This is the last Will and Testament of me John Cowley of Mosbrough in the Parish of Eckington and County of Derby. I bequeath all my household furniture plate linen china books liquors housekeeping stores and other effects of the like nature unto and equally between my daughter Martha Lomas the wife of William Lomas and Mary Ann the wife of Amos Latham share and share alike I devise all that Croft or Parcel of land at Mosbrough aforesaid called the Steward Croft containing Two acres be the same more or less now in the occupation of William Lomas unto my Grandaughter Mary the wife of Isaac Plant absolutely subject nevertheless to and chargeable with the payment of the remainder sum of Twenty Pounds to my Grandaughter Mary Latham the Daughter of the said Mary Ann Latham And I hereby bequeath the said sum of Twenty Pounds to the said Mary Latham accordingly And I devise all those two messuages or Dwelling houses with the Garden and appurtenances thereunto belonging and the croft thereto adjoining and the croft called the Square Croft also adjoining situate at Mosbrough aforesaid now in the respective occupations of George Havenhand, Mark Amos Latham and Frederick Keeton to my friends John Ibbotson Hayes Schoolmaster and Isaac Plant Coal Miner both of Mosbrough aforesaid their heirs and assigns (hereinafter called my Trustees and Trustee) but subject nevertheless to and charged and chargeable with the remainder sum of Forty Pounds to my said Grandaughter Mary Latham the daughter of the said Mary Ann Latham and I hereby bequeath the said sum of Forty Pounds to the said Mary Latham accordingly and after such payment of Forty Pounds is duly made to the said Mary Latham Then Upon Trust to pay the rents and profits thereof as and when the same shall become due and not by way of anticipation unto the hands of my daughter Mary Ann the wife of the said Mark Amos Latham for her natural life to be enjoyed by her as an inalienable personal provision free from all control and enjoyment of her present or any future husband and for such rents and profits her receipt alone shall be sufficient discharge to my said Trustees or Trustee for the same and after the decease of my said daughter or other sooner determination of her life interest in the last mentioned premises In Trust for the child if only one and the children if more than one of my said daughter Mary Ann Latham who either before or after this limitation shall take effective possession shall attain the age of Twenty one years or who shall die under that age and leave issue at his or her death or respective deaths in fee simple such children if more than one to take as tenants in common And I devise all the residue of my real estate to which I shall be entitled at my decease (except estates vested in me as Trustee or Mortgagee) to my friends John Ibbotson Hayes and Isaac Plant their heirs and assigns hereinafter called my Trustees or Trustee upon the Trusts following (namely) Upon Trust in the first place with or out of the rents and profits of the said devised estate by Mortgaging or charging the same or a competent part or parts thereof to raise in aid of my personal estate (if insufficient) so much money as shall be required to satisfy my funeral and testamentary expenses and debts with the expenses of executing this Trust and the further sum of Two Pounds to each of my said Trustees and to apply the money so raised accordingly and subject thereto Upon Trust to pay the rents and profits thereof as and when the same shall become due and not by way of anticipation into the proper hands of my said Daughter Martha Lomas to be enjoyed by her as an unalienable personal provision and while covert free from the control and engagement of her present or any future husband and for which rents and profits her receipt alone shall be sufficient discharge to my said Trustees And after the decease or other sooner determination of her life interest in the said premises Upon Trust that my said Trustees or Trustee shall as soon as conveniently may be after the decease of the said Martha Lomas and circumstances will permit sell the same together on in parcels by Public Auction or private contract with full power to enter into all such contracts respecting such sales as they or he may deem expedient and to begin and resell the same or any part thereof without being responsible for any loss that may be incurred in consequence and to do and execute all such acts and assurances for effectuating any such sale as they or he shall think fit And I hereby declare that my said Trustee or Trustee do and shall stand and be possessed of the monies to arise from such sale or sales Upon Trust in the first place to retain all such costs charges and expenses as my Said Trustees or Trustee shall or may have incurred in and about such sale or sales and after payment and satisfaction thereof In Trust for the child if only one wholly or the children if more than one of my said Daughter Martha Lomas all such children to have an equal share But if any of them shall die under the age of Twenty one years without having been married then In Trust as to as well the share originally limited under the preceding Trust as the shares eventually limited under this Executory Trust to any and every child so dying for the others and other of the children of the said Martha Lomas if more than one in equal shares I Authorize my said Trustees or Trustee from time to time to apply the whole or part of the income of the presumptive share or shares of any of the said child or children of the said Mary Ann Latham and Martha Lomas who shall be under the age of twenty one years and unmarried towards his or their maintenance or education and to advance at their or his discretion any part of such presumptive shares not exceeding one half towards the advancement in life of any such children respectively I devise all the real estate which shall at my decease be vested in me as Trustee or Mortgagee to my Trustees hereinbefore named subject to the equities effecting the same respectively I empower the Trustees or Trustee for the time being of my Will to give receipts for all monies and effects to be paid or delivered to such Trustees or Trustee by virtue of my Will and declare that such receipts shall exonerate the person taking the same from all liability to see the application or disposition of the money or effects therein mentioned I declare that if my said Trustees hereinbefore named or either of them or the 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 the competent accepting Trustees or Trustee for the time being if any whether retiring from the office or not or if none for the Executors or Administrators of the last deceased Trustee to substitute by any writing under their of 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 exempt every Trustee of my Will from all liability for losses incurred without his own wilful default and authorize him to retain and all to his Co-Trustee all expenses incidental to the Trusteeship. I appoint the said John Ibbotson Hayes and Isaac Plant Executors of this my Will and lastly I revoke all other Wills by me heretofore made In Witness whereof I have hereunder set my hand and I have also set my hand to each of the two preceding sheets of this my Will this Twenty Seventh day of September in the year of our Lord one thousand eight hundred and Fifty five
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 John Cowley
presence of each other have subscribed our names as
Witnesses
George Caterer, Farmer, Mosborough
William Caterer, Farmer, Mosborough
The Mosborough One-Place Study 