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Will of James Hardman 1746 Merchant of Rochdale

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Date: 23 Jun 1746 to 29 Jan 1747
Location: Rochdale, Lancashire, Englandmap
Surnames/tags: Hardman Green
Profile manager: Maddy Hardman private message [send private message]
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Contents

Will of James Hardman, Merchant of Rochdale, Lancashire; Date: 29 January 1747

This transcription was made from a digital image of the Will obtained from the National Archives on 20 Nov 2022. [1]

Spelling has been mostly maintained as in the original, but capital letters were not always maintained in order to make reading easier. Bold type has been added to indicate relationships where they are mentioned.

Testator: James Hardman of Rochdale, merchant
Wife: Jane
Children: Richard, John, James, Elizabeth
Siblings: John Hardman, Elizabeth Green
Cousins: James Baron, Joseph Baron


In the name of God amen I James Hardman Rochdale in the county of Lancaster merchant being of sound mind and memory do make and ordain this my last will and testament in the manner and form following and first I commend my soul to God my creator trusting through his Mercies and my saviours merits to inherit everlasting life and my body from and to the Earth to be decently buried at the discretion of my executors hearin after appointed and as to my temporal estate wherewith it has pleased God to bless me I dispose thereof as followeth and first I share my real estate lying and being in Allerton Wooton and Childwall or elsewhere in the county of Lancaster with the payment of one annuity or yearly rent charge of sixty pounds a year unto Jane my loving wife and her assigns for and during the term of her natural life over and above her jointure of sixty pounds a year in consideration of the real regard for and my many obligations to her to be paid at such days and times and with such powers for recovery thereof as her said jointure by me made to her before or during our marriage is subjecthable or entitled unto also I devise and give the same estate charged as aforesaid in manner and form and to the uses hereinafter mentioned that is to say unto Richard my eldest son for and during the term of his natural life without impairment of Uast[?] and from and after the determination of that Estate then to my cousins James Baron and Joseph Baron and their heirs during the life of my said son Richard upon trust to preserve the Contingentuses[?] and remainders hereinafter mentioned or appointed to both are of trusted with a power for the said trustees and their heirs to make Entrys or bring Actions for that purpose as occasion shall require but nevertheless to permit and suffer the said Richard my son and his assigns to receive and take the rents Issues and profits thereof during his life and from and after his decease then to the use of the first and every other son of the body of my said son Richard lawfully to begotten severally Su[….]si[..]ly and in remainder one after another as they and every of the. Shall be in priority of birth and seniority in age and ther heirs of his and their body and bodys issuing the elder of such sons and the heirs of his body being always preferred before the younger of them and the heirs of his body issuing and ford fault of such issue then I give and devise the said remainder charged as aforesaid unto my second son John for his life without impediment of wast with remainder to James Baron and Joseph Baron and their heirs to preserve the Cintingent remainders and to the first and other sons of my said son John and the heirs of his and their respective Body and Body’s in the same order and manner as I have herein before appointed the said premisses unto my said son Richard and the said Trustees for preserving contingent remainders and his first and other son and the heirs of his and their respective body and bodys and for default of such issue Then to my youngest son James for his life without impeachment of Wast with remainder to the said Trustees and their heirs for preserving the Cintingent remainders and to his first and other sons and the heirs of his and their body and bodys in the manner and for default of such issue unto the fourth fifth and all and every other son and sons of my Body lawfully begotten or to be begotten sure of body and in remainder one after another or as they shall be in priority of birth and seniority in age and the heirs of the body and bodys of such son and sons of mine the elder of such sons and the heirs of his body being always preferred before the younger of them and the heirs of his and their body and bodies issuing and for default of such issue to my daughter and daughters of my body lawfully begotten or to be begotten to hold as Tenants in Common and not as Joint Tenants and the heirs of her and their bodies issuing and for default of such issue to my right heirs forever provided always and I do hereby declare it to be my Will and mind that my executors hereafter named shall receive and take the rents and