Oldham Local Studies: CBO/30/5/59/4/74
Abstract of Title of Mr Wm Whitehead Winterbottom to an Estate Situate at Green Lane in Saddleworth in the County of York
28th April 1815 4th May 1816 The last Will and Testament of Robert Winterbottom of Strines in Saddleworth in the County of York Gentleman of this date Whereby he gave devised and bequeathed unto his loving Wife Jane Winterbottom* his One yearly Annuity of £25 to be paid to her as long as She remained his Widow & no longer, as follows that is to say, the Sum of £10 part thereof to issue and be payable out of that part of his Estate at Strines in Saddleworth aforesaid therein after devised to his Grandsons Ashton Winterbottom Shakespear Winterbottom Winter Winterbottom & John Winterbottom their Heirs & Assigns to be paid by his said Grandsons their Heirs & Assigns to his wife Jane & her Assigns for and during her Natural life or so long as she remained his Widow and no longer Then he gave bequeathed & Devised the Sum of £15 the remainder of this said Annuity of £25 to be paid out of that part of his Freehold Estate Situate at Strines aforesaid thereinafter Devised to his Son William his Heirs & Assigns to be paid to his said Wife Jane & her Assigns Yearly and every year for & during her Natural life or so long as she remained his Widow & no longer to be paid as therein Mentioned & to be in Full Satisfaction of Dower out of his said real Estates After giving to his said Wife other things he gave & Devised unto his Grandson Ashton Winterbottom his Heirs & Assigns Forever
All that Messuage or Dwelling house in the Occupation of himself
Then he gave & Devised to his Grandson Shakespear Winterbottom his Heirs & Assigns forever
All that Messuage or Dwelling house in the Occupation of John Buckley his assigns or Undertenants
Then he gave & Devised to his Grandson [Winter?] Winterbottom his Heirs & Assigns Forever
All that Messuage or Dwelling house in the Occupation of Saml Winterbottom with the appurtenances
Then he gave & Devised to his Grandsons Ashton Winterbottom Shakespear Winterbottom and Winter Winterbottom Share and Share Alike
All that Barn & Shippen in the Occupation of Joseph Lees and the following Closes & parcels of Land or Ground Called the Garden Opposite the House the Highmost Field the Butt the Great Meadow and Five Acres of Land being a part of this inclosure on the High Moor to be Measured From the Top to the bottom of the same Along the side of William Warren’s Fence And also one Moiety or half part of the Fold way Water Watercourses Watering places and
other priveleges & Assigns Forever & appurtenances thereto belonging
To hold these Closes & parcels of Land & Grounds with Appurtenances unto these Ashton Winterbottom Shakespear Winterbottom & Winter Winterbottom their Heirs & Assigns forever as Tenants in Common & not as joint Tenants and to their Several Heirs & Assigns Forever Chargeable Nevertheless with the payment of the sum of £10 to his said Wife Jane to be paid to her as thereinbefore mentioned & after the Death of his said wife on the Day of Marriage he gave & bequeathed this said £10 yearly to Sarah** the Widow of his Son James during her Widowhood & if she marries again to have Nothing After Devising as therein Mentioned he gave & Devised to his Son William Whitehead Winterbottom his Heirs & Assigns forever Several Messuages & Dwelling houses
Together with the following Closes & parcels of Land Called the Garden Opposite Joseph Wild the little Meadow the New Meadow the Middle Field the lowmost Field the Holes field And Also one Moeity or half part of the Fold Ways Waters Watercourses Watering places And other priveleges And appurtenances And Also two thirds of his Mill Called Toulon Mill & the Stone House at Strines aforesaid Stones Dams Goits Weirs Feeders Ways Waters Watercourses Whatsoever to same belonging or in anywise Appertaining
Also he gave & Devised unto his Son William Whitehead Winterbottom
All the remaining part of his land at Highmoor aforesaid
And he thereby Willed & Devised to his Grandsons Ashton Winterbottom & Shakespear Winterbottom to have a Road for Driving Cattle over the Top of William’s Land when they should plow & sow the bottom part of their land upon Highmoor
The Testator Did Nominate Constitute & appoint his Son John Winterbottom & his Friend Matthew Driver of Waterhead Mill Corn Dealer and Abraham Whitehead of Sholver Farmer Executors of his last Will & Testament
The said Testator Died on or about the……..Day of……..without Altering or Revoking this said Will
The above was duly proved at Chester 4 May 1816
1 & 2 August 1825 Indenture of Lease & Release of these Dates both Made Between Winter Winterbottom late of Green lane in Saddleworth in the County of York but then of Leeds in the same County of York Cloth Dresser of the One part And William Whitehead Winterbottom of Delph in Saddleworth in the same County of York Merchant of the other part
After reciting in the said Indenture of Lease the Above Abstracted will And of the further reciting as therein is recited it is thereby Witnessed that for the Consideration therein Mentioned He the said Winter Winterbottom Did Grant Bargain Sell Alien Release & Conferred unto the said William Whitehead Winterbottom in his Actual possession by Virtue of a Bargain & Sale & his Heirs & Assigns
