Case brought by Mary Barlow, widow, of Eccles, and her several minor children against Thomas Barlow and John Barlow, Tanners, of Eccles. Mary's husband, Richard Barlow was Thomas Barlow's son and business partner before his death in 1761. Mary Barlow claims that although she and her children were the main beneficiaries of her late husband's will, Richard's father, Thomas, and the other Defendant John Barlow (relationship unclear, but probably Thomas's brother) have consistently denied her the opportunity to have his part of the remaining valued or estimated, and that they have actively sought to deprive her of money from the estate. She claims that she applied on a number of occasions to Thomas Barlow through his other brother, Richard Barlow (d.1765), but that this was to no avail. She also claims that uncle Richard Barlow's will also stipulated that a great part of his estate would be bequeathed to her and her children, but that Thomas Barlow invited Richard to live with him when he was ailing, possessed himself of this final will and refuses to produce it now. Instead, he produces an older will wherein he, Thomas, is the sole beneficiary. In terms of the remaining tannery business, Mary also claims that her late husband had told her that his share was worth at least six hundred pounds and that there were no debts on the business. Thomas Barlow claims that the entire stock in trade is worth no more than four hundred pounds, and that there are substantial debts on the company which he himself has paid for and is due to be paid back. Mary Barlow claims that these debts are completely fabricated by Thomas's confederates for the purpose of lowering the total value of the business and thus her entitlement within it.
PL6/84/14 (DSC_0045) (DSC_0273 – 281)
[...] 1766
To the Right Honorable James Smith Stanley commonly called Lord Strange Chancellor of the Dutchy and County Palatine of Lancaster and one of the Lords of his Majestys most honourable Privy Council
1. Humbly Complaining showeth unto your Lordship your Orators and Oratrix Mary Barlow of Eccles in the County of Lancaster Widow and [?] and one of the Executors of the Last Will and Testament of Richard Barlow late of Eccles aforesaid [?] deceased and [?]
2. [?] [?] [?] and John Barlow his Children by the said Mary Barlow your Oratrix all Infants under the Age of Twenty one years by the said Mary Barlow their Mother and next Friend that your Oratrix was Daughter of James Chorleton late of Pendleton in his said County Husbandman and in or about
3. [?] Year of our Lord one thousand Seven hundred and forty eight by and with the consent of her Father [?] into a treaty of Marriage with the said Richard Barlow Son of Thomas Barlow of Eccles aforesaid Tanner one of the Defendants hereinafter mentioned which said Marriage soon after that as to say on
4. or about twenty third day of September in the year of our Lord One thousand Seven hundred and forty eight took effect and the said Richard Barlow having served his said Father the said Thomas Barlow the Defendant as an apprentice in the Tanning Trade which his Father at that time carryed on at Eccles
5. [aforesaid?] his partnership with Richard Barlow Brother of the said Defendant Thomas Barlow the said Richard Barlow the Uncle did Agree to withdraw out of the partnership in favour of his said Nephew the said Richard Barlow your Oratrix’s late Husband and also in favour of his said Nephew and in
6. order the better to set him up in the said Partnership did then Advance and give Or otherwise allow out of his said Stock in Partnership the Sum of Fifty pounds and upwards stud the said James Chorleton did propose and agree to pay as a Marriage Portion with your Oratrix the Sum of Two hundred pounds part
7. whereof was to be paid into [?] and the rest at the time of his Death And the said Defendant Thomas Barlow did Agree that instead of giving his Son Richard Barlow any Sum by way of portion or provision on the said Marriage he would in Consideration thereof and of his receiving the said Sum of Two hundred pounds
8. being your Oratrix Marys portion from the said James Chorleton her Father [?] take the said Richard Barlow his Son your Oratrix’s late Husband into Partnership with time in the Tanning Trade and Business and that the Sum of Two Hundred pounds given by James Chorleton your Oratrix’s Father should be added to and become part of
9. the said Joint Stock And that then upon the said Richard Barlow the Son your Oratrix's late Husband should have one Moiety or half part of the said joint stock and of all the Profits and increase of joint trade and partnership And your Oratrix further sheweth unto your Lordship that the said Richard Barlow
10. your Oratrix's late husband did accordingly enter into partnership in the said Tanning trade with the said Defendant Thomas Barlow his father and that the stock in hand of the said Defendant Thomas Barlow at that time was of the Value of One thousand two hundred pounds and upwards and your Oratrix further sheweth
11. unto your Lordship that upon or Immediately after the said Defendant Thomas Barlow entering into Copartnership with the said Barlow your Oratrix late husband as aforesaid the said James Chorleton your Oratrix’s late father paid unto the said Richard Barlow your Oratrix’s late Husband the Sum of One hundred
12. and twenty pounds which was immediately placed by him and made part of the said Joint Stock And the said James Chorleton dying some short time afterwards that is to say on or about the fourteenth day of June in the year of our Lord One Thousand Seven hundred and fifty three did in and by his last Will and Testament
13. give and bequeath unto your Oratrix the further Sum of Eighty Pounds which Sum was soon afterwards paid into the hands of the saaid Richard Barlow your Oratrix's late Husband and by him paid into and made part of the said Joint Stock or Partnership And your Orators and Oratrix further sheweth unto your Lordship that
14. the said Defendant Thomas Barlow and your Oratrix's latehusband carry'd on the said Trade or business of a Tanner in Copartnership as aforesaid for the space of nine or ten years and until the time of the death of the said Richard Barlow your Oratrix's late Husband which happn'd on or about the Nineteenth day of June
15. in the year of our Lord One thousand Seven hundred and sixty one and during all that time carry'd on the said trade in a flourishing and succesful manner and greatly increased their Capital and your Oratrix frequently enquiring of her said late Husband how the trade or partnership went on he often acquainted her that things
16. went on very well and that his share and interest in the said Joint Stock or partnership was worth six or seven hundred pounds at the least And your Orators and Oratrix further sheweth unto your Lordship that the said Richard Barlow your Oratrix's late Husband did on or about the Eleventh day of June in the
17. year of our Lord One thousand Seven hundred and sixty one duly make and publish his Last Will and Testament [?] of the date aforesaid whereby [?] he directed that his Executrix and Executors thereafter named should as soon as conveniently might be sell all his Stock part and share in the
18. Tanning Trade or Business which he had in partnership with his ather if he should be willing to purchase the same and to accept of and take his Bond for the money the same should amount to the Interest of which money he did thereby will and direct should be apply'd in the maintenance education and bringing up of his Wife and Children until they his said Children should severally attain to the age of Twenty one years or the second Marriage of his said Wife which ever should first happen [..]
