Last Will and Testament of Joseph Beresford of Mosborough, blacksmith (1864)

This is the last Will and Testament of me Joseph Beresford of Mosborough in the parish of Eckington in the County of Derby Blacksmith I devise and bequeath all the real and personal estate to which I shall be entitled at my decease (except estates vested in me as Trustee or mortgagee) to my friend Thomas Hemingway of Staveley in the said County of Derby Jane and John Gardner of Staveley aforesaid their heirs executors, administrators and assigns respectively upon Trust to permit and suffer my dear wife Mary to have the use and enjoyment of all such parts thereof as shall not yield income and to permit and suffer my said wife to receive and take for her own use the rents issues and produce of all such other parts of my said estate as shall yield income during the term of her natural life and from and after her decease upon further Trust to sell my real estate together or in parcels by public auction or private contract and to convey and get in my personal estate And I declare that the receipts of my said trustee or trustee shall exonerate the parties taking the same from the payment of all monies therein expressed to be received or from seeing to the application thereof and to stand possessed of the monies to arise from said real and personal estate upon trust to divide the same into five equal portions or shares and to pay or assign one equal fifth part thereof unto each of my children George Berrisford, Joseph Beresford, Frith Bensford and Elizabeth the wife of John Fawcett their respective executors, administrators and assigns and the respective shares of such children to be absolutely vested on my decease And as to the remaining one fifth portion or share of my said trust estate upon trust to pay and assign the same unto and equally between all the children if more than one or to the child if only one of my late daughter Sarah the wife of Henry Bargh as shall attain the age of twenty one years and in the meantine to invest the monies forming such shares upon such securities real and personal or otherwise as my said trustees or trustee may think proper and apply the annual income arising therefrom towards the support and education of the children of my said late daughter Sarah during their respective minorities as my said trustees or trustee shall deem most advantageous for them I devise all real estates vested in me as trustee or mortgage at my decease unto the said Thomas Hemingway and John Gardener subject to the equities affecting the same respectively I appoint the said Thomas Hemingway and John Gardener to be joint Executors of this my Will Lastly I revoke all former Wills In Witness whereof I have hereunder set my hand this seventeenth day of November in the year of our Lord one thousand eight hundred and sixty four

 Joseph Beresford

 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 Alfred Alderson Robert Fanshawe jnr.

Proved at Derby the 5th day of October 1868 by the Oaths of Thomas Hemingway and John Gardener the Executors to whom administration was granted, The Testator Joseph Beresford was late of Mosborough in the parish of Eckington in the County of Derby Blacksmith and died on the 23rd day of June 1860, at Mosborough aforesaid, Effects under £100 Extracted by Alfred Alderson, Solicitor, Eckington