Last Will and Testament of John Ellis of Mosborough Moorside, Sicklesmith (1819)

This is the Last Will and Testament of me John Ellis of Mosbro’ Moor Side in the Parish of Eckington in the County of Derby Sicklesmith I give and bequeath all my money and securities for money stock in trade and stock on my Farm Tenant Right Household Furniture Plate Linen China and Implements of Household and all and singular other my Estates and Effects whatsoever and wheresoever of which I have Power to make any Disposition being all Personal to my Son in Law George Booth and my Friends John Goody of Clown and William Keeton the Younger of Plumley Lane To hold to them their Executors and Administrators upon the Trusts and for the Purposes hereinafter declared and mentioned that is to say Upon Trust in the first place thereout to pay and discharge all or any such Debts and Sums of Money as shall at my Decease be justly due and owing by me to any person or persons whomsoever with the Expenses of my Funeral and of proving this my will and subject only thereto upon Trust to permit and suffer my dear Wife Elizabeth Ellis to have take and enjoy to and for her own sole and absolute Benefit the whole and every part of my said estates and effects for and during the term of her natural life and immediately or so soon as conveniently may be after her decease upon Trust to collect and receive all and every or any sums and sum of money which shall or may be then outstanding and to sell and dispose of such part or my said estates and effects as shall not then consist of money and to convert the whole into money And upon further trust to stand and be possessed of all and singular my said estates and effects when so converted In Trust as to one fourth part thereof for my son in law Mr Thomas Garfitt his Executors Administrators and Assigns As to the other fourth part thereof for my dear Daughter Hannah the wife of Mr William Broomhead her Executors Administrators and Assigns As to one other fourth part thereof for my dear Daughter Esther the wife of the said George Booth her Executors Administrators and Assigns And as to the remaining one fourth part thereof for my dear Grandson Mark Ellis the son of my late deceased son John Ellis his Executors Administrators and Assigns upon Trust to pay and dispose of the same accordingly Provided that if when the said parts or shares shall become payable the said Mark Ellis shall not have attained his Age of twenty one years hissaid fourth part or share shall be retained by my said Trusteed until he shall attain that age and be by them placed out and contained at Interest in the meantime and the Interest paid and applied for the maintenance and Education or otherwise for the benefit of the said Mark Ellis during minority and that if he shall die before he shall have attained the said age his said share shall be added by way of Accumulation to the other of the said fourth parts for the benefit of the Persons entitled thereto respectively And Provided further that if any of them the said Thomas Garfitt Hannah Broomhead Esther Booth and Mark Ellis shall die before his her or their share shall become vested and payable leaving any such Issue the Child or Children of him her or them so dying shall have and take to him or her equally between them the share or shares of his her or their respective deceased parent or parents And if any of them being Daughters shall so die and without leaving Issue but leaving a Husband or Husbands he or they shall in like manner take such share or shares But if any of them shall so die and without leaving Issue or being Daughters or Husband or Husbands such share or shares shall be added by way of Accumulation to the other of the said fourth parts or shares for the time being And the said accruing shares shall from Time to Time be subject to the like Chance of Accruer to the then remaining of the same fourth parts or shares And I further declare my will and mind to be that my said Trustees shall and may and they are hereby directed and required at the Request and with the Approbation of my said dear wife to sell and dispose of all or any part of my said estate and effects in her lifetime if and as and when she shall elect so to have done And that they my said Trustees do and shall place out at Interest all such part of my said estates and effects as doth or shall consist of money and continue the same is place out during the lifetime of her my said dear wife paying here the Interest thereof as and when received as well as allowing her the entire enjoyment and benefit of all other my said estates and effects according to the Trust thereof for her benefit before declared And I further declare my will and mind to be that after my Decease an Inventory shall be had and taken of such part of my said estates and effects as shall not consist of money with a valuation or estimate of the value thereof And signed by my said Trustees and also my said dear wife for the better satisfaction of the persons who shall after her decease be entitled to the same And I appoint the said George Booth John Goody and William Keeton joint Executors of this my will and do direct that they shall not be answerable or accountable for any more monies than shall come to their respective Hands nor in any case the one for the other of them or for any loss which may happen without his ….. respective wilful Default Ad that they shall and may respectively reimburse themselves such sum or sums of money as shall be expended by them respectively in the execution of this my will the Trusts I have hereby in them reposed In Witness whereof I the said John Ellis the Testator have to this my Last Will and Testament contained in this and the two preceding sheets of paper set my Hand and Seal that is to say my Hand to the two preceding sheets and my Hand and Seal to this the third and last sheet this sixteenth day of April in the Year of our Lord Christ One Thousand eight hundred and nineteen

John X Ellis (his mark and seal)

Signed sealed published and declared by the

said John Ellis the Testator as and for his last

will and testament in the presence of us who

at his request and in the presence of him

and of each other have hereunto subscribed

our hands as witnesses.

Tho. Pierson junr

Joseph Rose