A History of the Harris & Pearson Families

Kindly Contributed by Steve Pearson

The Will of Joseph Pearson 1776 - 1840

'This is the last Will and Testament

Of me Joseph Pearson of Brierley Hill in the parish of Kingswinford in the County of Stafford, Coal Master, made and published the twelfth day of February one thousand eight hundred and thirty eight in manner following, that is to say.

I give, devise and bequeath unto my Sons Thomas Pearson, John Pearson and William Pearson All and singular my Real & Personal Estate, Property & Effects whatsoever, wheresoever & of every nature or kind soever which I shall die possessed of, or interested in, to hold the said real and personal Estate & Property with their Appurtenances, unto the said Thomas Pearson, John Pearson & William Pearson their heirs, exors, admons & assigns according to the nature and tenure thereof respectively.

Nevertheless, upon the trusts and for the purposes following, namely, upon trust that they my said trustees, or the survivors or survivor of them, or their exors, admons or assigns of such survivor do & shall immediately after my decease cause an Inventory and valuation to be made of my Household Goods, Furniture and Effects & do & shall permit my Wife Phebe Pearson to have the use thereof during her life & immediately after her decease then upon trust to make sale of my said Household Goods, Furniture and Effects & pay & apply the proceeds arising therefrom unto & equally between and amongst themselves and all & every other of my children now living share & share alike.

And upon further trust that they my said trustees or the survivors, or survivor, or heirs, exors or admons of such survivor do & shall with all convenient speed after my decease, absolutely sell & dispose of all such part and parts of my said Real Estate as shall consist of Land or Buildings, either together or in parcels and, either by public auction or private contract as they or he shall think fit and to convey and assure the same when sold unto the purchaser or purchasers thereof, or as he, she or they shall direct. And to receive the monies arising from the Sale or Sales thereof & give effectual discharges for the same, exonerating the purchaser or purchasers thereof from all liability in respect of the application thereof. And I direct that they money arising from such sales shall be directed and taken as part of my Overall Personal Estate and divided and applied as hereinafter directed.

And whereas I now carry on the Trade or Business of a Coal Master at Wordsley in the said parish of Kingswinford in partnership with Mr. Richard Parrish and at Holly Hall in the parish of Dudley with my said Sons Thomas, John & William and may at the time of my decease continue so to do, as well as other Collieries either alone or in partnership with some person or persons. Now therefore I hereby authorise & support the Trustees or Trustee for the time being of this my will to carry on or join in carrying on such Trade or Business as to them or him shall seem most beneficial for the parties interested under this my will. And I expressly direct that my share or proportion of all losses, charges & expenses of carrying on managing and conducting the said Businesses or in anyxxx xxxxxx thereto or to carrying the covenants & provisions contained in any Leases or Grants of the said xxxx fully into effect shall be born and & paid by my said Trustees or Trustee with & out of the monies which shall come to their or his hands by virtue of this my will.

And I give to my said Trustees or Trustee for the time being full power and authority to enter into such contracts & agreements respecting the said Business and premises as they or he shall think proper and to increase, abridge or discontinue the said Business or any part thereof and to make such sales and dispositions of all or any part or parts of the said Mines, Collieries or premises as I have power to do & as they or he shall deem expedient, Together with all or any part or parts of the Stock, Effects & premises now or hereafter to 69 employees in or connected with the carrying on of the said Business. And with & out of profits xxxx out of the said Business and also with and out of all or any of the monies which shall come to their or his hands by of this my will to make such purchase or purchases of other mines, stock and effects as they or he the said Trustees or Trustee for the time being shall think proper and also to adjust and settle all amounts and transactions which I shall be interested in at the time of my decease and to compromise & compound any debts owing to me or claimed from me relative to the said Business & generally to transact all matters & xxxx respecting the said Business & premises & to so execute or cause to be done and executed all such acts & deeds relative thereto in such & the same manner to all effects and purposes as if they or he were absolutely entitled to or interested in the said Business.

