James Atkinson 1778 - 1859

Go to Atkinson Family Tree at the bottom of the page

Leeds Times 29 August 1857

TO BE LET, TWO extensive MILLS, with water and steam-power. The above are eligibly situated on the River Aire, upon the site of the Hunslet Old Mills, and in the midst of a densely populated neighbourhood, and are adapted for any branch of manufacture. Apply to Mr. James Atkinson, Low-road, Hunslet; or to Mr. Isaiah Dixon, Architect, 4, Park-row, Leeds.


Leeds Times 15 October 1859

On Sunday, aged 76, James Atkinson, Esq., of Hunslet

The National Probate Calendar 5th December 1859

The Will of James Atkinson late of Hunslet in the parish of Leeds in the county of York, Gentleman deceased who died October 1859 at Hunslet aforesaid was Proved at Wakefield by the oaths of John Smith, Leeds aforesaid Banker and John Shackleton of the same place Gentleman the surviving executors. Effects under £18,000. Hand written note: resworn at the Stamp Office January 1864 under £20,000.

James Atkinson 1859

This is the last Will and Testament of me James Atkinson of Hunslet in the Parish of Leeds in the County of York Gentleman Whereby I direct in the first place that all my just debts funeral and Testamentary expences and legacies hereinafter mentioned be paid by my executors hereinafter named out of my personal estate I give and devise All that messuage or dwelling house wherein I now reside with the garden outbuildings and appurtenances thereto adjoining and belonging Also all that close of land in front thereof and containing about three acres be the same more or less Also all those my parts shares and proportions of and in the Hunslet Mills and Knostrop Mills respectively with the rights members privileges and emoluments whatsoever arising out of the same and particularly my Tolls and Mill Rights in the River Aire and the Navigation thereof Also all those my shares in the Aire and Calder Navigation Company and in the Mills weirs Mill Races Goits wharves and other privileges and appurtenances thereto belonging and now or at any time hereafter to be occupied and enjoyed therewith unto John Smith of Leeds aforesaid Banker William Whitehead of the same place Borough Treasurer and John Shackleton of the same place Gentleman their heirs and assigns To the uses and upon the trust hereinafter expressed concerning the same (that is to say) To the use of my great nephew John Jepson Wilkinson son of my late nephew William Atkinson Wilkinson and his assigns during his life without impeachment of waste and after the determination of that estate by forfeiture or otherwise in his lifetime To the use of the said John Smith William Whitehead and John Shackleton and their heirs during the life of the said John Jepson Wilkinson In Trust for him and by the usual ways and means to preserve the contingent remainders hereinafter devised And after the decease of the said John Jepson Wilkinson To the use of the first and every other son of his body severally and successively according  to their respective seniorities in tail male and in default of such issue To the use of all and every the daughter or daughters of the said John Jepson Wilkinson lawfully begotten to be divided between or amongst them if more than one in equal shares as tenants in common and the heirs of the respective bodies of all and every such daughters or daughter issuing And in case there shall be more than one such daughter of my said great nephew John Jepson Wilkinson entitled or inheritable as aforesaid and there shall be a failure of issue of any one or more of them then as well the original share or shares of the daughter or daughters so dying and whose issue shall fail as the share or shares which shall have survived or accrued due to such daughter or daughters To the use of all and every other the daughters and daughter of the said John Jepson Wilkinson to be divided  between or amongst them if more than one in equal shares as tenants in common and the heirs of their respective bodies issuing And if all the said daughters of the said John Jepson Wilkinson save one shall die without issue or there shall be but one such daughter then as to the entirety of my said messuage mills tenements hereditaments shares and premises hereinbefore devised To the use of such one or only daughter and the heirs of her body issuing and in default of all such issue then and in such case I will and direct that the same shall fall into and become part of the residue  and remainder of my real and personal estate next hereinafter devised and be disposed of accordingly Provided always and I do  hereby declare my will and mind to be that my said great nephew John Jepson Wilkinson and every person who by virtue of the limitations hereinbefore contained or of this proviso shall become entitled to the possession or to the receipt of the rents and profits of the said messuage mills lands tenements hereditaments shares and premises hereinbefore devised shall and do within the space