profits of the said premises until some one of my said sons shall attain the age of twenty three years and until such time profits shall be deemed as part of my personal estate first deducting the said annuity jointure and such other sums of money as my brother john Hardman Tenant in Common with me of the said premises in the improvement thereof I give to such of my sons John or James as shall first attain the said age of twenty three years my tenements under Sir John Bridgman Baronet the profit thereof in the mean time going and being applied as part of my personal estate provided and I do hereby further declare that if either of my said sons John or James shall become owners of my said lands of inheritance by virtue of this my Will then my said leasehold estate under Sir John Bridgman shall immediately got to the next younger brother of such son so becoming owner as aforesaid and astoherning[?] my personal estate I will my loving wife have first immediately ther out the sum of one thousand pounds for her own use and the sum of one hundred pounds for the necessary support of her and my children then I give and bequeath unto my eldest son Richard the sum of two thousand pounds of lawful British money and to my second son John the sum of four thousand pounds of lawful British money and to my said third son James the sum of four thousand pounds of like money to be paid them severally at the said age of twenty three years also I give unto my daughter Elizabeth the sum of four thousand pounds Sterling when she shall attain her age of twenty one years or marriage which shall first happen provided such marriage be with the consent of my executors and I do hereby impower my executors hereafter named to let out the said several portions at interest or to purchase lands of inheritance therewith for the benefit and advantage of the respective persons intitled thereunto also to allow such sum and sums of money thereout for the respective maintenance and duration of them as to my executors shall from time to time deem meet and convenient provided and it is my further will and mind that if any one two or three of my said children shall die before his her or their portion or portions shall become payable as aforesaid that their such portion of portions shall go to my surviving child or children but if all my said children shall die before their portions shall become payable as aforesaid then I give their set portions and the interest and profits thereof unto my legal representatives other than to and amongst the children of my sister Elizabeth Green provided and it is my will and mind that if my executors hereafter named shall approve of the conduct and behaviour of all or any of my said children that then my said executors shall have power as well to pay such child its portion at the age of twenty one or twenty two years also to permit any of my said sons to enter on the profits of my said real estate when they shall according to seniority first attain the age of twenty one or twenty two years and as for and concerning the residue and reminder of my personal estate I will (as its turned into money) to be managed by my said executors to the best advantage in like manner as the portions are above directed until my youngest children hereafter to be begotten shall attain the age of twenty one twenty two or twenty three years at the like discretion of my said executors and then the same shall be divided by my said executors amongst my said children in such proportions and manner as my said executors shall think meet and for want of such disposal give the same to all my said children as shall be then living or their legal representatives share and share alike but if they all shall be then dead then I give such residue and the[? ] thereof amongst my legal representatives other than to and amongst the children of my sister Elizabeth Green and lastly I do here by nominate constitute and appoint my said loving wife and my dear brother John Hardman executrix and executor of this my will and guardians of my said children willing that my said executrix and executor shall be indemnified out of my said Estates further arisings and dealings under this my will that they shall only answer each for his her or their own respective acts wilful neglect or miscarriages only and hereby revoking all former and other will or wills by me at any time heretofore made I do hereby declare this to be my last will and testament only in witness whereof I have hereunto set my hand and seal this twenty third day of June in the year of our lord one thousand seven hundred and forty six Ja Hardman sealed signed published and declared by the said testator for and as his last will and testament in the presence of us who as witnesses hereof have severally subscribed our names in the sight and presence of the said testator and at his request these words following to wit the sum of one thousand pounds for her own use and, or marriage which shall first happen provided such marriage be with the consent of my executors being first interlined Jo Holden John Lowndes Jos Smallwood