And I hereby direct my said Trustees or Trustee for the time being to stand possessed of and to apply the said purchase monies arising from the sale of my said Land & Buildings as aforesaid & also any sum or sums of money I may have at any time advanced for & on account of the said Collieries and Premises in addition to my share or proportion of the Capital necessary for the carrying on the same, together with my said share of the profits arising and to be received from the said Mines, Collieries & Premises. And also all & singular other my monies, securities for money, Goods, Chattels, Personal Estate & Effects upon the following Trusts.

Namely, upon Trust in the first place to pay off & discharge all of my debts, funeral & Testamentary expenses together with the costs and charges incurred by them in carrying the Trusts herein contained fully into effect.

And in the next place to pay and allow to my said wife the sum of twenty shillings weekly & every week during her life for her own use & benefit & her receipt alone to be the only effectual discharge for the same. And I hereby declare that such sum shall be in lieu of Dower and that the same shall be paid to her weekly & that she shall not anticipate, assign or incumber the same.

And I also direct my Exors to apply the sum of ten shillings & sixpence per week for the maintenance, education & support of my Son George until he shall attain the age of twenty one years.

And also to find and provide my Son David, who is now an apprentice with Mr. Phillip Williams of Congreaves, with good and sufficient wearing apparel during his said apprenticeship in compliance with my covenant to that effect contained in his Indentures.

And also to pay my Daughter Sarah the sum of five shillings per week, weekly & every week, provided that she is unmarried at the time of my decease, during so long a time as she shall remain unmarried and from and immediately after her marriage then I direct that the payment of such weekly sum shall cease.

I also give and bequeath unto my Grandson John Pearson Wilcox, Son of Thomas and Elizabeth Wilcox the legacy or sum of two hundred pounds to be paid to him when he shall attain the age of twenty four years.

And after payment & satisfaction or providing for the several sums & Legacies aforesaid Upon Trust that my said Trustees or Trustee for the time being do & shall with convenient speed lay and invest the clear residue of my said Real & Personal Estate property & Effects including the said purchase monies, rents & profits as and where the same shall be respectively received, at Interest upon Government or real Securities in England and do & shall from time to time alter & transfer the same for or into other securities of the like nature.

And also do and shall receive the dividends and interest arising from such trust monies & Securities & from time to time also to invest the same upon like Government or real Securities and to allow the whole of the said trust monies, dividends, interest and profits to accumulate & remain undivided until my said Son George shall attain the age of twenty one years.

And upon further trust as soon as & when my said Son George shall attain the age of twenty one years, That they my said Trustees or Trustee for the time being do & shall divide, pay, apply such clear residue of the said trust monies, accumulations, securities, property & premises including all the rents and profits then or thereafter to be derived & received from my said Trade, Mines and premises unto & equally between for and amongst all and every my Child & Children now living namely, Thomas, Joanna the wife of Joseph Whitaker, John, William, Sarah, James, David and George share & share alike and in case any or either of my said children shall die before my Son George shall have attained the age of twenty one years, or after he shall have attained such age, before the whole of the trust money, profits & property hereby devised & bequeathed to them respectively shall have become payable & be divided leaving a Child or Children. Then I direct my said Trustees or Trustee for the time being to pay and apply the share or respective shares or residue then undivided & unpaid of the share or shares of him, her or them so dying unto his, her or their Child or Children equally at their respective ages of twenty one years. Such Child or Children to take the share or shares of their respective parents xxxx & with full power for them my said Trustees or Trustee for the time being to advance any portion of the share or shares of my said Grandchildren or of the interest, dividends & annual produce thereof for & towards his, her or their maintenance, education & advancement in the world until they shall attain such age. But in case any or either of my said children shall die without leaving such Child or Children either before or after my said Son George shall have attained the said age of twenty one years. Then I direct my said Trustees or Trustee for the time being to pay and apply the share or respective shares of him, her or them so dying without any children as well original as accruing of the trust monies then undivided & unpaid under the directions & trusts hereinbefore contained, unto & equally amongst the survivors or survivor of my said Children in manner hereinbefore directed as to their original share or shares.

