This is the last Will and Testament of me George Mullins of Mosbrough in the Parish of Eckington in the County of Derby Gentleman I bequeath the wine liquor fuel and other consumable household stores and provisions and the linen china glass of which I shall die possessed to my dear wife Jane absolutely I bequeath to my said wife the use and enjoyment of the household furniture and utensils not hereinbefore bequeathed and the plate book pictures and prints of which I shall die possessed during her life and after her decease I direct the same articles to be disposed of as part of the residue of my personal estate I devise all the real estate to which I shall be entitled at my decease (except estates vested in me as Trustee or Mortgagee), and I bequeath the residue of the personal estate to which I shall then be entitled to my Nephew Samuel Johnson Hobson of Sheffield in the County of York Gentleman Frederick Spafford of Sheffield aforesaid Manufacturer and George Mellor of Derby Railway Clerk their heirs executors and administrators and assigns respectively (hereinafter called my said Trustees or Trustee), and I declare that my said Trustees or Trustee shall stand possessed of my said real estate (saving and excepting the mines and minerals in and under the same) upon trust to permit and empower my said wife to receive the rents and profits thereof and therefrom arising during her life and after her death In trust for my Grandson George Mullins Mellor the child of my late daughter Sarah Mellor deceased on his attaining the age of twenty four years absolutely but in case my said Grandson George Mullins Mellor shall be then under the age of twenty four years I direct my said Trustees or Trustee to stand possessed of my said real estate until he shall attain that age and empower and direct them until my said grandson shall attain the age of twenty four years to let from year to year or from any term not exceeding seven years in possession at the best rent and to manage my said real estate hereinbefore devised to them and to receive the rents and profits thereof and after payment of the incidental outgoings and expenses to apply the net rents and profits or an adequate part thereof in his maintenance and education and to invest the unapplied surplus if any in or upon the like investments as are hereinafter mentioned respecting my residuary personal estate and to improve the same as an accumulating fund varying the investment from time to time for any other of the kinds aforesaid as often as may be thought proper but with liberty to apply the income and if deemed necessary the capital also of the same fund for the maintenance or advancement in life of my said Grandson George Mullins Mellor and in the event of his attaining the age of twenty four years the same fund or so much thereof as shall remain unapplied to the purposes aforesaid shall be his absolute property but in the event of his death under the age of twenty four years the same shall sink into and form part of my residuary personal estate But in case my said Grandson George Mullins Mellor shall die under the age of twenty four years without leaving lawful issue him surviving then my said trustees or trustee shall stand possessed of my said real estate upon trust to sell the same together or in parcels by public auction or private contract and the moneys to arise from such real estate I direct shall sink into and form part of my residuary personal estate And I empower my said Trustees or Trustee as and when they shall think fit absolutely to sell any part of the mines and minerals in or upon my said real estate and over which I have power of disposition for such price or prices and subject to such conditions as my said trustees or trustee shall deem reasonable with full power to convey the same to the purchaser or purchasers and I also empower my said Trustees or Trustee if they shall think fit to demise by way of lease any part of such mines and minerals as aforesaid to any person or persons for any term of years not exceeding thirty years to take effect in possession with full license and authority to search for work get and raise the said mines and minerals and do whatsoever shall be needful for the searching for working getting and raising the said mines and minerals under the said real estate but not upon the surface thereof so that there be reserved in every such lease the best rents duties royalties or reservations by the acre or by the ton or otherwise that can reasonably gotton for the same and so that there be contained, in every such lease a condition for rentry for non payment or non delivery within a reasonable time to be therein specified of the rents duties royalties or reservations therein made payable or reserved and so as the lessee or lessees execute a counterpart thereof and thereby covenant for the due payment or delivery of such rents duties royalties and reservations and for making good all damage or injury done to the surface of my said real estate or any buildings thereon and to enter into such other covenants and stipulations as my said Trustees or Trustee or their counsel shall deem proper and expedient and I direct that the moneys arising from time to time from the sale or leasing of the said mines or minerals as aforesaid shall sink into and form part of my residuary personal estate and as to the residue of my