Last Will and Testament of James Cowley of Mosborough, scythesmith (1799)

This is the Last Will and Testament of me James Cowley of Mosbrough in the Parish of Eckington in the County of Derby Scythesmith as follows. First I will that all my just Debts Funeral Expenses and the Charges of proving this my will paid and discharged by my Executor hereinafter named. I give and devise to my son James Cowley all that Messuage or Dwellinghouse with Barn Stable and other outbuildings and appurtenances thereto belonging situate in the Town of Mosbro’ aforesaid and also all that piece of land adjoining thereto containing one Acre or thereabouts now in my possession to have and to hold the same unto my said Son James Cowley his heirs and assigns for ever subject and chargeable nevertheless with the Annuity or yearly rent Charge of Eight pounds hereinafter next mentioned. I give and bequeath to my dear wife Mary Cowley and her assigns in case she remains single and unmarried in lieu, satisfaction and bar of her Dowery and thirds at Common Law one Annuity clear yearly rent or Sum of Eight pounds of Lawful Money of Great Britain free and clear of all Taxes and all other deductions parliamentary or otherwise to be issuing and payable out of the Messuage Land and premises hereinbefore given to the said James Cowley my son and to be paid and payable at the place of her Habitation by equal half yearly payments at the two most usual Feasts or days of payment in the year that is to say on the twenty fifth day of march and the twenty ninth day of September in every year the first payment thereof to be on such of the said days as shall next happen after my decease and my will is that in case the said Annuity yearly rent or Sum of eight pounds or any part thereof shall be behind and unpaid for the space of Thirty days next over or after either of the said feasts or days of payment whereon the same is heretofore directed to be paid as aforesaid then and so often it shall be and may be lawful for the said Mary Cowley and her Assigns to enter upon the said Messuage Land and premises so in Arrear and unpaid and distrain for the same and all costs and charges occasioned by Nonpayment thereof or any part thereof and of such Distress. And I give and bequeath to my loving wife Mary Cowley the best bed and the warming pan to her own proper use and disposal  Also I give and bequeath to Mary Hudson wife of John Hudson of Whittington the sum of ten pounds and ten shillings Also I give and bequeath to my daughter Elizabeth Latham wife of Jarvis Latham of Balm the sum of Ten Pounds and ten shillings The said two Legacies so given to my said Daughters to be paid and payable on the Death of my said wife Mary Cowley or her future marriage which shall first happen and I do here by subject and make Liable the said Messuage Land and premises hereinbefore given to my said son James Cowley with the sum of Twenty One pounds for the payment of the said two Legacies Also I give and devise to my son Amos Cowley all that Allotment piece or parcel of land situate on Mosbro Green awarded to me by the Commissioners acting under an Act of Parliament for enclosing the Commons and Waste lands with the Mannor and parish of Eckington in the said County of Derby to have and to Hold the same Land and premises unto the said Amos Cowley his Heirs and Assigns for ever Also I give and bequeath to my sons William Cowley and John Cowley and Samuel Cowley the sum of one pound one shilling each Also I give and bequeath to my said son James Cowley All my household goods and Furniture Horses Cows and all and every my Implements of Husbandry and all and every the rest Residue and remainder of my Estate and Effects whatsoever and Wheresoever not hereinbefore given and disposed of by me for his own use and Benefit And lastly I do hereby nominate Constitute and Appoint my said son James Cowley Sole Executor of this my last Will and Testament hereby revoking and making void all other and former Wills by me at any Time heretofore made and I do declare this only to be my last Will and Testament In Witness whereof I the said James Cowley the Testator have to this my Will Contained in one sheet of paper set my hand and seal this twelfth day of June in the year of our Lord one thousand Seven Hundred and Ninety Nine.

Signed Sealed published and declared by the Said James Cowley the               
Testator as and for his last will and Testament in the presence of us who
in his presence at his Request and in the presence of each other have
subscribed our Names as Witnesses

Ellin Waller her mark
John Cowley
Thos. Mettam