This will was proved at London before the right worshipful John Bettesworth Doctor of laws Master Keeper or Commisary of the prerogative court of Canterbury lawfully constituted on the twenty ninth day of January in the year of our lord one thousand seven hundred and forty six by the oaths of Jane Hardman widow the relict and John Hardman the brother of the deceased executors named in the said Will to whom administration was granted of all and singular the goods chattels and credits of the said deceased being first sworn by commission duly to administer


In the name of God amen I James Hardman Rochdale in the county of Lancaster merchant being of sound mind and memory do make and ordain this my last will and testament in the manner and form following and first I commend my soul to God my creator trusting through his Mercies and my saviours merits to inherit everlasting life and my body from and to the Earth to be decently buried at the discretion of my executors hearin after appointed and as to my temporal estate wherewith it has pleased God to bless me I dispose thereof as followeth and first I share my real estate lying and being in Allerton Wooton and Childwall or elsewhere in the county of Lancaster with the payment of one annuity or yearly rent charge of sixty pounds a year unto Jane my loving wife and her assigns for and during the term of her natural life over and above her jointure of sixty pounds a year in consideration of the real regard for and my many obligations to her to be paid at such days and times and with such powers for recovery thereof as her said jointure by me made to her before or during our marriage is subjecthable or entitled unto also I devise and give the same estate charged as aforesaid in manner and form and to the uses hereinafter mentioned that is to say unto Richard my eldest son for and during the term of his natural life without impairment of Uast[?] and from and after the determination of that Estate then to my `cousins James Baron and Joseph Baron and their heirs during the life of my said son Richard upon trust to preserve the Contingentuses[?] and remainders hereinafter mentioned or appointed to both are of trusted with a power for the said trustees and their heirs to make Entrys or bring Actiins for that purpose as occasion shall require but nevertheless to permit and suffer the said Richard my son and his assigns to receive and take the rents Issues and profits thereof during his life and from and after his decease then to the use of the first and every other son of the body of my said son Richard lawfully to begotten severally Su[….]si[..]ly and in remainder one after another as they and every of the. Shall be in priority of birth and seniority in age and ther heirs of his and their body and bodys issuing the elder of such sons and the heirs of his body being always preferred before the younger of them and the heirs of his body issuing and ford fault of such issue then I give and devise the said remainder charged as aforesaid unto my second son John for his life without impediment of wast with remainder to James Baron and Joseph Baron and their heirs to preserve the Cintingent remainders and to the first and other sons of my said son John and the heirs of his and their respective Body and Body’s in the same order and manner as I have herein before appointed the said premisses unto my said son Richard and the said Trustees for preserving contingent remainders and his first and other son and the heirs of his and their respective body and bodys and for default of such issue Then to my youngest son James for his life without impeachment of Wast with remainder to the said Trustees and their heirs for preserving the Cintingent remainders and to his first and other sons and the heirs of his and their body and bodys in the manner and for default of such issue unto the fourth fifth and all and every other son and sons of my Body lawfully begotten or to be begotten sure of body and in remainder one after another or as they shall be in priority of birth and seniority in age and the heirs of the body and bodys of such son and sons of mine the elder of such sons and the heirs of his body being always preferred before the younger of them and the heirs of his and their body and bodies issuing and for default of such issue to my daughter and daughters of my body lawfully begotten or to be begotten to hold as Tenants in Common and not as Joint Tenants and the heirs of her and their bodies issuing and for default of such issue to my right heirs forever provided always and I do hereby declare it to be my Will and mind that my executors hereafter named shall receive and take the rents and profits of the said premises until some one of my said sons shall attain the age of twenty three years and until such time profits shall be deemed as part of my personal estate first deducting the said annuity jointure and such other sums of money as my brother `john Hardman Tenant in Commin with me of the said premises in the improvement thereof I give to such of my sons John or James as shall first attain the said age of twenty three years my tenements under Sir John Bridgman Baronet the profit thereof in the mean time going and being applied as part of my personal estate provided and I do hereby further declare that if either of my said sons John or James shall become owners of my said lands of inheritance by virtue of this my Will then my said leasehold estate under Sir John Bridgman shall immediately got to the next younger brother of such son so becoming owner as aforesaid and astoherning[?] my personal estate I will my loving wife have first immediately ther out the sum of one thousand pounds for her own use and the sum of one hundred pounds for the necessary support of her and my children then I give and bequeath unto my eldest son Richard the sum of two thousand pounds of lawful British money and to my second son John the sum of four thousand pounds of lawful British money and to my said third son James the sum of four thousand pounds of like money to be paid them severally at the said age of twenty three years also I give unto my daughter Elizabeth the sum of four thousand pounds Sterling when she shall attain her age of twenty one years or marriage which shall first happen provided such marriage be with the consent of my executors and I do hereby impower my executors hereafter named to let out the said several portions at interest or to purchase lands of inheritance therewith for the benefit and advantage of the respective persons intitled thereunto also to allow such sum and sums of money thereout for the respective maintenance and duration of them as to my executors shall from time to time deem meet and convenient provided and it is my further will and mind that if any one two or three of my said children shall die before his her or their portion or portions shall become payable as aforesaid that their such portion of portions shall go to my surviving child or children but if all my said children shall die before their portions shall become payable as aforesaid then I give their set portions and the interest and profits thereof unto my legal representatives other than to and amongst the children of my sister Elizabeth Green provided and it is my will and mind that if my executors hereafter named shall approve of the conduct and behaviour of all or any of my said children that then my said executors shall have power as well to pay such child its portion at the age of twenty one or twenty two years also to permit any of my said sons to enter on the profits of my said real estate when they shall according to seniority first attain the age of twenty one or twenty two years and as for and concerning the residue and reminder of my personal estate I will (as its turned into money) to be managed by my said executors to the best advantage in like manner as the portions are above directed until my youngest children hereafter to be begotten shall attain the age of twenty one twenty two or twenty three years at the like discretion of my said executors and then the same shall be divided by my said executors amongst my said children in such proportions and manner as my said executors shall think meet and for want of such disposal give the same to all my said children as shall be then living or their legal representatives share and share alike but if they all shall be then dead then I give such residue and the[? ] thereof amongst my legal representatives other than to and amongst the children of my sister Elizabeth Green and lastly I do here by nominate constitute and appoint my said loving wife and my dear brother John Hardman executrix and executor of this my will and guardians of my said children willing that my said executrix and executor shall be indemnified out of my said Estates further arisings and dealings under this my will that they shall only answer each for his her or their own respective acts wilful neglect or miscarriages only and hereby revoking all former and other will or wills by me at any time heretofore made I do hereby declare this to be my last will and testament only in witness whereof I have hereunto set my hand and seal this twenty third day of June in the year of our lord one thousand seven hundred and forty six Ja Hardman sealed signed published and declared by the said testator for and as his last will and testament in the presence of us who as witnesses hereof have severally subscribed our names in the sight and presence of the said testator and at his request these words following to wit the sum of one thousand pounds for her own use and, or marriage which shall first happen provided such marriage be with the consent of my executors being first interlined Jo Holden John Lowndes Jos Smallwood

