This is the last Will and Testament of me John French of Mosbrough in the parish of Eckington in the County of Derby Gentleman I direct all my just Debts Funeral and Testamentary expenses to be paid as soon as conveniently may be after my decease I Give and Devise all my Freehold and Copyhold Messuages Lands and Hereditaments situate in the parish of Eckington aforesaid with their and every of their appurtenances unto Robert Webster of Killamarsh in the said County of Derby Farmer and Harvey Slagg of Mosborough aforesaid Maltster their heirs and assigns upon the trusts following (that is to say) upon trust from time to time to pay and apply so much of the Rents and profits of the said Messuages lands and Hereditaments as they my said Trustees shall think necessary for the maintenance benefit and Education of Alfred Webster and Eliza Webster two of the children of Paul Webster late of Mosborough aforesaid deceased until the said Eliza Webster shall attain the age of Twenty one Years and the unapplied Rents and profits (if any) I direct shall be accumulated for the benefit of the said Alfred Webster and Eliza Webster and be equally divided between them on their severally attaining the age of twenty one years And when and so soon as the said Eliza Webster shall attain the age of twenty one years then as to all those Four Closes or parcels of land situate in the parish of Eckington aforesaid called by the several Names and containing be estimation the several quantities hereinafter mentioned (that is to say) The Killamarsh Lane Field containing Six acres The Common piece containing one acre and Ten Roods The Newlands containing Three acres and The Harbour Frith containing Five Acres and two Roods (part of the Land and Hereditaments hereinbefore devised) Upon trust that my said Trustees or Trustee for the time being of this my Will do and shall from time to time pay the Rents and profits arising therefrom unto the said Eliza Webster or permit her to receive the same during her life for her separate use free from the control and Debts of any husband with whom she may intermarry and so that she shall have no power to alien or anticipate the same And after the decease of the said Eliza Webster Upon trust to stand seized of the said closes or parcels of land and Hereditaments last mentioned for all and every such one or more exclusively of the other or others of the Children of the said Eliza Webster for such Estates in such Share if more than one for their or any of their benefit and in such manner as the said Eliza Webster shall by deed or Will direct or appoint And in default of such direction or appointment In trust for all and every the Children of the said Eliza Webster to be equally divided between them if more than one as tenants in Common in fee and if there shall be but one such Child In trust for that remaining or only Child in fee And in default of such issue then that my said Trustees or Trustee for the time being of this my Will do and shall stand seized of the said Closes or parcels of Land and Hereditaments Upon such and the like trusts and to and for such and the like intents and purposes and under and subject to the like powers and authorities for the benefit of the said Alfred Webster and his Children as are hereinafter expressed and declared concerning the residue of my aforesaid Messuages Lands and Hereditaments on such and so many of the said trusts as shall be then subsisting and capable of taking effect as fully and effectually in all respects as if the same were here repeated And as concerning all the residue of my Messuages Lands and Hereditaments hereinbefore devised upon trust that my said Trustees or Trustee for the time being of this my Will do and shall from time to time pay the Rents and profits arising therefrom unto or permit the same to be received by the said Alfred Webster and his Assigns during his Life and after his decease upon trust to stand seized of the Residue of the said Messuages Lands and Hereditaments for all and every such one or more exclusively of the other or others of the Children of the said Alfred Webster for such Estates in such shares if more than one for their or any of their benefit and in such manner as the said Alfred Webster shall be deed or Will direct or appoint and in default of such direction or appointment In trust for all and every the Children of the said Alfred Webster to be equally divided between them if more than one such child as Tenants in Common in fee And if there shall be but one such Child in trust for that remaining or only Child in fee And in default of such issue Upon trust that my said Trustees or Trustee for the time being of this my Will do and shall stand seized of the residue of my said Messuages Lands and Hereditaments upon such and like trust and to and for such and like intents and purposes and under and subject to the like powers and authorities for the benefit of the said Eliza Webster and Children as are hereinbefore expressed and declared concerning the several Closes or parcels of Land hereinbefore devised In trust for her and her Childen as aforesaid on such and so many of the said trusts as shall be then subsisting and capable of taking effect as fully and effectually as if the same were here repeated And in case the said Alfred Webster and Eliza Webster shall both depart this Life without leaving any child or children who under the trusts aforesaid shall be and become entitled to my said Messuages Lands and Hereditaments or any part thereof then that my said Trustees or Trustee for the time being shall stand possessed thereof upon trust for my niece Charlotte Fox her Heirs and Assigns for ever I give and bequeath the sum of one hundred pounds unto the said Robert Webster and Harvey Slagg their Executors Administrators and Assigns Upon trust to lay out and invest the same on Government or real securities in England and Wales and alter and may vary the same as occasion shall require and pay the Interest and Dividends arising therefrom unto my said niece Charlotte Fox during her life for her separate use free from the control and Debts of her present or any future husband And after the decease of my said niece Then that my said Trustees or Trustee for the time being of this my Will do and shall stand possessed of the said Sum of one hundred pounds and the Securities in or upon which the same shall be invested In trust for the Child or Children of my said niece who shall attain the Age of Twenty one years or marry if more than one in equal shares and his her and their Executor or Administrators or respective Executors or Administrators And I hereby declare that the said sum of one hundred pounds shall be raised by a fall of timber which is now growing upon the lands hereinbefore devised or some part thereof which I hereby authorise and empower my said Trustees to fell and dispose of for that purpose and in case there shall be any deficiency I direct the same to be raised and retained out of the Rents and profits of my said Real Estate. I Give and Bequeath my Household Furniture and all other my personal Estate and Effects unto the said Alfred Webster and Eliza Webster equally to be divided between them as Tenants in Common to be paid and transferred to them respectively when my Executors shall think fit Provided always and I do hereby direct that it shall be lawful for my said Trustees or Trustee for the time being of this my Will as they or he shall think fit to apply the Rents and profits of the said Messuages Lands and Hereditaments hereinbefore devised or so much thereof as to them or him shall seem proper in or about the repairing or rebuilding the said Messuages or Buildings or such of them or such part thereof as shall for the time being require repairing or rebuilding and in or about affecting an insurance against any loss or damage to be sustained by Fire upon such of the said Messuages and premises as they or he shall think proper Provided also and I hereby declare that so often as any Trustee for the time being of this my Will shall die or become unwilling or unable to act in the trusts hereby created it shall be lawful for the surviving or continuing Trustee and if there shall be no such Trustee then for the retiring Trustee and if there shall be no such last mentioned Trustee then for the Executors or administrators of the last deceased Trustee to nominate a new Trustee or Trustees to supply the said vacancy or vacancies and such new Trustee or Trustees shall be competent to exercise all the powers and authorities herein contained provided also and I hereby further declare that every Trustee shall be exempt from responsibility concerning the acts and defaults of his Co-Trustee and also for involuntary losses and shall be allowed his full costs and charges incurred in the Execution of this my Will and also a reasonable compensation for his loss of time and trouble And I nominate and appoint the said Robert Webster and Harvey Slagg Executors In trust of this my Will and I revoke all former wills by me at any time heretofore made In Witness whereof I the said Testator John French have to this my last Will and Testament contained in Four Sheets of paper set my Hand and Seal (that is to say) my name to the Three first Sheets and my name and Seal to this Fourth and last sheet thereof the Thirteenth Day of March in the year of our Lord one thousand eight hundred and thirty five
Signed sealed and published and declared
by the said Testator John French as
and for his last Will and Testament
in the presence of us who in his John French
presence at his request and in the
presence of each other have hereunto
subscribed our Names as Witnesses
John H Potts
John Story
John Smedley
The Mosborough One-Place Study 