This is the last Will and Testament of me Frederick Keeton of Mosbrough in the Parish of Eckington in the County of Derby. Sickle Manufacturer I bequeath unto my wife Mary Keeton, all the Linen China Glass Wines. and other consumable stores and provisions which shall belong to me at my decease and all the stock in Trade, goods, wares and merchandize which shall be in and about my Grocers and General provision shop, at the time of my decease absolutely. And I also bequeath unto my said wife absolutely the money payable at my decease by the two clubs of which I am a member. I devise the dwelling house and shop thereto adjoining and now used as a Grocer’s and General provision shop with the offices and appurtenances belonging thereto, at Mosbrough aforesaid now in my own occupation together with the use and enjoyment therein of the fixtures furniture, pictures prints plate and other household effects not hereinbefore bequeathed which shall be in or about the same at my decease to my said wife during her life and from and immediately after her decease. I devise and bequeath the same Dwelling house shop fixtures and household effects unto my sons William Keeton and Edwin Keeton their respective heirs, executors, and and administrators in equal shares as Tenants in common I devise and bequeath unto my said sons William Keeton and Edwin Keeton and Robert Fanshaw of Eckington aforesaid Nail Maker their heirs, executors, and administrators, all and singular the residue of my freehold and Copyhold property and all other my real estate whatsoever And also all my Trade or business except my said Grocery and General provision Trades) in which I shall be engaged at the time of my decease and good will thereof, and all machinery Tools and other effects belonging thereto, and all my goods, chattels, shares, monies securities for monies debts, and all and singular other my personal estate and effects whatsoever and wheresoever not hereinbefore bequeathed which I or any other person for my benefit shall be possessed of at the time of my decease. To hold all and singular my said real and personal estate unto and to the use of the said William Keeton Edwin Keeton and Robert Fanshaw their heirs executors, administrators and assigns according to the respective natures and qualities of the said premises, upon the Trusts and for the ends intents and purposes hereinafter declared that is to say. Upon Trust that the said William Keeton Edwin Keeton and Robert Fanshaw or the survivor of them, his executors or administrators or other the Trustees or Trustee for the time being of this my Will (hereinafter called my Trustees or Trustee) shall by and with and out of my said real and personal estate and trust premises carry on the trade or business (except the said Grocery and General provision Trade in which I shall be engaged at the time of my death, and with power to increase or abridge or relinquish the same business as they may consider most advantageous And I hereby authorize and empower my said Trustees or Trustee so long as my said Trade or business shall be carried on managed and transacted by them or him to enter into and execute all such acts deeds matters and things respecting my said business, as they or he may deem expedient, and to hire and employ all such shopmen servants workmen and others and allow them such sum and sums of money for their salaries, wages or there and payable at such times and in such manner as they may think And also to pay and allow to my said Trustees, William Keeton and Edwin Keeton such salaries or wages not exceeding thirty shillings per week as they my said Trustees or Trustee may think proper for their respective services, in my said Trade or business. And also to enter into all such contracts respecting my said Trade or business as they shall consider fit and to settle and adjust any accounts relating thereto, and to compound or compromise any debt or claims respecting my said Trade or business which may be owing to or from me or made against or in behalf of my said estate and to accept and take such security or to give such time for payment of any debt or claims and also to refer to arbitration or otherwise to adjust any question in dispute that may arise in respect to any debt or demand that may be claimed to be owing to or from me and generally to carry on manage and transact, my said Trade or business in the same manner as if they were solely interested therein And with further powers for my said Trustees or Trustee to invest so much of my said Trust monies as shall from time to time remain unapplied in the public funds or on Government or real securities or in any joint Stock Bank or Savings Bank in England and to vary the investment at their discretion for any other or others of such funds or securities And I declare that it shall be lawful for my said Trustees or Trustee notwithstanding any of the Trusts hereinbefore contained to raise any money which shall be requisite to carry on my said Trade or business or to meet the deficiency if any of my personal estate not hereinbefore specifically bequeathed to satisfy my debts and funeral and testamentary expences and the pecuniary legacies or charges hereinafter bequeathed, or charged by selling mortgaging or charging my real and personal estate or any part or parts thereof or by all or any of those means in such manner as my said Trustees or Trustee shall think expedient And I further declare that in case my said Trustees or Trustee shall deem it expedient to relinquish my said Trade or business then they shall sell and dispose of the same and the machinery tools and other effects relating thereto, and collect and get in my outstanding personal estate and wind up the affairs of the said Trade or business and shall invest the monies to arise therefrom, on such securities as are hereinbefore mentioned