The contested will of Joseph Walshaw, Benjamin's grandfather, was as follows:
“This is the last Will and Testament of me Joseph Walshaw of Carhead in the Township of Hoyland Swaine in the Parish of Silkstone and County of York Yeoman First I will and direct that all such Debts that I shall justly owe at my Decease with the Expences of my Funeral and the Charges of the Probate of this my Will be fully paid and discharged - then I give and bequeath unto Benjamin Hincliffe Joseph Hincliffe Elizabeth Swallow John Hincliffe Jonas Hincliffe Jonathan Hincliffe Francis Hincliffe each and every one of them the Sum of Twenty Shillings to be paid them by my Executors twelve months after my Decease Also I give and bequeath unto Martha Bailey John Bailey George Bailey Joseph Bailey Thomas Bailey and Isaac Bailey Daughter and Sons of my Daughter Elizabeth Bark the Sum of ten shillings to each and every one of them to be paid by my Executors as they shall arrive at the age of Twenty One years Also I give and bequeath unto Mary and Johannah Daughters of my Daughter Ann each the Sum of Twenty Shillings to be paid by my Executors twelve months after my Decease Also I give and bequeath unto Jonas Walshaw of Son of my Daughter Martha the sum of Twenty shillings to be paid by my Executors twelve months after my decease Also I give and bequeath unto my Son Edward Walshaw one House standing in the Upperside of the field with the appurtenances therteto belonging now in the possession of John Shaw during his natural life and then I give and bequeath the said House with the appurtenances thereto to my Grandson Joseph Walshaw Son of my Son John to him and his heirs for ever Also I give and bequeath to John Beaumont of Carhead natural Son of my Daughter in Law Ann Walshaw the sum of ten pounds to be paid by my Executors at the Decease of my Grandmother Sarah Beaumont of Hoyland Swain Also I give and bequeath unto the above said John Beaumont a further sum of ten pounds to be paid him at the Decease of Son John Walshaw by my Executors also I give and bequeath unto Sarah Walshaw my Grandaughter and Daughter of my Son John Walshaw the sum of Twenty pounds to be paid her by my Executors when she shall arrive at tge age of twenty one years also I give and bequeath to my Grandaughter Martha Walshaw the sum of twenty pounds when she shall arrive at twenty one years also I give and bequeath unto Ann Walshaw my Grandaughter and Daughter of my Son John Walshaw the sum of twenty pounds to be paid her by my Executor when she shall arrive at the age of twenty one years Also I do constitute and appoint my said Son John whole heir and Executor of all my Goods cattle both moveable and immovable forever Furthermore I constitute and appoint my Son John abovesaid Heir and Executor of all my Lands and Premises with the appurtenances and Woods thereto belonging commonly called by the name of Car Head during his natural life he paying and discharging all the above said Legacies and Bequeathments that shall become due before the time of his Decease and then I constitute and appoint my two Grandsons Sons of my Son John Walshaw Benjamin and Joseph Walshaw joint and equal Heirs and Executors of all my above said Lands with the appurtenances and woods thereto belonging to them and their Heirs forever they paying and discharging all the Legacies and Bequeathments that may not be paid nor become due before they entered the Premises In Witness whereof I the said Joseph Walshaw the Testator have hereunto set my hand and seal the twenty fifth day of january in the year of our Lord one thousand seven hundred and ninety three Joseph X his mark Walshaw Signed Sealed and published in the presence of Richard Hanwell John Owhams Bernard Haigh - All interlinings excused”
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