All that Messuage & Dwelling house Situate & being at Green lane in Saddleworth aforesaid lately with the Occupation of Samuel Winterbottom but then of ……….his assigns or Undertenants And
Also all that one Undivided third part or share of him the said Winter Winterbottom the Whole in three Equal parts or Shares to be Divided of and in all that Barn and Shippen late in the Occupation of the said Joseph Lees but then of the said Ashton Winterbottom his Assigns or Undertenants And Also An Undivided third part of and in the Several Closes and parcels of Land aforesaid Called the garden Opposite the House the Highmoor Field the Butt and the Great Meadow and five acres of Land being part of the inclosed land on High Moor Awarded to the late Robert Winterbottom Deceased*** Measured from the Top to the bottom of the same Along the side of William Warren’s fence And Also All that one Undivided third part of an Undivided Moiety or half part or Share of the fold Ways Watercourses Watering places & the priveleges & appurtenances thereto belonging or in anywise Appertaining And Also all other Tenants & Hereditaments Devised to the said Winter Winterbottom in and by the will of the said Robt Winterbottom Deceased
Together with the Appurtenances
And all the Estate Viz
To hold the said Messuage or Dwelling house Barn Shippen Closes inclosures pieces or parcels of land or Ground & parts and shares thereof Hereditaments & premises thereinbefore Mentioned & Described or intended to be thereby Granted & Released with the Appurtenances unto the said William Whitehead Winterbottom his Heirs & Assigns forever
The Usual Covenents
Executed by the said Winter Winterbottom
And Duly Executed & Receipt for Consideration Money endorsed on the back & Registered at Wakefield the 10 Day of Nov 1826 in Book I J page 139 No 148
1 & 2 August 1825 Indenture of Lease & Release of these Dates both Made Between Ashton Winterbottom of Green lane in Strines within Saddleworth in the County of York Cotton Spinner of the one part And the said William Whitehead Winterbottom of the other part
After reciting in the said Indenture of Release the Above Abstracted Will of the said Robert Winterbottom And Also further reciting that the said Robt Winterbottom Departed this life without Altering or Revoking the said will Also Reciting that the said Shakespear Winterbottom**** had also Departed this life Intestate leaving the said Ashton Winterbottom his Eldest Brother him surviving who is legally entitled to the Estate given to him the said Shakespear in and by the Above Abstracted Will as Heir in Law
And After further reciting as therein is recited It is thereby Witnessed that for the Consideration therein Mentioned He the said Ashton Winterbottom Did Grant Bargain Sell Alien & Release unto the said Wm Whitehead Winterbottom in his Actual possession being by Virtue of a Bargain & Sale to him thereof made and to his Heirs & assigns
All those two Messuages or Dwelling houses Situate and being at Green Lane in Saddleworth aforesaid late in the Several Tenures or Occupations of these Robt Winterbottom Deceased and one John Buckley And Also all those two undivided third parts of and in all that Barn and Shippen Situate & being at Green Lane aforesaid And then in the Occupation of Joseph Lees And Also all those two undivided third parts of and in all those Closes or parcels of Land or Ground Situate at Green Lane aforesaid Called or Known by the Several Names of the Garden Opposite the House the Highmost Field the Butt the Great Meadow and five acres of Land being part of the inclosure on High Moor Measured from the Top to the bottom of the same Along the side of William Warren’s Fence And Also two undivided third parts of and in an undivided Moiety or half part of the Fold ways Waters Watercourses Watering places and other priveleges And Appurtenances to the same belonging And Also all other the Tenements & Hereditaments Devised to the said Ashton Winterbottom & Shakespear Winterbottom by the Will of the said Robert Winterbottom
Together with the Appurtenances to the same belonging Viz
And the Reversion Viz
And All the Estate Viz
To hold the said Messuages or Dwelling houses Barn Shippen Closes of Land or Ground parts & Shares thereof Hereditaments and premises thereinbefore Mentioned & Described or intended to be thereby Granted & Released with the Appurtenances unto the said Wm Whitehead Winterbottom his Heirs & Assigns To and for the only proper use and behoof of the said WWWinterbottom his Heirs & Assigns forever
The usual Covenants
Executed by the said Ashton Winterbottom & Duly Execute Receipt for Consideration Money endorsed on the back & Registered at Wakefield 10 Day of Nov 1826 in Book I J page 139 No 147
* Jane Winterbottom is dead when attested on 10th Nov 1826 (d. 10 Apr 1824)
** Sarah Winterbottom is dead when attested on 10th Nov 1826 (d. 14 May 1825)
*** Robert Winterbottom died 10 Nov 1815
**** Shakespear Winterbottom died 21 Oct 1818
OLDHAM Thomases 