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to view a picture of the person49. Joseph WALSHAW
was born about 1777 in Hoylandswaine, Yorkshire. He received a bequest
in Joseph Walshaw's will in 1793. He was to receive a house left
to his uncle Edward after his death. He had a bill of Complaint made against
him in 1812. Benjamin Walshaw (the complainant) submitted a Bill
of Complaint against his brother Joseph Walshaw (the defendant) in 1812. The
issue appears to relate to who had legal title to the estate at Carhead. The
document indicates that Benjamin Walshaw was the eldest son-and-heir of John
Walshaw who died in 1810. Joseph, according to the document, was a younger son
of John Walshaw. Nancy Walshaw is identified as the widow of John Walshaw and
mother of Joseph. Grandfather Joseph Walshaw held the Carhead estate but there
is contention about the nature of his legal title and whether or not he made
a Will. At one point the document suggests that he did make a Will which was
not legally valid and this document was in the possession of his son John Walshaw
and he loaned it to a Mr Overend and Mr Marshall. He answered the complaint
of his brother Benjamin on 18 Nov 1812. The Answer of Joseph Walshaw
Defendant to the Bill of Complaint of Benjamin Walshaw Complainant: "This
Defendant saving and reserving to himself both now and at all times hereafter
all benefit & advantage of exception that may in any manner be had or taken
to the said Complainants said Bill of Complaint for answer thereto or to so much
thereof as the Defendant is advised is in anywise material or necessary for him
to make answer unto answers and says he believes it to be true that Joseph Walshaw
deceased in the said Bill of Complaint named the grandfather of this Defendant
and the said Complainant was seized and intitled in fee simple of and to the
Lands and Premises called Carhead in the said Bill mentioned but whether the
said Joseph Walshaw did or not duly make and publish his last Will and Testament
in writing of such date purport and effect as in the said Bill of Complaint mentioned
or any said Will or if so what was the date purport or effect thereof or whether
the same was executed and attested as by Law is required for passing Freehold
Estates or how otherwise or what is become of such Will in case any such was
made this Defendant says he is ignorant and unable to set forth as to his belief
or otherwise except that this Defendant saith he hath heard his late father John
Walshaw in the said Bill named say that the said Joseph Walshaw had made some
Will which was attested by two witnesses only instead of three and that the same
was therefore not a valid Will of his Real Estates but this Defendant saith that
he never heard the purport of the said Will stated by his said father nor any
other person and that he never had the same in his possession custody or power
or any copy or abstract thereof or extract therefrom and that he never saw the
same or any copy or any abstract thereof or extract therefrom and that he knows
nothing of the same Will as to his information belief or otherwise except that
some time previous to the death of the said John Walshaw the father of this Defendant
and the said Complainant one Charles Marshall who was then an intimate friend
of the said John Walshaw and a Mr Overend a son in law to the said Charles Marshall
and who as this Defendant has been informed was lately the Solicitor of the said
Complaint in this Cause and who lived in the neighbourhood of Carhead aforesaid
where the said John Walshaw deceased then lived came to the house of the said
John Walshaw and requested to look over the said John Walshaw's Will and that
upon the same being produced to them according to their said request the said
Mr Overend requested the said John Walshaw to permit him to take the said Will
home in order that he might peruse the same and that the said John Walshaw consented
to his so doing upon his promising to return the same shortly afterwards and
that he accordingly delivered the same to the said Mr Overend who hath not as
this Defendant hath been informed ever returned the same and in whose possession
therefore this Defendant apprehends the same now is or if not this Defendant
saith he is intirely ignorant and unable to set forth where the same is or what
is become thereof as to his belief or otherwise and this Defendant saith he admits
it to be true that the said Joseph Walshaw did depart this life on or about the
time in the said Bill mentioned but whether without having revoked or altered
his said Will this Defendant is utterly ignorant and unable to set forth as to
his belief or otherwise And this Defendant further answering saith he admits
to be true that upon or shortly after the death of the said Joseph Walshaw the
said John Walshaw his son did enter upon and take possession of the said Estate