And I appoint the said Thomas Pearson, John Pearson & William Pearson Executors of this my will, And I do hereby declare that the receipts of the said Thomas Pearson, John Pearson & William Pearson, or the survivor of them, or the exors or advisors of such survivor for any sum or sums of money payable to them or him by virtue of the trusts of this my will shall be effectual discharges for so much thereof respectively as in such receipts shall be acknowledged to be recovered and that the persons to whom the same shall be given respectively his, her or their exors, advisors or assigns shall not afterwards be answerable for any losses, misapplication or nonapplication or be obliged to see to the application of the money therein acknowledged to be received or any part thereof provided always. And I hereby declare that if the Trustees appointed by this my will or to be appointed under this present provision or any of them or their or any of their heirs, exors, advisors or assigns shall die or be desirous of being discharged from, or refuse, or be incapable to act in the Trusts hereby in them reposed before the same shall be fully executed then and in every such case it shall be lawful for the said Trustees or the surviving or continuing Trustee appointed by this my will whether they or he shall accept the trusts thereof or renounce the same or for the Trustees or Trustee so dying or desiring to be discharged or becoming unwilling or incapable to act in the Trusts hereby in them reposed before the same shall be fully executed then and in every such case it shall be lawful for the said trustees or the surviving or continuing Trustee appointed by this my will whether they or he shall accept the Trusts thereof or renounce the same, or for the Trustees, or the surviving, or continuing Trustee to be appointed under this present provision, or the exors or advisors of such last surviving or continuing Trustee by any Deed or Instrument in writing by them duly executed from time to time to appoint any fit person or persons to be a Trustee or Trustees in the place of the Trustee or Trustees so dying or desiring to be discharged or becoming unwilling or incapable to act as aforesaid. And that when & so often as any new Trustee shall be appointed as aforesaid all the trust Estates, monies & premises or such of them as shall be subject to the trusts & provisions aforesaid which shall have vested in such Trustee or Trustees so dying, desiring to be discharged or becoming unwilling or incapable to act as aforesaid shall be thereupon with all convenient speed conveyed, assigned & transferred in such manner as that the same shall be loyally & effectually vested in the person or persons so to be appointed as aforesaid either solely or jointly with the surviving or continuing Trustees or Trustee as occasion shall require to the uses and upon & for the trusts & purposes hereinbefore declared or such of them as shall be then subsisting and capable of taking effect & the person or persons so to be appointed as aforesaid shall have & be entitled to exercise the same powers & authorities as if he or they had been appointed a Trustee or Trustees of this my will provided always & I do hereby further declare that the trustees of this my will hereby appointed & to be appointed as aforesaid and each & every of their heirs exors and advisors shall be chargeable for such monies only as they respectively shall actually receive by virtue of the Trusts hereby in them reposed notwithstanding their or any of their giving or joining in giving any receipt or receipts for the sake of conformity. And I direct that none of them shall be answerable or accountable for any Banker or Broker with whom the said trust monies & premises shall be placed for safe custody or for any default or neglect of the other or others of them or for involuntary losses, And also that it shall be lawful for them out of the monies which shall come to their respective hands by virtue of the trusts aforesaid to retain & reimburse themselves respectively and also to allow their respective Co-trustees or Co-trustee all costs damages & expenses which they or any of them shall or may sustain expend or disburse in or about the execution of the aforesaid trusts or relation therto. In Witness whereof I the said Joseph Pearson the Testator have to this my last Will & Testament contained in this & the preceding six sheets of paper set my hand & seal, that is to say my hand to each of the said six sheets & my hand and seal to this last sheet the day & year first before written. Joseph Pearson Signed, sealed, published & declared by the above named Joseph Pearson as & for his last Will & Testament in the presence of us who have at his request hereunto subscribed our names as witnesses in his presence & in the presence of each other who first observed the several Erasures & Interlineations opposite to which the Testators Initials are placed. John Bolton Solr. Dudley.

Mr H. Brook his Clerk

This is a Codicil to the last Will & Testament of me Joseph Pearson of Brierley Hill in the parish of Kingswinford in the County of Stafford. Coal Master.

And which I desire may be considered as annexed to and taken as part of thereof.