of one year after they respectively shall become entitled to the possession or to the rents and profits of the same as aforesaid take upon him and them respectively and use in all deeds letters accounts and other writings to or in which they respectively shall be party or parties or which they respectively shall sign the surname of “Atkinson” only and take and use no other surname and quarter the arms of “Atkinson” with their own respective family arms and also shall and do within the space of one year next after they respectively shall attain the age of twenty one years and so become entitled as aforesaid apply sue for and endeavour to obtain an Act of Parliament or a proper licence from the Crown or take such other means as may be requisite or proper to enable or authorise him or them respectively to take and bear the said surname and arms and that in case any such person or persons shall refuse or neglect to take such surname and arms and to take or use the steps or means which shall be requisite or proper to enable or authorise him or them so to do within the said space of one year then the limitation hereinbefore contained of the said messuage mills lands tenements hereditaments and premises to the use of him her or them so refusing or neglecting shall cease determine and become utterly void I give devise and bequeath all my messuages lands tenements and hereditaments Also all my capital mortgage and other debts shares in public Companies stock funds and securities And all other the rest residue and stocks funds and securities And all other the rest residue and remainder of my real and personal estates of which I may die possessed of or entitled to (and not hereinbefore devised) with their and every of their rights members and appurtenances also all estates vested in me as mortgagee trusted or otherwise according to the equities affecting the same unto the said John Smith William Whitehead and John Shackleton their heirs executors administrators and assigns according to the natures and tenures thereof Upon trust that they the said John Smith William Whitehead and John Shackleton and the survivors and survivor of them and the heirs executors and administrators of such survivor do and shall at such time and times as they shall deem most prudent or advisable after my decease convert such part or parts of my said real and personal estates as shall not consist of money or securities for money into specie or permit the same to remain upon the present investments and securities at their direction And do and shall lay out and invest the same upon real or Government securities and stand possessed thereof and of such securities and estates as shall not be converted or disposed of as aforesaid and all other the monies which shall come to their hands under the trusts of this my Will in trust for and to and for the use and benefit of all and every the children of my late nephew William Atkinson Wilkinson and all and every the children already born or hereafter to be born of my niece Sarah the wife of Thomas Bailey to be divided equally amongst them share and share alike to whom I give and bequeath  the same accordingly and to be paid and payable to them respectively at their respective ages of twenty one years Provided always and I do hereby will and declare that in case any of the children of my said nephew and niece shall happen to depart this life under the age of twenty one years leaving lawful issue them him or her surviving then in such case the share or shares as well original as accrued of the child or children so dying of and in the said principal trust estates monies and premises shall go to and equally amongst such issue if more than one and if but one then the whole to that one or only child to and for him and her own absolute use Provided also and I do hereby further will and declare that in case any of the children of my said nephew or niece depart this life under the age of twenty one years without leaving lawful issue them him or her surviving then and in such case as well the original share or shares of the child or children so dying as the shares which by virtue of this present proviso shall have survived to accrued to him her or them of and in the said principal trust estates monies stocks funds and securities shall go and remain and be to the other or others of the said children of my said nephew and niece in equal shares as tenants in common to whom I bequeath the same accordingly Provided also and I do hereby further declare that during such time as the children of my said nephew and niece respectively or any of them shall be under the age of twenty one years they my said trustees or the trustees for the time being shall receive the interest and dividends of the share to which such child shall be for the time being entitled under the trusts and provisions hereinbefore declared and contained and apply the same or so much thereof as they shall deem necessary for or towards his or her maintenance