Sixth Generation

48. Benjamin WALSHAW was born about 1773 in Hoylandswaine, Yorkshire. He was christened on 15 Aug 1773 in All Saints' Church, Silkstone, Yorkshire. In 1797 he was a Clothier in Carr Head, Hoylandswaine, Yorkshire. He submitted a Bill of Complaint against his brother Joseph on 21 Feb 1811. He was in the process of selling his property on 1 Jun 1814 in Carr Head, Hoylandswaine, Yorkshire. The dispute with his brother, Joseph, in 1811 has no recorded outcome. However the Last Will & Testament of Walter-Spencer Stanhope of Cannon Hall (extract) throws light on the property....
"In the name of God Amen This is the last Will and Testament of me Walter Spencer Stanhope of Grosvenor Square in the County of Middlesex and of Cannon Hall in the County of York Esquire In the first place I desire if I die in England that I may be buried in Barnby Quire the family Chancel at Cawthorne in the said County of York……………… And as to the reversion or remainder to which I am intitled in an Estate in Derbyshire and also as to an Estate situate at Carr Head in the said County of York which I have contracted to purchase of and from Benjamin Walshaw and which has not yet been conveyed to me And as to all the rest residue and remainder of my real and personal Estate whatsoever and wheresoever and of what nature kind or quality soever I give devise and bequeath the same unto and to the use of my said son John his heirs executors administrators and assigns for ever ………………. In witness whereof I have to this my last Will and Testament set my hand and seal this first day of June one thousand eight hundred and fourteen – W. Spencer Stanhope.
Proved at London 4th August 1821."
The fact that Walter Spencer-Stanhope purchased property at Carr Head from Benjamin Walshaw about the time he made his Will in 1814 may suggest that the court found in favour of Benjamin. It is likely that Joseph had to relinquish part of the Carr Head estate to his brother who subsequently sold his share to Walter Spencer-Stanhope.

In 1841 he was a Farmer in Upper Cumberworth, Yorkshire. At the census of 1841 Benjamin had his 3 children John, Moses and Ann at home. He also had Johanna's 2 children Charlotte and Sarah as well his daughter Phoebe and her family. He signed a will on 1 Apr 1847 in High Flatts, Yorkshire.
WILL OF BENJAMIN WALSHAW 1847 - "This is the last Will and Testament of me Benjamin Walshaw of High Flats in the township of Denby the parish of Penistone and county of York labourer First I direct that all my just debts my funeral and testamentary expenses and the expense of proving and registering this my Will be paid by my Executors hereinafter named Secondly I bequeath to my wife Ann the use of my household furniture and the interest of the money arising from a Bond given from Walter Spencer Stanhope Esq of Cannon Hall in the township of Cawthorne to Joseph Hargreaves late of Gunthwaite but now of Staley Bridge in trust for me or my heirs or assigns, then at my decease or at the decease of my wife Ann should she survive me I give and bequeath to my son John Walshaw the whole of my household furniture books & pictures that I may then be possessed of Thirdly twelve months after my decease or the decease of my wife Ann should she survive me I give and bequeath the following legacies to my children (viz) To my son John Walshaw the sum of fifty five pounds to my son Noah Walshaw the sum of thirty five pounds to my son Moses Walshaw the sum of thirty five pounds to my daughter Harriott the wife of William Roberts the sum of ten pounds if she be living at the time her legacy becomes due if not then the ten pounds to be divided amongst my other children at the discretion of my Executors I also bequeath to my daughter Elizabeth the wife of Giles Shaw to my daughter Mary Keeman widow to my daughter Phebe the wife of William Broadhead to my daughter Joannah the wife of James Billcliffe to my grand daughter Mary the wife of Matthew Lindley the sum of ten pounds each and should any of the above legatees depart this life before their legacy becomes due then his or her legacy to be divided equally amongst their children Fourthly I appoint my sons John, Noah and Moses residuary legatees Lastly I nominate and appoint Charles Marsh of the Nook in Penistone stone mason and Jonathan Walshaw of Car Head in the township of Hoylandswain labourer Executors of this my Will and they or either of them shall be chargeable only for such monies as shall come to their hands by virtue of the trusts hereby on them reposed and he or they shall not be accountable for any involuntary losses and it shall be lawful for them out of the monies which may come to their hands to retain and reimburse himself and themselves all costs charges and expenses that they may be put unto by virtue of the trusts reposed on them by virtue of this my Will and I hereby revoke all other Wills by me at any time heretofore made declaring this to be my last Will and Testament in witness whereof I the Testator have set my hand and seal this first day of April one thousand eight hundred and forty seven – Benjamin Walshaw – his mark

