John, the father, died Jun 19, 1823 in Blackburn, as reported in the
Blackburn Mail Newspaper on Jun 25,1823. The paper reads as follows.
"Died, On Thursday last, aged 63, Mr. John Makinson, grocer of Grimshaw
Park."
John made his will on the 26th day of May 1823, a few weeks before his
death. This will was probated on the 20th, Nov 1823. In his will all of the
children are mentioned except Thomas who died earlier on the 9th day of Jan
1823. It is especially interesting that John mentions in his will that his son
"John, of Manchester, Attorney at Law in the County", is to be one
of his executors. This bit of information led to another line in the
family tree
Thomas's will reveals that he was an attorney as was his brother Joseph.
Data from the Law Society of London verifies this to be a fact.. Thomas
mentions in his will his father, John of Blackburn, and his brother John, an
attorney in Manchester who he lists as his executor.
William's will made in 1854 mentions his brother John, in Manchester and
his nephew Thomas. This nephew was son of John, the attorney, and his son
Thomas was an attorney also.
A family tree passed down through the family has some known errors
pertaining to some of the names on the tree. On the Makinson side of the
family the 3rd great grandfather is listed as Evan Makinson, and as having
seven sons as follows: Charles-army, James-Navy, Evan-Minister,
William-Barrister, Joseph-Barrister, Thomas-Barrister and George-Barrister.
No mention is made of the girls in the family , Elizabeth, Margery, or of
John and Titus, etc. John's son, whom I will call, John of Manchester, had a
son named Charles. Otherwise where would Charles come from? I can find no
record of a Barrister named Evan listed in the Law Society records in England.
Matter of fact these men were all Attorneys and not Barristers according to
the record.
Later we will read that the 1850 census of Missouri lists George Makinson
as a Lawyer, however, when he was in England, before coming to the USA, his
occupation was listed as Grocer according to information in the baptismal
record of Sarah Crowther Makinson in Manchester Cathedral on June 15,1840
given to me by the Manchester Family History Society. This is confusing since
his father was a grocer, and the Law Society does not indicate that he
practiced Law in England. In the Blackburn directory of 1834 listed under
Attorneys is George Makinson of Suddell St. and his brother Joseph Makinson at
9 King St.
Will of John Makinson of Blackburn (3rd great
grandfather)
This is the last Will and Testament of me John Makinson the elder of
Grimshaw Park within Blackburn in the County of Lancaster Shopkeeper. First I
order and direct all my just debts funeral expences and the charges of the
probate of this my Will to be paid by my Executors hereinafter named out of my
personal Estate immediately after my decease. Then I give and devise and
bequeath unto my friend Roger Forrest of Blackburn aforesaid Cotton
Manufacturer and my son John Makinson of Manchester in the said county
Attorney at Law their heirs executors administrators and assignees all
that my Messuage Farm and Tenement situate in Millor in the said county also
the buildings, lands, grounds, and appurtenances thereto belonging as now
occupied by Thomas Parker and also all these my Messuages cottages or dwelling
houses thereto belong situate and being in Grimshaw Park and Blackburn
aforesaid or elsewhere in England together with all my household goods and
furniture and other my real and personal estate and effects whatsoever to hold
the same and every part thereof unto the said Roger Forrest and my son John
Makinson their heirs executors administrators and assignees for ever upon the
trusts and for the ends intended and purposes following that is to say, Upon
trust to permit and suffer my dear wife Betty Makinson to hold and enjoy the
whole of the said household furniture and the said hereditament and premises
and receive the rents and profits thereof to her own use paying thereout the
yearly interest of the mortgages taxes repairs and other expences attending
the said premises for and during the term of her natural life if she so long
continue my widow but not otherwise. And after the decease or second marriage
of my said wife their upon trust that they my said trustees shall and do sell
and dispose of all my said Estates Messuages or Dwelling houses Lands and
Premises so devised to them as aforesaid together with the said household
furniture and other effects to the best advantage and either by public or
private sale and shall and do out of the money arising therefrom in the first
place pay off all mortgages and other encumbrances upon my said hereditaments
and Premises and pay and divide the residue of the money arising by such sale
in nine equal shares amongst my sons and daughters viz; one share thereof unto
my son William, another share thereof unto my daughter Margery, another share
unto my daughter Elizabeth, another share unto my son John, another share unto
my son Joseph, another share unto my son James, another share unto my son
Evan, another share unto my son George and the remaining share unto my son
Titus and to their several and respective legal representatives. And I direct
that my said trustees shall call in all monies due to me upon security or
otherwise and the money coming to their hands to place out at interest on good
security and pay the interest to my wife during her life or widowhood and
afterward divide the same equally amongst my children according to the true
intent and meaning of this my will. And I give all the rest residue and
remainder of real and personal Estate and effects not before disposed of unto
and equally amongst my sons and daughters and their respective heirs executors
administrators and assignees forever after the decease or marriage of my wife.
