Last Will and Testament of Joseph Alton of Mosborough, farmer (1874)

This is the last Will and Testament of me Joseph Alton of Mosbrough in the County of Derby retired Farmer. I bequeath the household furniture plate linen china glass liquor fuel and housekeeping stores of which I shall die possessed to my wife Sarah Alton absolutely. I bequeath the residue of the personal Estate to which I shall be entitled at the time of my decease to my friends John Rose of Mosbrough aforesaid Farmer George Mullins of Mosbrough aforesaid Gentleman and Joseph Griffin of Chesterfield in the said County Grocers Assistant, their executors administrators and assigns (hereinafter called my said Trustees or Trustee) upon trust to collect and get in the same and to stand possessed of the moneys to arise therefrom. Upon the trusts hereinafter declared concerning the same that is to say. As to the sum of three hundred and fifty pounds part of my residuary personal Estate. Upon trust to invest the same in the names or name of my said Trustees or Trustee in or upon any of the public Stocks funds or securities of the United Kingdom or any real securities in England or Wales with liberty for my said Trustees or Trustee to vary and transpose the investments from time to time for any other investments of the description aforesaid. And upon further Trust to permit and empower my said wife to receive the annual income of the said monies or the stocks funds and securities whereon the same shall be invested during her life if she so long continue my Widow and after her death or marriage. Upon trust to pay and divide the same as follows namely to my Son John Edwin Alton the sum of One hundred pounds to my son Charles Alton the sum of one hundred pounds to my Daughter Rebecca the wife of Thomas Bolsover the sum of fifty pounds to my Daughter Lois the Wife of Jabez Rippon the sum of Fifty pounds and to my son Joseph Alton the sum of fifty pounds. And as to the remaining part of my said residuary personal Estate. I direct my said Trustees or Trustee to stand possessed thereof. Upon trust after paying thereout of all my just debts funeral and Testamentary expenses and the expenses of proving of this my Will to pay to my said Daughter Lois the Wife of the said Jabez Rippon the legacy or sum of fifty pounds and to pay the residue of my said personal Estate to my said Son Joseph Alton absolutely. And I direct that the said legacies to each of my said daughters shall be received enjoyed and disposed of by her as her separate estate without the control or interference of her present or any future husband and her receipt to be notwithstanding coverture an effectual discharge for the same, And in case any of my said children shall die in the lifetime of the survivor of me and my said Wife leaving issue him or her surviving then and in every such case. I give the legacy which each or any of my said children would have taken under this my Will if he or she had survived me to his a her children (if any) who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry I devise all the Real Estate to which I shall be entitled at the time of my decease to my said Son Joseph Alton absolutely. I devise all real estates vested in me as Trustee or Mortgagee to the said John Rose, George Mullins and Joseph Griffin subject to the equities affecting the same respectively. I appoint the said John Rose, George Mullins, and Joseph Griffin Executors of this my Will, Lastly I revoke all other Wills by me at any time heretofore made. In Witness whereof I have hereunto set my hand this twenty ninth day of January One thousand eight hundred and seventy three Joseph Alton – 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 presence of each other have subscribed our names as witnesses – Mary Ann Paling Will;Dust Clerk to Messrs Alderson & Son Solicitors, Eckington

This is a Codicil to the last Will and Testament of me Joseph Alton of Mosbrough in the Parish of Eckington in the County of Derby retired Farmer which will bears date the twenty ninth day of January One thousand eight hundred and seventy three. Whereas by a certain promissory note given to George Mullins of Mosbrough aforesaid Gentleman by myself and my Son in law Jabez Rippon I am jointly liable with the said Jabez Rippon to the payment of a sum of One hundred pounds to the said Jabez Rippon by the said George Mullins and in which sum I have had no beneficial interest. And whereas by my said Will I have directed my Trustees therein named to pay to my Daughter Lois the wife of the said Jabez Rippon two several sums of fifty pounds one of such sums of fifty pounds to be paid to her upon the death or marriage of my Wife Sarah Alton and the other sum of fifty pounds to be paid to her at my decease out of such parts of my residuary” personal Estate respectively as in my said Will mentioned. Now I do hereby direct that my said trustees shall stand and be possessed of the two several sums of fifty pounds as and when the same shall respectively become payable to my said Daughter Lois. Upon trust thereout in the first place to pay and satisfy any claim that may be made upon my estate by the said George Mullins or his representatives in respect of the said promissory note and subject thereto to pay the two Several sums of fifty pounds or the balance thereof (if any) to my said Daughter Lois in the manner and at the times directed by my said Will. And I hereby confirm my said Will in all other respects. In Witness whereof I have hereunder set my hand this fourth day of April One thousand eight hundred and seventy four – Joseph Alton – Signed by the said testator as and for a Codicil to 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 presence of each other have subscribed our names as witnesses, the words, or marriage in the nineteenth line of the first page hereof having been first interlined – Jno. Gair 4 Belgrave St. Derby. Christr Wm Alderson Solicitor,   Eckington, Chesterfield. Proved at Derby with a Codicil the 26th day of June 1874 by the Oaths of John Rose, George Mullins and Joseph Griffin the Executors named in the Will to whom Administration was granted. The Testator Joseph Alton was late of Mosbrough in the parish of Eckington in the County of Derby and died on the 5th day of April 1874 at Mosbrough aforesaid Effects under £ 600 Extracted by Alderson & Son Solicitors Eckington