personal Estate (including the money that may arise from the sale of my said real estate) I direct my said Trustees or Trustee to stand possessed thereof and after payment thereout of all my just debts funeral and testamentary expenses upon trust to convert collect and get in the same and to invest the monies to arise therefrom in the names or name of the Trustees or Trustee for the time being of my Will in or upon any of the Public Stocks funds or securities of the United Kingdom or any Real Securities in England or Wales or Railway Debentures with liberty for my said Trustees or Trustee to vary and transpose the investments from time to time for any other investment of the description aforesaid and upon further trust to pay the annual income of the said monies or the stocks funds securities whereon the same shall be invested to my said wife during her life and after her death as to the same monies stocks funds and securities and the annual income thenceforth to become due for the same In trust for my said Grandson George Mullins Mellor on his attaining the age of twenty four years absolutely but in case my said Grandson George Mullins Mellor shall die under that age without leaving lawful issue him surviving then In trust for Fanny Spafford of Sheffield in the County of York, the sister of the said Frederick Spafford the three Children of Hugh Hoyland and Ann Hoyland of Gleadless in the said County of York and the five children of Edward Cadman and Hannah Cadman of Eckington aforesaid then living and the issue of such of them as shall be dead in equal shares such issue taking only the share which their his or her deceased parent would have done if then living I further empower my said Trustees or Trustee after the decease of my said Wife in case my said grandson shall be then under the age of twenty one years to pay and allow to my Son in law George Mellor the father of my said grandson George Mullins Mellor or to the Guardian or Guardians for the time being of my said Grandson George Mullins Mellor such part as they my said Trustees or Trustee shall deem expedient of the income of my said residuary personal estate in or towards his maintenance and education or advancement in life or otherwise for the benefit of my said Grandson George Mullins Mellor during his minority and after my said Grandson shall have attained the age of twenty one years but shall not have attained the age of twenty four years I empower my said trustees or trustee to pay and allow to my said Grandson George Mullins Mellor such part as they my said trustees or trustee shall deem expedient of the income of my said Residuary personal estate for his own use absolutely And I direct my said trustees or trustee to accumulate during the period my said grandson shall be under the age of twenty four years the unapplied income by investing the same in manner aforesaid and add the accumulations thereof to the capital of my residuary personal estate I declare that my said Trustees or Trustee shall have a discretionary power to postpone for such period as to them or him shall seem expedient the conversion of and getting in of any part of my residuary personal estate which shall at my decease consist of Stocks funds or securities of any description whatsoever but the outstanding personal estate shall be subject to the trusts hereinbefore contained concerning the money and funds and securities aforesaid and the yearly proceeds thereof shall be deemed annual income for the purposes of such trusts I devise all real estates which shall at my decease be vested in me as Trustee or Mortgagee to the said Samuel Johnson Hobson Frederick Spafford and George Mellor Subject to the equities affecting the same respectively I empower my said Trustees or Trustee, to give receipts for all monies and effects to be paid or delivered to them or him by virtue of my Will and declare that such receipts shall exonerate the persons taking the same from all liability to see to the application or disposition of the money or effects therein mentioned, and I exempt every Trustee of my Will from liability for losses occurring without his own wilful default and authorise him to retain and allow to his cotrustees all expenses incidental to the Trusteeship I appoint the said Samuel Johnson Hobson Frederick Spafford and George Mellor Executors of my Will Lastly I revoke all other Wills In Witness whereof I have hereunder set my hand this sixth day of March in the year of our Lord one thousand eight hundred and seventy seven – George Mullins – – Signed by the said Testator as 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 – Will : Dust – R. Snowdon Beal Clerks with Messrs Alderson & Son, Solicitors, Eckington Proved at Derby the seventh day of January 1879 by the Oaths of Samuel Johnstone (in the Will written Samuel) Johnson Hobson the Nephew and George Mellor two of the Executors to whom administration was granted, Frederick Spafford the other Executor and one of the Residuary Legatees in Trust named in the Will having renounced the Probate and execution thereof The Testator George Mullins was late of Mosbrough in the parish of Eckington in the County of Derby Gentleman and died on the 19th day of November 1878 at Mosbrough aforesaid. Personal Estate under £5,000 Extracted by Alderson, Son, and Dust, Solicitors Eckington) Executor
The Mosborough One-Place Study 