Signed sealed declared and published by the said Benjamin Walshaw the Testator as and for his last Will and Testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto – Benjamin Milnes, Benjamin Marsh

I do hereby certify that on the twelfth day of July in the year of our Lord 1851 Charles Marsh of Penistone in the county of York stone mason one of the Executors names in this the last Will and Testament of Benjamin Walshaw late of High Flats in the township of Denby in the parish of Penistone aforesaid in the Diocese of York, labourer, deceased, was sworn well and truly to execute and perform the same and that the whole of the goods, chattels and credits of the said deceased, within the Diocese of York, do not amount in value to the sum of three hundred pounds.
Witness my hand – S. Sunderland – Surrogate
Sworn under
£300 Exchequer Doncaster
Walshaw Benjamin (Died 21st November 1850) High Flats T. Denby
8th August 1851
Passed 8th August 1851 under 300" He died of old age on 21 Nov 1850 in Ingbirchworth, Yorkshire. He was buried on 24 Nov 1850 in St. Nicholas' Church, Cumberworth, Yorkshire. He was a farmer. He died aged 79.

Benjamin WALSHAW and Ann SHAW were married before 1796. They lived in Carr Head, Hoylandswaine, Yorkshire between 1797 and 1807. Ann SHAW was born about 1775 in Penistone, Yorkshire. She lived in Ingbirchworth, Yorkshire in Mar 1851. She was a widow and lived with her son, Moses, and his family. She died in May 1851 in St. Nicholas' Church, Cumberworth, Yorkshire. She was buried on 24 May 1851 in St. Nicholas' Church, Cumberworth, Yorkshire. Benjamin WALSHAW and Ann SHAW had the following children:

+84	i.	Harriet WALSHAW.
85	ii.	Ann WALSHAW was born about 1798 in Hoylandswaine, Yorkshire. She was christened on 4 Nov 1798 in Silkstone, Yorkshire. She died about 1802 in Carr Head, Hoylandswaine, Yorkshire. She was buried on 14 Oct 1802 in All Saints' Church, Silkstone, Yorkshire. She was the daughter of "Benjamin Walshaw, Clothier, of Carrhead and Ann his Wife".
+86	iii.	Elizabeth (Betty) WALSHAW.
87	iv.	John WALSHAW was born about 1801 in Hoylandswaine, Yorkshire. He was christened on 18 Oct 1801 in Silkstone, Yorkshire. Between 1821 and 1841 he was an Agricultural Labourer in Ingbirchworth, Yorkshire. Between 1841 and 1851 he was a Handloom Weaver in Ingbirchworth, Yorkshire. He died about 1851 in Ingbirchworth, Yorkshire. John did not marry but lived with his parents. On his father’s death he and his mother lived with his brother Moses and family in Ingbirchworth.
+88	v.	Bridget WALSHAW.
89	vi.	Joseph WALSHAW was christened on 14 Apr 1805 in All Saints' Church, Silkstone, Yorkshire. He was born about 1805 in Hoylandswaine, Yorkshire. He died about 1810 in Carr Head, Hoylandswaine, Yorkshire. He was buried on 16 Sep 1810 in All Saints' Church, Silkstone, Yorkshire. He was five years old "son of Benjamin Walshaw, Clothier, of Carr Head".
+90	vii.	Mary WALSHAW.
+91	viii.	Phoebe WALSHAW.
+92	ix.	Noah WALSHAW.
93	x.	Sarah WALSHAW was born on 2 Oct 1815 in Hoylandswaine, Yorkshire. She was christened on 14 Nov 1815 in Thurlstone, Yorkshire. She died about 1816 in Hoylandswaine, Yorkshire. She was buried 3 Jan1816 in All Saints' Church, Silkstone, Yorkshire. Sarah WALLSHAW was 3 months old.
+94	xi.	Moses WALSHAW.
+95	xii.	Joannah WALSHAW.
96	xiii.	Ann WALSHAW was born about 1825 in Hoylandswaine, Yorkshire. She lived in Upper Cumberworth, Yorkshire in 1841. In 1841 she was a Fancy Weaver in Upper Cumberworth, Yorkshire. She died about 1845 in Upper Cumberworth, Yorkshire.