Whereas I have in my said will given, devised and bequeathed unto my sons Thomas Pearson, John Pearson & William Pearson All & singular my Real and Personal Estate, Property & Effects whatsoever, wheresoever & of every nature or kind soever which I should die possessed of or interested in, to hold the same unto the said Thomas Pearson, John Pearson & William Pearson their heirs, exors, advisors & assigns according to the nature & tenure thereof respectively upon Trust that they my said Trustees or the survivors or survivor of them or their heirs, exors or advisors of such survivor should after my decease absolutely sell & dispose of all such part & parts of said Real Estate as should consist of Land or Buildings as therein mentioned & after payment & satisfaction or providing for the several sums & Legacies therein mentioned. I thereby directed my said Trustees to invest the clear residue of my Real & Pearsonal Estate Property and Effects including said purchase money, rents & profits as and when received at interest upon Government or Real Securities in England and to receive the dividends & interest arising therefrom & invest the same in like manner & allow the whole thereof to accumulate until my son George should attain twenty one. And then to divide such clear residue accumulations, Securities, property & premises unto & equally between & amongst all & every my child and children living at the date of my said will, namely Thomas, Joanna the wife of Joseph Whitaker, John, William, Sarah, James, David & George share and share alike. And whereas since the date & execution of my said will I have purchased and become possessed of a certain piece of Copyhold Land at Brockmoor whereon I have lately erected three Dwellinghouses & Heredits and also of a freehold Messuage or Dwellinghouse and Hereditaments at Brierley Hill aforesaid & I am desirous of devising the same respectively to my Sons James & George in part of their respective shares of the residue of my property as herinafter mentioned. Now therefore I do hereby give & devise unto my said son James Pearson all those three Copyhold Messuages or Dwellinghouses heridits & premises lately erected & built by me upon a piece of Land at Brockmoor Bank in the said Parish of Kingswinford lately purchased by me of Thomas Westwood & now in the several occupations of William Jefferies, Edward Quest & William Fox & which I direct shall be in lieu of the sum of Three Hundred pounds & shall be deemed & taken in part satisfaction of his share of the residue of my Real & personal property so given and bequeathed by my said will as before mentioned. To hold the same Messuages or Dwellinghouses heredits & premises with the appurts unto my said Son James Pearson his heirs & assigns for ever according to the custom of the Manor of Kingswinford. Also I hereby give & devise unto my said Son George Pearson all that freehold Messuage or Dwellinghouse Heredits & premises situate at Brierley Hill aforesaid which I lately purchased of xxxxx xxxxx & now in his occupation as my Tenant & which Heredits I direct shall be in lieu of the sum of Five Hundred pounds & shall be deemed & taken as part satisfactionof his share of the residue of my Real & personal Estate so given & bequeathed to him by my said will as before mentioned. To hold the same Messuage or Dwellinghouse heredits & premises with the appurts unto my said Son George his heirs & assigns for ever.

Also I hereby give and bequeath to my dear Wife Phebe Pearson in addition to the provision made for her in my said Will the sum of ten shillings a week to be paid her at the same times & in manner provided for in my said will for the payment of the weekly sum of twenty shillings thereby given to her.

Also I hereby give and bequeath to my Grandson John Pearson Wilcox the legacy or sum of fifty pounds in addition to the legacy left him by my said Will to be paid him when he shall attain the age of twenty four years.

And I do hereby ratify and confirm my said Will in every respect except whereby the same is hereby revoked and altered as aforesaid.

In Witness whereof I the said Joseph Pearson have to each sheet of this Codicil the whereof is written upon two sheets of paper set my hand this thirteenth day of September one thousand eight hundred & forty. Joseph Pearson

This and the preceding sheet of paper were severally signed by the said Joseph Pearson as and for a Codicil to be annexed to his last Will & Testament and to be taken as part thereof in the presence of us who at his request in his presence & in the presence of each other & at the same time have hereunto subscribed out names as witnesses thereto, Richard Parrish – Wm. Hunt Junr. Solr. Stourbridge. '

Proved at London with a Codicil 12th. Feby. 1841 before the Judge by the oaths of Thomas Pearson, John Pearson & William Pearson the Sons, the Exors & to whom Admon was granted having been first sworn by Commission duly to admin.