This is the last Will and Testament of me George Hudson of Mosbrough in the Parish of Eckington in the County of Derby Gentleman I bequeath all the household furniture plate linen china and effects which I shall die possessed of and also all money which may be in my house and belonging to me at the time of my decease and all rents and interest money due and owing to me at my decease unto my dear wife Mary Hudson absolutely I devise all the real estate to which I shall be entitled at the time of my decease unto my Friends George Mullins of Mosbrough aforesaid and Job Limb of Brindsworth near Rotherham in the County of York Gentleman their heirs and assigns upon trust to pay the rents and profits thereof as and when the same shall become due unto my said wife Mary Hudson for the term of her natural life and after her decease to the use of the eldest of the sons of my nephew George Howe of Middleton Youlgreave living at the decease of my said wife his heirs and assigns for ever And as to the residue and remainder of my personal estate to which I may be entitled at the time of my decease I bequeath the same unto the said George Mullins and Job Limb their executors or administrators (hereinafter called my Trustees or Trustee) upon trust to collect and get in such part of my said residuary personal estate as shall consist of money and to call in sell and convert into money such part as shall not consist of money and to stand possessed of the monies so to arise from my said residuary personal estate upon trust in the first place to pay thereout all my just debts funeral and Testamentary expenses and all expenses incurred in the execution of the trust of this my will and in the next place to pay thereout the following Legacies that is to say the sum of One hundred pounds unto George Pearson the son of James and Hannah Pearson of Handley in the said County of Derby and if he shall die in my lifetime then to his executors and administrators to be disposed of as part of his personal estate. The sum of one hundred pounds unto and equally between all the children of my wifes sister Elizabeth Milner and the sum of one hundred pounds unto and equally between all the children of my wifes sister Sarah Goodwin and if any of such Children of my wifes said sisters Elizabeth and Sarah shall die in my lifetime then the share of such of them so dying shall be paid to the issue of any of such of them so dying but if no issue then to the respective survivor or survivors of such children The sum of One hundred pounds to John Martin Howe the son of my Nephew James Howe The sum of one hundred pounds to my wifes Niece Mary Kay Widow The sum of Fifty pounds to William Limb the son of my said Trustee Job Limb The sum of Fifty pounds to John Plant the son of Isaac Plant of Mosbrough aforesaid Collier The sum of fifty pounds each to Frederick Keeton William Keeton and Elizabeth Keeton three of the Children of my Friend Frederick Keeton the Elder but in case the said Elizabeth Keeton shall die in my lifetime then I give her said Legacy unto her mother Mary the wife of the said Frederick Keeton the elder absolutely The sum of One hundred pounds to be divided equally between Sarah and Margaret Jane the Daughters of my said Trustee George Mullins and in case either of them shall die in my lifetime then the whole shall be paid to the survivor of them. The sum of One hundred pounds to each of my nephews and neice John Lego Thomas Lygo Sampson Lygo and Hannah the wife of Thomas Lee children of my sister Hannah Lygo The sum of One hundred pounds to Elizabeth the Wife of Thomas Sutton of Sheffield Laborer and the sum of Two hundred pounds to be paid and divided into and equally between the two children of my niece Hannah Rogers But if they or either of them shall die under the age of twenty one years without having been married then I bequeath the share of them so dying as aforesaid unto the said Elizabeth the Wife of Thomas Sutton aforesaid her Executors administrators and assigns I empower my said Trustees or Trustee to apply all or any part of the yearly income to which under any of the bequests or dispositions hereinbefore contained, each or any infant Legatee shall be entitled towards the maintenance and education or otherwise for the benefit of such Legatee, during his or her minority And as to the surplus or residue of my trust monies to pay one moiety or equal half part thereof unto and equally between the child or children of my said Nephew George Howe who shall attain the age of Twenty one years or marry . And to pay the other moiety or half part thereof unto and equally between the children of my niece Elizabeth Sutton who shall attain the age of Twenty one years or marry And I direct my said Trustees or trustee to pay the income of the contingent share of each child of my said Nephew George Howe and my niece Elizabeth Sutton unto their respective parents, he she or they respectively maintaining their said children But in case of the death of the parents of such children respectively or their respective parents refusing or neglecting to maintain them then to apply the income or any part of the capital of the contingent share of each child of my said Nephew and niece in on towards their maintenance and education or setting up in the World. And I direct (but subject to the provision for advancement hereinbefore contained) my said Trustees or Trustee to invest so much of my said Trust moneys as shall from time to time remain contingent or unapplied in the public funds on government and real securities in England or in any joint stock Bank or Savings Bank in England with power to vary the investment from time to time for any other of the like nature. I devise all the real estate vested in me as Trustee or Mortgagee to the said George Mullins and Job Limb their heirs and assigns, subject to the equities affecting the same respectively I declare that if my said Trustees hereinbefore named or either of them or any Trustee 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 said wife and after her death for the competent accepting Trustees on Trustee for the time being if any whether retiring from the office of Trustee or not or if none for the executors or administrators 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 Trustee my Trust estate shall be vested, 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 expences incidental to the Trusteeship. And I appoint every the said George Mullins and Job Limb to be Executors of this my Will, and request each of them to accept a Legacy of Fifteen pounds as an acknowledgment for the trouble which they will have in the Execution of my Will. And Lastly I revoke all former Wills, in witness whereof I have hereunto set my hand and I have also set my hand to each of the three preceding sheets of this my Will this ninth day of January in the year of our Lord one thousand eight hundred and fifty eight – George Hudson – Signed by the said Testator George Hudson 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 names as Witnesses George Stevenson, Attorneys Clerk Eckington, Derbyshire – Ann Haywood, Mosber, Derbyshire
This is a Codicil to the last Will and Testament of me George Hudson of Mosbrough in the Parish of Eckington, in the County of Derby Gentleman which Will bears date the ninth day of January in the year of our Lord one thousand eight hundred and fifty eight whereas I have by my Wil made certain provision for my dear wife Mary Hudson and I am wishful to make a further provision for her in case of her surviving me Now I do hereby bequeath unto my said wife Mary Hudson an annuity or annual sum of Twelve pounds ten shillings sterling during her life by equal half yearly payments to be enjoyed by her in addition to the provision I have made for her in and by my said recited will the first payment thereof to be made at the end of six Calendar months after my decease. And I hereby direct and empower the Trustees or Trustee of my said Will to set apart a fund for the payment of the aforesaid annuity out of the surplus or residue of my Trust money. (by my said Will made payable in equal moeties between the child or children of my Nephew George Howe and my Niece Elizabeth Sutton respectively) in the purchase of Stock in some of the public stocks or funds of Great Britain or by Investment thereof upon the security of good and sufficient freehold or copyhold estates in England or Wales or by continuing any security real either real or personal on which any of my Trust monies may be invested at my decease to provide for the payment of the above mentioned annuity which fund on the death of my said wife shall fall into the surplus or residue of my Trust monies, and I hereby ratify and confirm my said Will in all other respects In Witness whereof I have hereunder set my hand this twenty first day of December in the year of our Lord one thousand eight hundred and fifty eight George Hudson – Signed by the said Testator , as a codicil to 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 names as Witnesses – William Hibbs – Clerk to Alfred Aldenson, Sol : Eckington Derby George Mullins Farmer Mosbro .