And whereas several of my children are indebted unto me in various sums of
money as appears by the accounts in the possession of my said wife viz: my
sons William fifty two pounds seven shillings and ten pence, John twenty five
pounds eleven shillings and eight pence, Joseph forty six pounds fifteen
shillings, James thirteen pounds five shillings, Evan twenty four pounds
nineteen shillings and eleven pence, and my daughters Margery twenty pounds
and Elizabeth six pounds four shillings. Now I do direct that the several sums
of money last mentioned together with such further sum or sums of money as I
may hereafter advance and lend to any of my said children over and above the
sums last mentioned and of which my said wife shall give an account to my
executors shall be deducted from the respective shares which they my said
children may entitled to under or by virtue of this my will and that balance
of the shares remaining due to them respectively after such deductions shall
be paid to them and no more and if the money already or hereafter to be
advanced to any of my said children shall exceed the amount of their
respective shares that then they shall not be entitled to anything under or by
virtue of this my Will provided nevertheless that in case any of my said
children shall die without issue their respective share or shares under this
my Will shall go to and be divided among the survivors of them equally, but if
the children dying leave issue then such issue shall be entitled equally to
their respective parents share or shares and the same shall be laid out by my
said trustees in the maintenance and bringing up of such children respectively
and I do further direct and declare that upon any sale or sales to be made by
my trustees in pursuance of this my Will they the said Roger Forrest and John
Makinson or the survivors of therein his heirs or the assignees only shall be
competent to give a good title to nay purchaser or purchasers of my said
hereditaments and premises and to grant convey assign and assure the same to
any purchaser or purchasers thereof respectively without any other of my said
children joining in such conveyance or assurance and that the receipt or
receipts of my said trustees or the survivors of them his heirs ore assignees
shall be sufficient discharge to any purchaser or purchasers of the said
hereditaments and the premises and such purchaser or purchasers shall not be
obliged to see to the application of the purchase money or any part thereof or
be in any manner accountable for the loss or misapplication thereof and I
further direct that my said Trustees shall not be answerable for any loss that
may happen (without their default) to my estate nor for more money that they
shall severally receive nor for the acts receipts or defaults of each other
and that they shall be satisfied out of my Estate all reasonable expences for
their trouble concerning the trusts of this my Will. And lastly I appoint my
dear Wife Betty Makinson Executrix and the said Roger Forrest and my son John
Makinson Executors of this my will hereby revoking all former Will or Wills by
me made In writings whereof I have hereunto set my hand and seal the twenty
sixth day of May in the year of our Lord one thousand eight hundred and twenty
three.
The mark and Seal of
John Makinson the Elder
Signed sealed published and declared by the said John Makinson the Elder
the Testator as and for this last Will and Testament in the presence of us who
in his presence at his request and the presence of each other have subscribed
our names as Witnesses hereto-
James Whalley
Thomas Aspden
Ann Hairworth
he twentieth day of November 1823 Roger Forrest & John Makinson the
surviving Executors in the Will names were sworn in common form & they
further made out that the personal Estate & effects of the Testator within
the Diocese of -histee were under the value of 200 Pounds before me.
W Backhouse
Surrogate
The Testator died the nineteenth day of June 1823
Probate issued
Dated 20th Nov.1823
WILLIAM MAKINSON-COUNTRY ATTORNEY FROM WIGAN LANCASHIRE
I have no direct evidence to prove that this man is a relative but from the
data, it is likely that he is a brother or cousin to the John Makinson we just
mentioned. The law lists show a William Makinson as a country attorney living
in Wigan, who had a London agent by the name of Barrett in 1801. After that,
no further entry in Wigan, but showing William practicing law in London and
the name of the firm in London includes the name of Makinson until 1833. Five
brothers practiced law, John, Thomas, Joseph, George, and Titus Makinson, and
they are the sons of John Makinson and Elizabeth Marsden of Blackburn.
Documents show that this William Makinson of Wigan, and later of London, as
the agents in London for brothers Thomas, Joseph and John whose practices
started much earlier than George and Titus's. Wigan is within 15 miles of
Blackburn. William, received his first articles of entry to law practice on
Dec. 10, 1799 in Preston, Lancashire
The question that begs answering is how the sons of John Makinson came to
study and practice Law? Their father was a grocer, and usually men learned the
practice of law through an apprenticeship to a Lawyer. Another point is that
one of John's sons named William, would have only been 16 years old when the
Attorney William entered into law practice. I look to the reader for help to
solve this mystery.
Top of Page Next
Page Histories
Menu