called Carhead and that he did continue in possession of the said Estate or receipt
of the rents and profits thereof during his life and until the time of his death
And this Defendant further saith that he believes it to be true by reason of
the information he received as aforesaid which is all the knowledge this Defendant
hath upon the subject and his only ground for forming any belief thereupon that
the said John Walshaw did after the death of the said Joseph Walshaw get possession
of his said Will and that he kept the same in his possession until he gave the
same unto the said Mr Overend in the manner and for the purpose hereinbefore
mentioned And this Defendant saith that he doth not know and cannot set forth
as to his belief or otherwise whether the said John Walshaw did or did not ever
produce or prove the said Will in any Court And this Defendant saith that the
said John Walshaw died in or about the month of December 1810 and that he left
the said Complainant his Eldest Son and Heir at Law and the Defendant his younger
son And this Defendant saith that he also left a Mrs Nancy Walshaw who is still
living and in the possession of the said Premises in the said Will mentioned
as is hereafter more particularly set forth jointly with this Defendant And this
Defendant further saith that he never did by any means get or ever have possession
of the said Will of the said Joseph Walshaw or ever secrete or in any way dispose
of the same And this Defendant further saith that neither the said Will nor any
copy or extract thereof or therefrom is or ever was in the custody or possession
of this Defendant nor doth he know nor can he set forth as to his belief or otherwise
what is become of the same except as hereinbefore in that behalf mentioned and
set forth And this Defendant further saith that the said Complainant and this
Defendant did not upon the death of the said John Walshaw become intitled to
the possession of the said Estate called Carhead as stated in the said Bill of
Complaint because he saith that the said John Walshaw the father of the said
Complainant and this Defendant who was as this Defendant hath been advised and
believes seized of and well intitled to the said Premises in fee simple absolutely
for his own use and benefit did whilst he was of sound and perfect memory and
understanding on or about the 2nd day of December 1810 duly make and publish
his last Will and Testament bearing date the said 2nd day of December 1810 and
which was duly escented and attested as by Law is required for the passing of
freehold Estates whereby he devised the same to his said wife Nancy Walshaw and
this Defendant jointly between them during the life of the said Nancy Walshaw
and devised the whole thereof from an immediately after her death to this Defendant
and his heirs absolutely for ever And this Defendant saith that upon the death
of the said John Walshaw his father he this Defendant and the said Nancy Walshaw
entered into the possession and enjoyment of the said Premises in the said Bill
mentioned as being jointly entitled thereto for the life of the said Nancy Walshaw
under or by virtue of the said Will of his said father and that this Defendant
and the said Nancy Walshaw have ever since been and now are in possession and
enjoyment of the said Premises on their own behalf and claiming to be entitled
for their own benefit only accordingly under the said Will and he saith that
he this Defendant and the said Nancy Walshaw claim and insist upon the full benefit
of the said Will and of their being exclusively intitled to the said Premises
accordingly for the respective Estate devised to them thereby and this Defendant
denies that he hath ever entered upon or taken possession of the said Premises
or any part thereof on behalf of himself and the said Complainant or otherwise
then as a Devisee thereof for his own benefit under his said father's Will and
this Defendant saith that he this Defendant and his said mother claiming to be
and being so intitled exclusively as aforesaid under this Defendant's said father's
Will have got into their possession and now retain as they insist they are intitled
to do the several Deeds and Writings belonging or relating to the Title to the
said Estate and this Defendant submits and insists that he is not bound to produce
the same or any of them so to set forth the Partees thereof in any manner And
this Defendant further answering admits that he never has in any manner rendered
any account to the said Complainant of the rents and profits of the said Estate
or ever paid over to him any part thereof And this Defendant submits that he
was not nor is bound so to do the said Complainant as this Defendant insists
not having any right whatsoever to any such account or payment the whole of the
said Estate and the Rents and Profits thereof belonging as this Defendant to