education and advancement or otherwise for his or her benefit Provided also and I do hereby declare that the share or shares of my said great nieces shall for their own sole and separate use and benefit independently of and not subject to the debts control or engagements of any husband or husbands with whom they or any of them may intermarry and that their receipts alone notwithstanding coverture shall be a sufficient discharge to the trustees for the time being of this my Will Provided also and I do hereby further declare that the receipt or receipts of my said trustees and the trustees for the time being for any monies payable to them under the trusts of this my Will shall be a sufficient discharge to the person or persons paying the same and that such person or persons shall not afterwards be liable to see to the application thereof or any part thereof Provided also and I do hereby declare that if the trustees appointed in this my Will or to be appointed as hereinafter is mentioned or any of them or their or any of their heirs executors administrators and assigns shall happen to die or be desirous of being discharged from or refuse or decline or be incapable to act in the trusts hereby in them respectively reposed as aforesaid before the said trusts shall be fully executed then and in such case and when and so often as the same shall happen it shall and may be lawful to and for my said trustees or the survivors or survivor of them or the executors or administrators of such survivor by any deed or deeds instrument or instruments in writing to be by them him or her sealed and delivered in the presence of and attested by two or more creditable witnesses from time to time to nominate substitute or appoint any person or persons to be a trustee or trustee in the stead or place of the trustee or trustees so dying or desiring to be discharged or refusing declining or becoming incapable to act as aforesaid And when and so often as any new trustee shall be nominated and appointed as aforesaid all the trust estates monies and premises the trustee or trustees whereof shall so die or desire to be discharged or refuse or decline or become incapable to act as aforesaid shall be thereupon with all convenient speed conveyed and transferred in such sort and manner and so as that the same shall and may be legally and effectually vested in the person or persons so to be appointed as aforesaid either solely or jointly with the surviving or continuing trustee or trustees as occasion shall require To the uses and upon and for the trusts intents and purposes hereinbefore expressed and declared of and concerning the said trust estates monies and premises or such of them as hall be then subsisting undetermined and capable of taking effect and the person or persons so to be appointed as aforesaid shall have all the powers and authorities of the trustee or trustees in whose room he or they shall be substituted Provided always and I do hereby further declare that the said several trustees hereby appointed and to be appointed as aforesaid and each and every of them and the heirs executors administrators and assigns of them each and every of them shall be charged and chargeable respectively for such monies only as they respectively shall actually receive by virtue of the trusts herby in them reposed notwithstanding their or any of their giving or signing or joining in giving or signing any receipt or receipts for the sake of conformity and any one or more of them shall not be answerable or accountable for the others or  other of them or for involuntary losses And also that it shall and may be lawful for them with and out of the monies which shall come to their respective hands by virtue of the said trusts aforesaid to retain to and reimburse themselves respectively and also to allow their respective co-trustees or co-trustee all costs charges damages and expenses which they or any of them shall or may suffer sustain expend disburse be at or be put unto in or about the execution of the aforesaid trusts or in relation thereunto And I do hereby revoke and make void all former Wills and Codicils by me at anytime heretofore made and do declare this and the six preceeding sheets of paper to be and contain my last Will and Testament of which I nominate and appoint the said John Smith William Whitehead and John Shackleton joint Trustees and Executors and to each of whom I bequeath a legacy of nineteen pounds nineteen shillings as a small token of my esteem In witness whereof I have to this and the six preceeding sheets of paper set my hand this sixteenth day of February in the year of our Lord one thousand eight hundred and fifty six –Jas Atkinson Signed by the said Testator as and for his last Will and Testament in the presence of us present at the same time who in his presence at his request and in the presence of each other hereunto subscribed our names as witnesses – John Shackleton Jr Jno M. Briggs Clerks to the said John Shackleton