And your Oratrix frequently apply'd as well to the Defendant Thomas Barlow as also to the said other Defendant John Barlow and to the said Richard Barlow the other Executor of the said Richard Barlow your Oratrix's late Husband to prevail upon them to have an Estimate taken of all the Stock in Trade and partnership between him the said Defendant Thomas Barlow and your Oratrix's said late Husband but could never prevail upon them to have such Estimate and Valuation taken nor to the knowledge or beliefs of your Oratrix ever made any preparation for the same except she has heard that the said Richard Barlow and John Barlow the Executors did soon after the death of the said Richard Barlow your Oratrix's said late Husband take a Walk into the Tan yard and there staid a few minutes but did not nor was it possible for them to take any value or estimate of the Stock in Trade in so short a time nor did they ever acquaint your Oratrix that they had ever taken any such Estimate or Valuation And your Oratrix being uneasy that no value or estimate was taken of the said Stock in Trade and the [?] for that she foundthe said Thomas Barlow frequently and from time to time kept selling off great quantity of the said Stock in Trade which would render the taking of such account more difficult if not impossible and that she was informed he was declining both in his business and credit she frequently and from time to time apply'd to the said other Defendant John Barlow to get such Account or Estimate taken who promised so to do but afterwards acquainted your Oratrix that he found it would exasperate his Father very much and make it worse for the Children and therefore he thought it matter of prudence to drop it And your Oratrix also apply'd to the said Defendant Thomas both by herself and by her Brother James Chorleton to have such value and estimate taken but he always refused or declined so to do And your Orators and Oratrix further show unto your Lordship that the said Richard Barlow the Uncle and Executor of the said Richard Barlow your Oratrix's late Husband [?] in his life time expressed great kindness and respect for the said Richard Barlow your Oratrix's late Husband and his Children and often in his life time declared that the said Richard Barlow his Nephew your Oratrix's late Husband and his Children should have all or the greatest part of his Effects at his decease And accordingly a little time before his death he duly made and published his Last Will and Testament in writing and thereby gave and bequeathed all or the greatest part of his personal Effects to and amongst your Orators and Oratrix the Widow and Children of the said Richard Barlow his Nephew But the said Richard Barlow the Uncle declining greatly in his health the said Defendant Thomas Barlow prevail'd upon him to come to his house and reside with him which he accordingly did to the time of his death which happen'd on or about the fifth day of January in the year of our Lord One thousand Seven hundred and Sixty five And the said Defendant Thomas Barlow having by that means got into his hands and possession the several writings and papers belonging to the said Richard Barlow the Uncle pretends he made no such Will or refuses to discover the same but sets up an old Will made about [illegible - but he basically gets an old will where everything goes to Thomas Barlow]
[charging that Thomas and John Barlow are attempting to 'defraud' them of their rightful share in both the estates of Richard Barlow and the uncle]
sometimes the said Defendant Thomas Barlow pretends that the Stock in Trade was very small not exceeding in the whole the Sum of Four Hundred Pounds Whereas your Oratrix expressly charges and so the [?] she hopes to prove [?] that the said Stock in Trade was of the value of One thousand three hundred pounds and upwards and that the said Defendant Thomas Barlow was so sensible thereof that soon after the death of the said Richard Barlow his Son [...] he the said Defendant Thomas Barlow did admit and acknowledge that your Oratrix's said Husband had from the time of his Marriage improved his Stock in Trade Two hundred pounds or more And that his share [the son's] in the Tan Yard was worth Six Hundred pounds
[Thomas Barlow 'pretends' that there were a number of large debts owing on the business which he advanced out of his own pocket - they accuse him of producing debtor notes from his 'confederates']
and your hath often heard the said Richard Barlow her late Husband Declare that they never borrow'd any Sum of money or other thing [??] and Defendant John Barlow but what they paid him back again And your Orator and Oratrix expressly charge that all the Deeds and Writings and all the Bills Notes Receipts and Vouchers belonging to or paid by the said Copartners [...] were lodged in the hands of the said Defendant Thomas Barlow
[they claim that they are forging these debts in order to lessen Mary Barlow et al's share of the business stock]
[most of this is now repetition but the images are also rather confusing]