This will was proved at London before the right worshipful John Bettesworth Doctor of laws Master Keeper or Commisary of the prerogative court of Canterbury lawfully constituted on the twenty ninth day of January in the year of our lord one thousand seven hundred and forty six by the oaths of Jane Hardman widow the relict and John Hardman the brother of the deceased executors named in the said Will to whom administration was granted of all and singular the goods chattels and credits of the said deceased being first sworn by commission duly to administer

Other Family Records

Marriage

Mr James Hardman of Rochdale, merchant, married Jane Leigh of Oughtringlen[…]yn Lancs on 19 Oct 1732 in Lymm, Cheshire, England.[2]

Portrait of wife can be seen here

Burial

Burial: 26 Jun 1746 St Chad, Rochdale, Lancashire, England
Mr. James Hardman -
Abode: Rochdale[3]


Wife’s Burial

Burial: 24 Feb 1795 St Chad, Rochdale, Lancashire, England
Jane Hardman, Widow -
Abode: Allerton near Liverpool
Buried by: Thos. Bellas, Curate[4]

Research Notes

James and his brother John jointly owned Allerton Hall.[5] [Note the dates are wrong on this website, but the general description is interesting]

Brother John Hardman

Brother was John Hardman MP c1694-1755[6]

Buried in Liverpool 10 Dec 1755[7]
Will proved 19 Jan 1756[8]
Parents allegedly Richard Hardman & Elizabeth [9]
Alleged spouse ? kockshead
John Hardman, merchant, married Jane Kockshead on 4 Feb 1724 in Liverpool, st Peter.[10]

Parents

Assuming the family history from the Parliament website is correct, James and John’s parents are:

Marriage: 25 Oct 1694 St Peter, Bolton, Lancashire, England
Richard Hardman - Greate Lever
Elizabeth Ferniside - Little Lever[11]

Sources

  1. https://discovery.nationalarchives.gov.uk/details/r/D743618 PROB 11/752/294; Description: Will of James Hardman, Merchant of Rochdale, Lancashire; Date: 29 January 1747
  2. https://search.findmypast.co.uk/record?id=GBPRS%2FCHS%2F4011872%2F00529&parentid=GBPRS%2FM%2F745100714%2F1 Cheshire Diocese Of Chester Bishop's Transcripts Marriages 1576-1906 findmypastimage
  3. http://www.lan-opc.org.uk Register: Burials 1742 - 1753; Source: LDS Family Search
  4. Register: Burials 1794 - 1807; Source: LDS Film 2356442
  5. https://historic-liverpool.co.uk/allerton-hall/
  6. https://en.wikipedia.org/wiki/John_Hardman_(MP)
  7. https://www.findmypast.co.uk/transcript?id=R_274277478
  8. https://www.findmypast.co.uk/transcript?id=GBOR%2FLANCASHIRE%2FPROBATE%2F206309
  9. https://historyofparliamentonline.org/volume/1754-1790/member/hardman-john-1694-1755#family-relations
  10. https://www.findmypast.co.uk/transcript?id=PRS%2FLIVERPOOL%2FMAR%2F0012183%2F1 Liverpool Record Office; Archive reference 283-PET-1-1
  11. http://www.lan-opc.org.uk Register: Marriages 1661 - 1712; Source: Rev. Canon Powell Transcripts