Proved on the 5th day of December 1859 by John Smith and John Shackleton the surviving Executors
Effects under £18,000
Testator died 9th October 1859

Leeds Intelligencer Monday 20 April 1818

To be SOLD, or LET, by PRIVATE CONTRACT.
THREE good FIELDS of MEADOW LAND,
containing Eight and a Half Acres situate in Hunslet Lane, near the First Toll Gate, Leeds
Apply to Mr James Atkinson, the Owner, Hunslet

Leeds Mercury Saturday 12 March 1825

Same day, aged 94, Mr James Atkinson, formerly a cloth manufacturer, of Hunslet, and father of John Atkinson, of the Black Lion Inn, in this town.

Leeds Intelligencer Thursday 06 January 1831

POOR RATE APPEAL.

THE UNDERTAKERS OF THE AIRE AND CALDER NAVIGATION,
Appellants; THE OVERSEERS HUNSLET,
Respondents. Mr. MAUDE, Mr. P. HEYWOOD, and Mr. DUNDAS, were counsel for the appellants. Attornies, Messrs. Hailstone and Thompson. Mr. BLAKEBURNE, and Mr. HALL appeared for the respondents. Attornies. Messrs. Bloome and Gatlilf.
Mr. BLACKBURNE for the respondents, put in the contested rate:
Mr. MAUDE, on the other side, said that this was an appeal the undertakers of the Aire and Calder Navigation against the Hunslet poor rate, and the rate appealed against was to this effect— " Owners and occupiers—the Aire and Caldar Company, and James Atkinson, Esq.;—premises—fulling mill, scribbling mill, corn mill, and tolls receivable in respect of them ;—valuation—£110. 9s. 6d„— rate—£27. 12s. 4½d." These mills, he (Mr. Maude) understood, were the joint property of the Aire and Calder Company and Mr. Atkinson; they were not in the hands a tenant ; there was no beneficial occupation of them ; they were not yielding a farthing in Hunlet either occupier or to the owners. Why then were they rated, it would be asked, when they were not yielding anything in the township of Hunslet, in which they are situated There is a clause the act of Parliament, 14th George III., cap. 96, sec 77, to the following effect:—"And to the end that a full compensation may be made the several owners, proprietors, and occupiers of the several mills called Nether Mills, Hunslet Mills, New Mills, Thwaite Mills, and Fleet Mills, now standing and being upon the said river Aire, for all loss and damage which may be occasioned the making, deepening, or altering any cuts, dams, locks, or other works of navigation, and the passing boats and vessels by mills, be it further enacted, that it shall and may be lawful for owner, farmer, or occupier of every of the said mills, called Nether Mills, Hunslet Mills, New Mills, and Thwaite Mills, respectively, for the time being, to demand and take for his own proper use, of the master, owner, or person entrusted with the care of every boat, barge, lighter, other vessel passing up or down the said river with any goods, wares, merchandize on board, for which any tonnage, rates, or duties shall be payable by virtue hereof, the sum one shilling a passage toll for passing the lock or locks next adjoining to the pond or head of water belonging to such mill, for the loss of water to every mill or pond respectively." From this it would seen that for every laden boat going up or down there should be payable in respect thereof the sum of one shilling as passage toll for passing the lock or locks next adjoining to the pond head of water belonging to each of the mills enumerated. Now the lock at which the toll was taken for this mill in Hunslet, was situate in the township of Leeds, so that the tolls which became due, was payable and actually collected in the township of Leeds, and not in Hunslet; and therefore, he (Mr. Maude) would contend that if that passage toll was liable to be rated all, the township of Hunslet was not entitled to rate for it. He had no doubt that the toll which was taken was given to compensate the mill for depriving it of the water drawn off by the passage of the vessel, yet he would contend that it did not give his learned friend (Mr. Blackburne) a title to rate it as a profit arising in the township Hunslet.
RECORDER.—l suppose the head of the dam is in Hunslet.
Mr. MAUDE.— I do not know; I believe part is in Leeds and part in Hunslet.
Mr. MAUDE submitted that the toll was payable and collected in the township of Leeds, and therefore if rateable anywhere was rateable in the township of Leeds and not in the township of Hunslet. There was no beneficial occupation of the property in Hunslet, and therefore he contended that if the subject matter for which they were rated was rateable at all it was not rateable in the township of Hunslet. RECORDER. —If a part of the pond or head of water is in Hunslet, they are entitled to rate a portion of the toll.
Mr. BLACKBURNE said the facts admitted by the appellants were that the mill was in Hunslet and that it was not occupied, though that in point law was not so, for if there was a vacant occupation he might go and knock the mill down and there would be no ground for an action of trespass. If it were not occupied they would be bound to restore back the toll that had been taken during the time there was no occupancy. That being so, why was the toll authorised be taken? Was it on account of the boats or vessels passing the lock No; but because the water taken away from that mill by the passing of the vessels through the lock rendered the mill of much less value than it would be if the water were not thus drawn off. If the water passed down to the mill it would increase its value and render it liable to be rated at a greater sum. What does the act say? Because certain persons were about to do acts that might render that mill less valuable they would take care that if they did those acts the mill should not be rendered less valuable; but they would make recompense, which should be estimated by the number of vessels passing through a certain lock. Therefore as far as regarded vessels passing through the lock it might be called a passage toll; yet it was not a passage toll in fact, but, for the persons receiving it were concerned, it was a compensation given for the injury done to the mill drawing the water off. Suppose this had been the case of a private individual instead of the Aire and Calder Company, and suppose he had said to the owner of the mill, " I want to take that water, but I have right to take it without your leave. If you will let me take it I will give yon twenty pounds a year." Now, because that person paid the money in Leeds instead of Hunslet, was it not to be rated in Hunslet If a person brought vegetables to Leeds to sell which were grown Hunslet, was he to be rated in Leeds or Hunslet Why, in Hunslet, certainly, where the goods were produced. He is to be rated in the place that produces the profit.” The passage toll was nothing more than a medium by which the person who was owner or occupier of the mill was to ascertain when, where, and how his compensation was to be received; how the actual depreciation of the mill was to be ascertained. Tolls psr se not rateable. Passage tolls, therefore, would not be rateable, but if they could add something else; if they could put to them the occupation of land, then they could touch the tolls and make them rateable. As far regarded the river they are not rateable, but wherever they could get a lock or any freehold attached to them, they became liable, and in this case it was by virtue the ownership and occupancy of this mill that the passage tolls were received and receivable, and thus rendered liable to be rated.
RECORDER.—There can be no doubt that that the case, upon this statement the facts.
Mr. BLACKBURNE.— Well, then, if you have no doubt about it, I need not proceed any further. RECORDER. —That is my impression.
The several Magistrates on the Bench expressed their concurrence in that opinion, and the rate was confirmed.

