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Summary:
Testator:
Charles Potts of
Castleton, Derbyshire,
Gent
Wife:
not given a name (1)
Daughter and executrix:
Anne Potts
(2)
Sister:
Rebecca Potts
Nephew:
John Wright (3) of Eyam,
gent, testator’s ward
Father:
not named, held freehold
estates in Partington
and Macclesfield,
Cheshire
Niece:
Mary Walker
Servants at Oden Grove:
Thomas Eyre,
Wm Pooley, Thomas
Ashton, Joseph Short,
John Barber, Benjamin
Ashton, Elizabeth Hall,
Alice Lomas, Dorothy
Ashton, and Sarah Hawley
(4)
Executor:
Richard Bagshaw (5) of
Castleton, esquire
Will signed:
Char.
Potts, no date
Witnesses:
Robt.
Charlesworth, Robert
French, Jno. Brownell
Codicil:
signed 12 March 1724,
Char. Potts
Witnesses:
Robert French, John
Lockwood, Robt.
Charlesworth
Probate:
granted at London 7
August 1725 to Charles
(6) Bagshaw, armiger
Probate:
granted at London 5 July
1726 to Lady Anne Grant
(2)
Notes:
-
Testator’s wife was
Dorothy, daughter of
Johanny Wright of
Eyam, Derbyshire;
-
Testator’s daughter
Anne (1708-1742)
married Sir
Archibald Grant of
Monymusk,
Aberdeenshire, Bt.,
in 1731
-
Testator’s nephew,
John Wright was
possibly the son of
Thomas Wright of
Eyam, testator’s
brother-in-law;
testator was a
trustee for Wrights’
mother and
grandmother in
Newton Estate in
Cheshire;
-
Oden or Oaden Grove
is probably Odin
Mine in Castleton,
the earliest
recorded lead mine
in the area; a
stream running from
it through Castleton
is called Odin Sitch;
according Wikipedia,
a lead mine was
called a grove or
groove
-
Richard Bagshaw
(1675-1750) can be
found in Burke’s
Landed Gentry (1965)
page 30
-
This must be a
mistake for Richard
Bagshaw
Source:
UK
National Archives, Prob
11/604, Image 412
Text:
In
the name of God, Amen.
I, Charles Potts of
Castleton in the County
of Derby, Gent, being in
a very bad state of
bodily health and
considering the frailty
and uncertainty of human
life do make this my
last will and
testament; I commend my
soul to Almighty God
hoping for salvation
only through the merits
of my saviour Jesus
Christ; my body I desire
may be buried at the
discretion of my wife
and executors with
respect to the place
where it shall please
God I shall die
As
for my real estate
consisting of lands,
tenements and
hereditaments and also
lead mines, groves and
mineral possessions, I
give and devise and
bequeath one third part
thereof to my dear wife
for and during the term
of her natural life in
case she confirm her
rights to my part in
order to the uses
therein after mentioned
which relate to the uses
of my other real estate
And as to the other two
third parts of such my
real estate together
with the reversion of
the third part left to
my wife for life, I
give, devise and
bequeath the same unto
my executors hereafter
named and the survivor
of them, their heirs and
assigns for ever to the
use and behoof of my
dear daughter Anne Potts
for and during the term
of her natural life
without impeachment of
waste, and after her
decease to the use and
behoof of the heirs male
of her body lawfully
issuing and for default
of such issue to the
right heirs of me the
said Charles Potts for
ever, other than my
sister Rebecca Potts who
is not intended to take
as coheir to me this
estate however to be
liable and subject as is
hereafter mentioned to
make up any deficiency
of my personal estate in
paying off my just debts
upon their increasing on
account of the
contingency by reason of
any suits that may
hereafter happen either
at law or in equity
Item, as to my personal
estate I will that my
just debts and funeral
expenses be paid out of
the same by my executors
as soon as the same can
be raised out of all or
part thereof and I
subject all my estate
both real and personal
of what nature or kind
soever for the defence
or prosecution of any
actions at law or suits
in equity that may
happen to arise betwixt
me, my heirs, executors
and administrators and
my nephew Mr. John
Wright for or concerning
the passing and settling
his accounts in my
respect of my being his
guardian or for or by
reason of my trust for
his mother and
grandmother in Newton
Estate in the county of
Chester, he the said
John Wright not being at
present disposed to
settle the said affairs
for which I am very much
concerned and I do
hereby declare it gives
me very much uneasiness
and which I have
endeavoured to prevent
as much as in me lies
And after my said debts
are paid I give, devise
and bequeath my said
personal estate to my
executors hereafter
named to be put out at
interest till the same
can be laid out in lands
and tenements by my said
executors and settled by
them to the same uses
that my present real
estate is settled and
appointed as aforesaid
which my mind and will
shall be done with all
the convenient speed
that can be till which
time the interest
thereof shall be paid my
said wife and daughter
in such proportions as
the profits of my real
estate is devised as
aforesaid all concurrent
charges and expenses of
what nature or kind
soever being first
deducted
Item, it is my mind and
will that my said sister
Rebecca shall have an
annuity of five pounds
per annum for her life
to be paid her quarterly
in full satisfaction of
all legacies or any
other advantages to be
taken by this will and