for investment of my unapplied Trust monies I declare that the receipts of my said Trustees or Trustee shall exonerate purchasers and others paying monies to such Trustees or Trustee by virtue of my Will from all liability in respect of the application thereof. And I hereby further direct and declare that my said Trustees or Trustee shall apply and dispose of the rents issues and profits of my said real estate, and the annual income of my said Trust premises, and the gains, and not profits to arise from my said Trade or business in manner next hereinafter mentioned (that is to say, to pay thereout and allow to my said Wife the Weekly sum of Ten shillings for and during the term of her natural life And after the decease of my said wife then to pay thereout the several Legacies hereinafter mentioned and at the times and in manner next hereinafter declared that is to say the sum of eighty pounds to each of my sons and daughters Henry Keeton Mary the wife of George Wade Frederick Keeton, John Keeton Mark Keeton, Hannah Keeton Charles Keeton, and Elizabeth Keeton to be vested in or paid to them on their severally attaining the age of twenty one years or marriage such several Legacies to be paid to my said sons and daughters by eight annual payments of Ten pounds each, until the whole Legacy of Eighty pounds each is thereby paid off and discharged the first of such instalments to each Legatee respectively to be paid and payable at the end of twelve calendar months after next after my said wife’s decease. And I hereby authorize my said Trustees or Trustee for the time being to invest the presumptive shares or such part thereof as they may respectively receive or have in hand of any of the before mentioned Legatees who may be under the age of twenty one years, on such securities as are hereinbefore mentioned for investment of my unapplied trust monies, and to vary such securities and to apply so much of the income or any portion of the principal of the presumptive shares of any such Legatee for his or her maintenance education or advancement, in the World as they my said Trustees or Trustee may think proper. But in case of the death of any of my said sons and daughters before their respective shares shall become vested or payable then my said Trustees or Trustee shall receive and stand possessed of their respective shares. In Trust to pay the annual income of the residue then remaining unpaid of such respective shares of my said sons unto the respective wife of him or them surviving and subject thereto In Trust as to the principal of such shares or residue thereof then remaining unpaid for the child or children of them so dying respectively in equal shares as tenants in common such child or children taking the share their respective parents would have done if living And in case any of my said sons or daughters shall die under the age of twenty one years and unmarried then In Trust for the other or others of my said son and daughters and their issue living at the respective decease of any of my said sons and daughters equally to be divided between them as Tenants in common yet so that the issue shall participate only as representing their deceased parents. And as to the residue and remainder of my said real and personal estate and Trust premises. I devise and bequeath the same unto my said sons William Keeton and Edwin Keeton as Tenants in common their respective heirs, executors, and administrators I devise all estates vested in me as Trustee or Mortgagee to the said William Keeton and Edwin Keeton and Robert Fanshawe their heirs and assigns subject to the equities affecting the same respectively. I declare that if my said Trustees hereinbefore named or any or either of them or any Trustees or Trustee to be appointed under this clause shall die or be unwilling or incompetent to accept or execute the Trusts of my Will it shall be lawful for my wife whether covert or sole, and after her death for the competent accepting Trustees or Trustee for the time being if any whether retiring from the Office of Trustee or not or if none for the executors or administrator of the last deceased Trustee to substitute by any writing under their or his hands or hand any person or persons in whom alone or as the case may be jointly with any surviving or continuing Trustees or Trustee my Trust estate shall be vested And I declare that the Trustees or Trustee for the time being of my Will shall be competent to exercise all the powers and discretions hereby confided to the Trustees herein named. And I further declare that the Trustees for the time being of my Will shall not be answerable for each others acts or receipts nor for losses happening without their own respective default, and shall be at liberty to retain and allow to each other out of the respective trust moneys all expences incident to the execution of the Trusts of my Will. And I hereby appoint the said William Keeton, Edwin Keeton, and Robert Fanshawe joint executors of this my will and revoking all former Wills and Codicils do hereby declare this to be my last Will and Testament. In Witness whereof I have hereunder set my hand and I have also set my hand to each of the three preceding sheets of this my Will this twenty sixth day of January in the year of our Lord One thousand eight hundred and sixty
Frederick Keeton
Signed published and declared by the said Frederick Keeton the testator 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 hereunto subscribed our names as witnesses — Alfred Alderton Sol Eckington. Derby. George Booth. – Innkeeper Mosbro. Derbyshire
Proved on the 9th March 1860 by the oaths of William Keeton and Edwin Keeton the sons of the deceased and Robert Fanshaw (in the Will written Fanshawe) the Executors therein named, in the Will Effects under £800 Probate extracted by Alfred Alderson Sol. Eckington