This is the last Will and Testament of me John Rotherham of Mosborough in the parish of Eckington and County of Derby Yeoman. I give and bequeath unto my dear wife Martha Rotherham All of my household furniture plate Linen and China for her own absolute use Benefit and disposal. Also I do give and bequeath unto my friends Henry Cooper of Wentworth in the County of York, Schoolmaster, and Thomas Roberts of Sheffield Saw Manufacturer (whom I hereinafter appoint Executors of this my Will, their Executors, Administrators and Assigns all my live and dead farming stock Implements of Husbandry ready Money, Money out at Interest and all securities for the same and all other my personal Estate and Effects whatsoever and wheresoever not hereinbefore by me disposed of Upon trust that they my said Trustees or the Survivor of them his Executors or Admininstrators do and shall sell and convert into Money all such parts thereof as shall be in their nature saleable and receive and collect the other parts thereof and do and shall out of the Money to arise and be produced by such Sale Receipt and Collection pay and discharge my Funeral and Testamentary Expenses and all my just Debts save and except any Mortgaged Debt I may owe in respect of my Copyhold Hereditaments hereinafter bequeathed to them and in case there should be any surplus Monies remaining undisposed of after answering the several purposes aforesaid then I direct that my said Trustees and Executors shall immediately pay the same to my said Wife for her own absolute use also I do give and devise and bequeath unto the said Henry Cooper and Thomas Roberts All my Copyhold Messuages Lands Tenements and Hereditaments to the use of the said Henry Cooper and Thomas Roberts their Heirs and assigns upon Trust to receive and take the Rents Issues and Profits thereof during the natural life of my said Wife and with and out of the same do and shall from time to time pay and discharge the Interest of any Mortgage that I may have granted on the said Copyhold Hereditaments and also the necessary expenses of keeping the said Hereditaments in proper repair and Condition and if there shall be any surplus of such Rents and interest after answering the several purposes aforesaid then do and shall pay the same from time to time unto my said Wife during her natural Life for the maintenance and support of her and towards enabling her to bring up and educate my Infant Children and I do declare that the provision hereby made for my said Wife shall be in lieu of all Dower or free Bench(?) to which she may be entitled at my decease or in or to any of my Estates and from and immediately after the decease of my said wife then upon further Trust that they my Trustees or the Survivor of them his Heirs and Assigns do and shall (subject to provisions hereinafter contained} absolutely sell and dispose of my said Copyhold Messuages Lands Tenements and Hereditaments either together of in parcels and either by public auction or private contract to any person or persons willing to become the purchaser of purchasers thereof for the best price or prices that can be reasonably obtained for the same And for facilitation such sale or Sales I do hereby declare that the Receipt or Receipts in writing of the said Henry Cooper and Thomas Roberts or the Survivor of them or their Heirs Executors Administrators or Assigns of such survivor or other the Trustees or Trustee for the time being acting in the Execution of the Trusts of this my Will shall be good and effectual discharge and discharges to the Purchaser or Purchaser of all or any part of my said Copyhold Hereditaments for his her of their purchase money or for so much thereof as in such Receipt or Receipts shall be expected to be received and that after such Receipt of Receipts shall be given such purchaser or purchasers his or their Heirs Executors Administrators or Assigns shall not be obliged to see to the application of his or her or their purchase Money or in anywise answerable or accountable for the misapplication or nonapplication thereof or any part thereof respectively and as to for and concerning the Money to arise and be produced by such Sale or Sales of the said Copyhold Heriditaments Upon Trust that they my said Trustees for Trustee for the time being do and shall thereout pay and discharge all sums of Money which I may have borrowed on Mortgage of the said Hereditaments and any Interest accruing due thereon after the death of my said wife And also any Debts which my personal Estate may be insufficient to discharge if any such there should be and after payment thereof respectively then do and shall stand possessed of and interested in the residue of all such Monies and all Interest and Accumulation thereof In Trust for and and I do give and bequeath the same unto all every the Children of my Body now born or to be born in my Life Time or in due Time after my decease who being a son or sons shall respectively attain the age of twenty one years or being a Daughter or Daughters shall respectively attain that age or marry under that age and their respective Executors Administrators and Assigns to be divided between and amongst them if more than one in equal shares and proportions as Tenants in Common and if these shall be but one such child the whole to be in Trust for that one or only child his or her Executors, Administrators and Assigns And I do hereby declare my will and mind to be that after the decease of my said wife they my said Trustees or Trustee shall pay and apply for and towards the maintenance and Education of such my said Children whose portion or portions under the Trusts aforesaid shall not be then vested all or any part of the Interest Dividents and annual produce of his her or their presumptive portion or portions provided always and I do hereby declare that if my son Charles Rotherham shall be desirous of purchasing the aforesaid Copyhold Messuages Lands Tenaments and Hereditaments or any part thereof at the time hereinbefore appointed for the sale thereof he shall have the privilege of doing so in preference to any other person at a fair and reasonable price to be fixed and ascertained by two indifferent persons one to be chosen by my said Trustees or Trustee and the other by my said Son or in case of any difference between such persons then by an Umpire to be mutually chosen by them but in any case my said Son Charles shall decline to purchase the said Hereditaments then I do direct that my other Children according to their seniority of age shall have the like privilege upon the aforesaid Terms And I do hereby declare that in case the Mortgagee of my said Copyhold Hereditaments shall call in or demand the payment of his Mortgage Money before the Time hereinbefore by and me directed for the payment thereof it shall be lawful for my said Trustees or Trustee for the time being to borrow and take up at interest of some other person or persons on Security of the said Hereditaments such sum of Money as will be sufficient to pay off and discharge the said Mortgage Money and any Interest in respect thereof and also the expenses of preparing and perfecting any new mortgage and I do hereby appoint my said wife so long as she shall continue my widow and unmarried the Guardian of the persons and Fortunes of my Infant Children during their respective minorities and when and so soon as shall die or marry again whichever shall first happen I do appoint my said Trustees or Trustee for the time being the like Guardian or Guardians and I appoint the said Henry Cooper and Thomas Roberts joint Executors of this my will and direct that my said Trustees and Executors shall be reimbursed out of my Estate and Effects all their Losses Costs and Expenses in and about this my Will and that they shall each only be answerable for himself and his own acts and not for each other and each only for what he shall actually receive and not for any casual loss or other misfortune by bad Debts or otherwise but only for wilful defaults In Witness whereof I have hereto set my Hand and Seal this fifth day of November in the year of our Lord Christ one thousand eight hundred and thirty one.
Signed Sealed Published and declared by the
Said John Rotherham 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 hereunto subscribed our Names
as Witnesses
John Story
Susanna Smith
Elizabeth Kirby
The Mosborough One-Place Study 