this Defendant and his said mother alone under and by virtue of the said Will
of his said father the said John Walshaw deceased as is hereinbefore particularly
mentioned And this Defendant admits it to be true that the said Complainant hath
made or caused to be made applications to the said Defendant for the said purposes
in the said Bill of Complaint mentioned and he saith he hath refused to comply
therewith for the reasons aforesaid And this Defendant saith that it may be true
that he may have admitted and declared but when and to whom in particular he
cannot set forth as to his belief or otherwise that the said Joseph Walshaw left
a Will but he saith he never made any admission whatever to that effect but this
Defendant had been informed of such imperfect Will being made by him as aforesaid
with the circumstances relating thereto which are hereinbefore mentioned And
this Defendant saith he doth not know neither can he state to his belief or otherwise
whether the said John Walshaw did or not pay any Legacies or sums of money to
any person in respect of Legacies given and bequeathed by the said Will of the
said Joseph Walshaw And this defendant saith that he doth not know or can he
set forth as to his belief or otherwise whether the said John Walshaw his father
or any other person did or not take any time any receipts for the Legacies in
the said Bill mentioned or any of them or for any sums of money paid by or to
any person or persons whatsoever in respect thereof And this Defendant further
answering saith that he never did at any time obtain possession of any such Receipt
or Receipts or of any Memorandum Book or Books of Account or any account whatsoever
relating to the said Legacies or sums of money in the said Bill mentioned to
be paid in respect thereof and that no such are now in the custody or power of
this Defendant nor doth he know nor can he set forth as to his belief or otherwise
whether any such at any time were given or ever executed or if they were what
are become thereof this Defendant never having seen any such or heard of any
such except as he is informed thereof by the Statement in that behalf contained
in the said Complainant's Bill and this Defendant denies that to his knowledge
information or belief the said John Walshaw frequently or ever declared to any
person or persons that he was only Tenant for Life of the said Estate at Carhead
and on the contrary thereof this Defendant saith that the said John Walshaw in
his life time always considered and presented then that he was intitled to the
said Estate absolutely and that he took the same as the Eldest Son and Heir at
Law of the said Joseph Walshaw and that the said Joseph Walshaw never duly made
and published any Will executed and attested as by Law is required for passing
or devising Real Estates and this Defendant submits and insists that the said
Complainant hath not any Title whatsoever to the said Premises or any part thereof
and that he hath not at any right to demand a partition thereof or any account
of the Rents and Profits thereof And this Defendant denies all and all manner
of [space] and contrary wherewith he is charged in and by the said Bill of Complaint
without that there is any other matter or thing material or necessary for this
Defendant to make answer unto and not herein and hereby well and sufficiently
answered confessed traversed or denied is true all which matters and things this
Defendant is ready to aver and prove as this Honourable Court shall direct and
award and humbly prays to be hence dismissed with his reasonable costs and charges
in this behalf most wrongfully sustained.
Joseph Walshaw
Wm Horne
This answer was taken and the above mentioned Defendant Joseph Walshaw was duly
sworn to the truth thereof in the Holy Evangelists at the Office of Jonas Clarke
Solr -?- in Barnsley in the County of York on the 18th day of Novr in the 53rd
year of the Reign of King Geo the 3rd and in the year of our Lord 1812 by virtue
of the Commission hereunto annexed before us -
Jonas Clarke
Will Siddall"
He lived in Penistone, Yorkshire in 1841. Joseph was a widower
of independent means and he was one of three people who lodged with the publican
Richard Crossley and his wife and two children and their servant. He lived in
Penistone, Yorkshire in 1851. He was classed as a visitor and a farm
servant (but was probably a lodger as were three other farm servants) with Benjamin
Fieldsend, a 55 year old tailor and publican, and his three children, three grandchildren,
one apprentice and one servant.
Joseph WALSHAW and Ann MARSDEN were married
on 9 May 1814 in Penistone, Yorkshire. Joseph was from the Silkstone
Parish but Ann was "of this parish" and they married by licence. Ann MARSDEN died about 1839. She was born
in Penistone, Yorkshire. Joseph WALSHAW and Ann MARSDEN had the following
children:
+95 | i. | John WALSHAW. |
