This is the last Will and Testament of me Edward Mark Lomas of Mosbrough in the Parish of Eckington in the County of Derby Mason I bequeath all the personal estate to which I shall be entitled at my decease unto my wife Martha Lomas for her life and after her decease unto my son Henry Lomas and my daughter Elizabeth Lomas equally to be divided between them, I devise all the real estate to which I shall be entitled at my decease unto my friends William Booth of the Ford in the said parish of Eckington Sickle Manufacturer and Robert Fanshaw of Eckington aforesaid Nail Manufacturer their heirs and assigns. Upon Trust to permit my said wife to receive and take the rents and profits thereof for and during the term of her natural life and after her decease. As to one undivided moiety of my said real estate. Upon Trust to empower my said son Henry Lomas for and during his life to receive the rents and profits thereof and after his decease In Trust for the child if only one or all the children if more than one of my said son who either before or after the determination of the previous trusts shall attain the age of twenty one years or marry and if more than one equally as tenants in common their respective heirs and assigns, with power for my trustees after the decease of my said son to apply the whole or part of the annual income of the share of each child, while such share shall be contingent, for his or her maintenance and education. And as to the remaining one undivided moiety of my said real estate upon such Trusts and with such powers in favor of my said daughter Elizabeth Lomas and her child or children as shall correspond with the preceding Trusts and powers in favor of my said son and his child or children. And I direct that on failure of the trusts of either moiety of my said real estate such moiety shall be subject to the Trusts and equities affecting the other moiety I declare that if my said Trustees or either of them or any person or persons to be appointed under this clause shall die or disclaim or be unwilling or incompetent to execute the Trust of my Will it shall be lawful for my wife and after her death for the competent Trustees or Trustee for the time being (if any whether refusing or retiring from the office of Trustee or not or if none for the Executors or administrators of the last surviving Trustee to substitute by any writing under her his or their hand or hands any fit person or persons in whom alone or as the case may be jointly with the surviving or continuing Trustee my Trust estate shall be vested. And the Trustee or Trustees for the time being of my Will shall be competent to exercise the powers and directions given to the Trustees herein named. And I exempt every Trustee of my Will from liability for losses occurring without his own wilful default and authorize him to retain and allow to his cotrustee all expenses incidental to the Trusteeship – I appoint my said wife Martha Lomas sole Executrix of this my Will Lastly I revoke all former and other Wills In witness whereof I have hereunder set my hand this twenty sixth day of March in the year of our Lord One thousand eight hundred and fifty seven
Edward Mark Lomas
Signed by the said Testator Edward Mark Lomas, as and for his last Will and Testament in the presence of us present at the same time, who at his request in his presence, and in the presence of each other, have subscribed our name as witnesses. Alfred Alderson, Sol Eckington Derbys: George Stevenson his Clerk
On the 9th April 1861. Administration (with the Will annexed, was granted to Henry Lomas, the son and Elizabeth Soar wife of George Soar, the daughter of the said deceased the Residuary Legatees named in the Will – Martha Lomas, Widow, the Relict of the deceased the sole Executrix and Residuary Legatee for life named in the said Will having survived the said deceased and since died without taking up probate of said Will Probate Extracted effects under £20 Thos Marshall Solr Sheffield.
The Mosborough One-Place Study 