to commence immediately
after the decease of my
father and no sooner,
and in case he leave her
not to the value of
eight pounds a year for
her life and not
otherwise and if my
father leave her eight
pounds a year for life I
give her forty shillings
a year in additional
annuity for her life and
in full ??? of all
devises, legacies and
bequests whatsoever
Item, in case it shall
happen after my decease
that my dear daughter
Anne Potts or her legal
heirs of her body
begotten come to enjoy
my father’s freehold
estates at Partington
and Macclesfield either
by virtue of any former
deed made of which I am
sure there is or by
virtue of his last will
and testament then I
give, devise and
bequeath unto my niece
Mary Walker the sum of
fifty pounds to be paid
her if alive within one
year after such my said
daughter’s enjoyment of
my said father’s real
estate at Partington and
Macclesfield and not
otherwise
Item, I give to my said
daughter the tenant
right of my leases and
farms of what nature or
kind soever
Item, it is my mind and
will that if my wife do
not confirm her right to
Oden Grove and settle
the same to such uses as
my other real estate is
limited within three
months after my decease
she shall have no part
or share of my other
mines or of my interest
in mineral ?due ?lyes in
Eyam or elsewhere but
shall be totally
excluded and barred
therefrom
Item, I give and
bequeath unto every of
my servants who shall
inhabit with me and hath
or ought to receive
wages from me at the
time of my death each of
them a guinea to be paid
them at the end of one
year after my decease
Item, I give unto Thomas
Eyre, Wm Pooley, Thomas
Ashton, Joseph Short,
John Barber and Benjamin
Ashton to whom I pay
wages at Oden every one
of them the sum of half
a guinea and to
Elizabeth Hall, Alice
Lomas, Dorothy Ashton,
and Sarah Hawley each of
them five shillings
Item, I give and
bequeath the sum of
twenty pounds to my
executors to be laid out
in land or put out at
interest for the use and
benefit of two poor
scholars to be taught at
the free school lately
erected and endowed in
Castleton by Richard
Bagshaw of Castleton
aforesaid, esquire and
to be elected and chosen
out of the families of
such persons as shall
hereafter be workers for
my share of Oden Grove
at the discretion of my
executors and the
survivor of them and
their heirs
Item, I give and
bequeath to my executor
the said Richard Bagshaw
the sum of twenty
guineas and to my dear
daughter Anne my
executrix all the rest
and residue of my estate
as well real as personal
not hereby disposed to
hold to her, her heirs,
executors or
administrators for ever
And I do hereby make,
constitute and appoint
the said Richard Bagshaw
and my daughter Anne
Potts executor and
executrix of this my
last will and testament
// Char. Potts //
Sealed, signed,
published and declared
to be the last will and
testament of the said
Charles Potts in the
presence of the
witnesses following who
subscribed their names
in the presence of the
testator. // Robt.
Charlesworth // Robert
French // Jno. Brownell
//
I,
Charles Potts of
Castleton in the county
of Derby, Gent, being of
sound and perfect memory
do make and annex this
codicil to my
last will and testament,
viz
I
give and bequeath unto
my dear and loving wife
an annuity or clear
yearly rent charge of
twenty pounds per annum
over and above what I
have already bequeathed
to her by my said last
will for and during the
term of her natural life
to be issuing and
payable out of all or
any of my lands,
tenements and
hereditaments within the
counties of Chester or
Derby or elsewhere
within the kingdom of
England or out of any or
all my lead mines,
groves and mineral
possessions for the same
within the said county
of Derby to be paid her
at Lady Day and
Michaelmas by equal
portions the first
payment to commence on
either of the said days
which shall first happen
after my decease
Item, my mind and will
is and I do hereby give,
devise and bequeath unto
my nephew John Wright of
Eyam, gent and his heirs
for ever after the
decease of my said wife
and of my daughter Anne
Potts provided my said
daughter happen to die
without issue lawfully
begotten or other
disposition all my
shares, parts and
proportion of Upper and
Nether Oaden Groves and
mineral possessions for
the same lying, ranging
and being within the
Liberties of Castleton
and Peak Forest within
the said county of Derby
and also my lead mines,
groves and mineral
possessions for the same
with their and every of
their appurtenances
ranging and lying and
being within the parish
of Eyam and county of
Derby aforesaid
In
witness whereof I have
hereunto set my hand and
seal this twelfth day of
March in the year of our
Lord one thousand seven
hundred and twenty
four. // Char. Potts
//
Sealed, signed,
published and declared
to be a codicil to my
last will and testament
in the presence of
// Robert French // John
Lockwood // Robt.
Charlesworth //
Probate (in Latin) was
given at London 7 August
1725 to Charles Bagshaw,
armiger; power was
reserved to grant the
same to Anne Potts,
daughter of the said
deceased if she
petitions for it.
Probate (more Latin) was
granted 5 July 1726 to
Lady Anne Grant, alias
Potts (wife of Sir
Alexander Grant) the
other executrix named. |