Leeds Times Thursday 21 March 1833

VALUABLE FREEHOLD ESTATE AT HUNSLFT.

TO be SOLD by AUCTION, by Mr. John Holmes, on Tuesday, the Second Day of April, 1833, at the House of Mr. Wm. Varley, the Saddle Inn, in Briggate, in Leeds, at Five o'Clock in the Afternoon, subject to such conditions as will be then and there produced,

A very valuable Freehold MESSCAGE & DWELLING HOUSE, most eligibly situate at Hunslet, in the parish of Leeds aforesaid, with the Glue Shade, Stable, Outbuildings, and other Appurtenances to the same belonging; together also with 7721 SQUARE YARDS of LAND adjoining, a considerable part of which is well adapted for Building purposes, and possesses a frontage of 170 Yards to the Leeds and Wakefield Turnpike road, and the remainder of the Land is immediately contiguous, and also near or adjoining to which, the Proprietors of the Aire and Calder Navigation are about, it is understood, to make a new canal, which will in all probability greatly enhance the value of this Property. The House, Glue Shade and Stable contain a scite of 343 Square Yards,
This Estate is well worthy the attention of any person wishing to embark in the Glue Business, upon which it has been carried on for a great number of years by the late Mr. James Aspin, Jun. and Messieurs James Aspin and Son, or it might be easily converted into a Tan or for any other Purposes, where Room and Convenience are required.

Immediate Possession may be had.

Mr. James Atkinson, who will be found on the Premises, will shew the Estate, and for further particulars apply to Mr. Samuel Maltby, Plumber, Kirkgate, Leeds, or to Messrs. Bloome and Gatliff, Solicitors, 15, Commercial Street, Leeds, at whose Office a Plan of the Estate may be seen.

As a result of the final proving of this will, John Jepson, James Atkinson's great nephew, later of Cosgrove Priory, changed his surname from Wilkinson to Atkinson at the age of 16 by Queen's Grant in 1861.


Leeds Intelligencer 04 February 1860

MESSRS. HARDWICKS & BEST have received instructions from the Executors of the late James Atkinson, Esq., Hunslet, to Sell by Auction, on MONDAY the 20th Day of FEBRUARY INSTANT, at Residence, Low Road, Hunslet
ALL THE HOUSEHOLD FURNITURE AND EFFECTS,
Particulars of which will appear future Advertisements.



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