See also:





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Comments: 9

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Elizabeth remarried to a Richard Hampson. They had several children but only one, Elizabeth, who survived to adulthood. She is the sister Elizabeth Green referred to in the will of James Hardman. I can't find any record of her marriage or her children's baptisms but her father's will (1747) refers to his grandchildren Adam, Hampson and Mary Green and son-in-law Godfrey Green. Also his "stepsons and friends" James and John Hardman.
posted by David Hartley
That’s really interesting, thank you. Do you know where I can see a copy of Richard Hampson’s Will? I’d like to transcribe it and make some new profiles for these people.

Best regards,

Maddy

posted by Maddy Hardman
Richard Hampson of Liverpool. https://www.familysearch.org/ark:/61903/3:1:S3HT-6LGS-WVN?cat=126866

Adam Green of Dublin. https://www.familysearch.org/ark:/61903/3:1:S3HT-DRJ3-676?cat=126866

(It looks like the Greens lived in Ireland, but I can't find Elizabeth's marriage there either.)

The will I can't find is Richard Hardman of Little Lever 1700. All the 'H's seem to be missing from Familysearch's file for that year. It might clear up whether he was the son of the James who married Katherine Smith, even if with a different mother.

posted by David Hartley
Thanks David, I transcribed the George Smith will this morning and will try and manage the Hampson one today. If you can provide the James Ferniside will link too I’ll see about that one too. Wonderful finds all of them I tried looking for the Richard Hardman one before. I wonder whether there was some foul play in the fact the will can’t be found - there was a huge amount of money at stake from the estates of John & James Hardman.
posted by Maddy Hardman
I managed to find a marriage license for Godfrey Green and Elizabeth Hampson on the Findmypast website, so have included that and made a profile for her. Thanks for all your help on this family, it is much appreciated.

https://www.wikitree.com/wiki/Hampson-1273

Best regards, Maddy

posted by Maddy Hardman
Well done!

James Ferniside's will is at https://www.familysearch.org/ark:/61903/3:1:S3HY-6SVS-Q8H?cat=126866 .

Also useful. Margaret Hardman Great Lever 1679: https://www.familysearch.org/ark:/61903/3:1:S3HY-62P6-59?cat=325936

Richard Hardman G Lever 1632 : https://www.familysearch.org/ark:/61903/3:1:S3HT-6169-YDM?i=90&cat=126866

His son-in-law Michael Riddall 1680 doesn't add anything about the Hardmans, https://www.familysearch.org/ark:/61903/3:1:S3HY-62P6-WC?cat=325936

It is interesting to see that several of the wills I've found were copied in 1817 for a court case. I haven't seen any details of that case.

I think we can safely say that James and John Hardman's paternal line is Richard (d1700, m Elizabeth Ferniside) James (d1690, m ? d before 1670, m 2nd Katherine Smith) Richard (d1669, m Margaret d 1679) with probable father Richard d Great Lever, 1632.

The inheritance went to the descendants of James' two sisters. I can't quite understand that. I would have thought the descendants of James's other children had a better claim. Did all six have no surviving descendants by 1760?

posted by David Hartley
No foul play, just Familysearch missing a few out. I've found a summary of the will, at https://www.tongefamily.info/resources/extracts_from_various_chester_wills.htm . It names John and James as his children, and has George and John Hardman as witnesses. Doesn't explicitly say they are his (half-)brothers, but it all holds together. Also notes that it was copied for evidence in a case brought by Samuel Hardman in 1838.
posted by David Hartley
Good spot! There was a similar note on one of the wills I transcribed yesterday. We are getting there slowly but surely sorting the conflations in this family. I made a new profile for the Richard Hardman married to Margaret who left the 1660 Will. Must track down and transcribe Margaret’s will today.
posted by Maddy Hardman
The will of James Ferniside (1705) shows he had two daughters, Elizabeth married to Richard Hardman and Esther married to Peter Baron. Since James Hardman's will refers to his Baron cousins that confirms that his mother was Elizabeth Ferniside.
posted by David Hartley