the fact. I cannot therefore recommend any Bill to be filed, Mr.Swinglehurst had better pay the money. If a Bill was filed it would be against the Executors of the Bond who are in the action. Mr.& Mrs Haworth and Mr.& Mrs.Hoyle could not properly be made parties unless it could be shown that they were unconcerned in Making the Bond.
John Bell Lincolns Inn Feb.lst.1811