This is the last Will and Testament of me Joseph Oates of Troway in the Parish of Eckington in the County of Derby Woodman I bequeath all my Interest (if any) of and in the sum of Fifteen pounds now standing in the joint names of myself and my present wife Fanny in the Sheffield and Hallamshire Savings Bank to my said wife absolutely (such money being my said wifes property before our marriage) I bequeath to my said wife the use and enjoyment of the household Furniture and Utensils and the plate books and pictures of which I shall die possessed during her life if she shall so long continue my Widow And after her decease or marriage whichever may first happen I direct the same articles to be disposed of as part of my perpetual estate I devise all the real estate to which I shall be entitled at my decease (except estates vested in me as trustee or mortgagee) and I bequeath the residue of the perpetual estate to which I shall be then entitled to my Friends John Rose of Mosbro in the said Parish of Eckington Farmer and Joseph Alton of Plumbley in the parish aforesaid Farmer their heirs & Executors administrators and assigns respectively upon the following Trusts that is to say as to my close of land situate at the top of Beighton Hollow in the said Parish of Eckington and called Little Windmill Field Upon Trust as soon as conveniently may be after my decease to divide the said Close into two equal lots in admeasurement by a division wall running east and west from the Highway there And upon each lot to erect and build a substantial dwelling house the expense of the whole of such two dwelling houses and wall to be paid and defrayed out of the sum of one hundred and seventy pounds hereinafter set apart out of my personal Estate for that purpose And upon further Trust as to the lot on the South Side of the said Field and the dwelling house erected thereon to stand possessed thereof In Trust for my daughter Lucy the Wife of Thomas Peat for her life and after her death I devise the same hereditaments and premises to the use of her child if only one or of her children in equal shares if more than one in fee simple with cross executory limitations of the shares original and accruing of each of the same children in the event of his or her dying under the age of twenty one years of without having been married to the use of the others in equal shares and the other in fee simple with a limitation over of the entirety in the event of their being no child of my same daughter or no such child who shall attain the said age or marry to the use of my daughter Elizabeth the Wife of George Mullins for her life and after her death to such uses and limitations in favor of the child or children of my said daughter Elizabeth Mullins as are next hereinafter mentioned and declared respecting the other Lot on the North side of the said Little Wind Mill Field and as to the other Lot on the North Side of the said Little Windmill Field and the dwelling house to be erected thereon to stand possessed thereof In trust for my said daughter Elizabeth Mullins for her life and after her death I devise the same hereditaments and premises to the use of her child if only one or of her children in equal shares if more than one of her in fee simple with Cross executory limitations of the shares original and accruing of each of the same children in the event of his or her dying under the age of twenty one years without having been married to the use of the others in equal shares and the other in fee simple with a limitation over of the entirety in the event of there being in child of my same daughter or no such child who shall attain the said age or marry to the use of my said daughter Lucy Peat for her life and after her death to such uses and limitations in favor of the child or children of my said daughter Lucy Peat as are hereinbefore mentioned and declared respecting the other lot on the South Side of the said Little Wind Mill Field And as to the residue of my real Estate upon Trust to permit my said wife during her life she so long continuing my widow to occupy for her own benefit the Cottage adjoining my farm premises at Mosbro ‘ now in my own occupation with the appurtenances and upon Trust to receive the rents and profits of my said residuary real Estate during the life of my said wife she continuing my Widow and out of the same to pay and allow unto my said wife Fanny the weekly sum of Seven shillings per week payable quarterly for her life if she shall continue my Widow the first quarterly payment to be due at the end of the first three months after my decease And as to the remainder and residue of such rents and profits (if any) Upon Trust to pay and dispose of the same as and when received for or towards the maintenance and education of the child or children of my late son Jonathan Oates and for such of them and in such manner as to my said Trustees shall seem best and after the decease or marriage of my said Wife Then my said Trustees to stand possessed of the residue of my said Real Estate upon the following Trusts that is to say as to my homestead at West Mosbro’ aforesaid and the cottage adjoining herein before mentioned and my two closes called Townshead Close and Green Piece To the use of my Grandson Joseph Oates the Son of my said late Son Jonathan Oates his heirs and assigns on his attaining the age of twenty one years But in case he shall die before attaining that age then upon Trust to sell the same either together or in parcels by public Auction or private contract and to divide the money arising from such sale or sales after deducting all expenses attending the same unto and equally between the then surviving children if more than one or child if only one of my said Son Jonathan Oates including in such division his daughter Mary Ellen by his first wife (if then living) and as to the remaining part of the residue of my said Real estate not hereinbefore disposed of and the residue of my personal Estate upon Trust to sell such part of my said real Estate after the death or marriage of my said Wife together or in parcels by public Auction or private contract and to convert and get in my residuary personal Estate and out of the monies from time to time arising therefrom to set apart as soon as convenient after my decease the sum of one hundred and seventy pounds to be laid out and expended by my said Trustees as hereinbefore mentioned in building two dwelling houses and a division wall upon my said Little Wind Mill Field and to invest the residue of such monies arising as aforesaid as may from time to time come to their hands during the life and widowhood of my said Wife in or upon any of the public Stocks funds or Securities of the United Kingdom or any Real Securities in England or Wales or in any joint Stock Bank or Savings Bank in England with liberty for the said Trustees to vary and transpose the investment from time to time for any other Investment of the description aforesaid and upon further Trust to receive the annual Income thereof during the life and Widowhood of my said wife and apply the same for and towards the maintenance and education of the child or children of my said Son Jonathan Oates deceased and for such of them and in such manner as to my said Trustees shall seem best And after the decease or marriage of my said wife as to the same monies stocks funds and Securities and the annual Income thenceforth to become due for the same upon trust to pay thereout the sum of Fifty pounds to each of my said daughter Lucy Peat and Elizabeth Mullins their executors or administrators and as to the residue of the same upon Trust as to one moiety thereof to pay and divide the same unto and equally between all the children if more than one of the child if only one of my said Son Jonathan Oates deceased but exclusive of his said Son Joseph Oates (who I have hereinbefore provided for) but inclusive of his said daughter Mary Ellen as shall be living at the decease or marriage of my said wife and as to the other Moiety thereof upon trust to pay and divide the same unto and equally between the children if more than one or the child if only one of my late daughter Harriett Fowler deceased living at the decease or marriage of my said wife I devise all the real Estate which at my decease will be vested in me as Trustee or Mortgagee to my said Trustees subject to the equities affecting the same respectively I declare that the Trustees or Trustee for the time being of my Will shall not be answerable for each others acts or receipts nor for any losses happening without their own respective default and shall be at Liberty to retain and allow to each other all expenses incident to the execution of the trusts and powers of my Will I appoint the said John Rose and Joseph Alton to be Executors of my Will and request each of them to accept a legacy of Five pounds as an acknowledgement for the trouble which they will have in the execution of my Will And I revoke all former Wills In witness whereof I have hereunto set my hand this thirtieth day of January in the year of our Lord one thousand eight hundred and sixty three – Joseph Oates – 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 , Solr Eckington Nr Chesterfield – Robert Fanshaw his Clerk – Proved at Derby the twenty eighth day of September 1865 by the oaths of John Rose and Joseph Alton the Executors to whom Administration was granted The Testator Joseph Oakes was late of Troway in the Parish of Eckington in the County of Derby Woodman and died on the eleventh day of May 1865 at Troway aforesaid Effects under £450 Extracted by Alfred Alderson, Solicitor, Eckington
The Mosborough One-Place Study 