Last Will and Testament of Luke Staniforth of Mosborough, Gentleman (1825)

This is the last Will and Testament of me Luke Staniforth of Mosbrough in the Parish of Eckington in the County of Derby, Gentleman. First I will and direct that all my just Debts Funeral and Testamentary Expenses shall be paid and discharged by my Trustees and Executors hereinafter named out of my Personal Estate and Effects in which Debts I include a Bond Debt of Two hundred and fifty Pounds payable to my Niece Sarah Flather six months after my decease and also such simple contract Debt as I may happen to owe to her for Wages or otherwise and I do give and bequeath unto my said Niece Sarah Flather, All my Household Furniture Plate Linen and China and other Household Effects for her own absolute use and benefit. Also I do give devise and bequeath unto my said Niece Sarah Flather, All that my Copyhold Messuage or Dwellinghouse with the Garden and Appurtenances thereto belonging situate and being at Mosbrough aforesaid and now in my own possession, To hold to my said Niece Sarah Flather her Heirs and Assigns for ever Subject nevertheless to and charged and chargeable with the payment of the Sum of One hundred Pounds to my nephew John Staniforth, and the sum of Twenty five Pounds to each of his Brothers and Sisters, my Nephews and Nieces, Joseph Staniforth, Samuel Staniforth, Thomas Staniforth, Robert Staniforth, Harriet the Wife of Thomas Ward, and Elizabeth Staniforth, at the expiration of two years next after my decease, unless any of my said last mentioned Nephews or Nieces shall be then infants in which case the respective legacies of such of them as shall happen to be under the age of Twenty one years shall be paid to him her or them respectively upon attaining that age and not before, but without Interest, and in case of the death of any of my said last mentioned Nephews and Nieces under the age of Twenty one years leaving lawful Issue, then I will and direct that such issue shall be entitled to the legacy of his or their deceased Parent or Parents, share and share alike, but in case of the death of any of them under the said age of Twenty one years without having lawful Issue, then that the legacy of him her or them so dying as last aforesaid shall go and be paid to the Survivors or Survivor of them share and share alike. Also I do give devise and bequeath unto my said Niece Sarah Flather, All that my Freehold Messuage or Dwellinghouse with the outbuildings and Appurtenances thereto belonging situate and being at Hackenthorpe in the said County of Derby, as the same are now in the occupation of David Taylor. And also all that my Freehold Close or Parcel of Land situate and being at Killamarsh in the said County of Derby called the Pingle, now in the occupation of Widow Bright To hold the same unto my said Niece Sarah Flather her Heirs and Assigns for ever. Also I do give and bequeath unto my Friends William Lockwood of Sheffield in the County of York Merchant, and Thomas Hutton of Mosborough aforesaid, Sickle Manufacturer, All and singular my Freehold and Copyhold Messuages Lands Tenements and Hereditaments whatsoever situate and being at Mosbrough Moor Hole in the Parish of Eckington aforesaid, and also at Hollin End and Woodthorpe Common, both in the parish of Handsworth in the said County of York, or elsewhere not hereinbefore by me disposed of, to hold to them the said William Lockwood and Thomas Hutton and the Survivor of them his Executors and Administrators for the Term of two years to commence and be computed from the Day of my decease Upon trust during the said Term to receive and take the Rents Issues and Profits of my said Freehold and Copyhold Estates so devised and bequeathed to them as aforesaid, and apply the same and all accumulation thereof, together with the Interest Dividends and annual Produce to arise from the Monies and Effects hereinafter bequeathed to them, in aid of my Personal Estate for the purposes of this my Will. And from and immediately after the Expiration of the said term of two years, I do give devise and bequeath unto my Nephew Jonah Hawkrigg, All that my Freehold Close or Parcel of Land situate lying and being at or near Hollin End in the parish of Handsworth aforesaid and now in the occupation of Joseph Jackson, to hold to him my said Nephew his Heirs and Assigns for ever. Subject nevertheless to and charged and chargeable with the payment of an Annuity or clear yearly Sum of Five Pounds, which I give unto my Brother Thomas Staniforth and his Assigns during his natural life, to be paid and payable to him by two half yearly Payments, the first payment thereof to begin and be made at the end of six months next after the expiration of the Term of two years abovementioned. And in case the said Annuity shall at any time be in arrear and unpaid by the space of twenty days next after the same shall become due and payable according to this my Will, I do direct and declare that it shall be lawful for my said Brother or his assigns to enter into or upon the said Close and Premises or any part thereof and distrain for the same Annuity and the Distress or Distresses then and there taken to distrain and keep until payment and satisfaction of all arrears of the said Annuity and all costs and Charges attending such distress or distresses, in the same manner as for Rent in arrear and from and after the decease of my said Brother Thomas Staniforth, then subject nevertheless to and charged and chargeable with the Payment of the Sum of One Hundred Pounds, which I give unto my Niece Elizabeth Staniforth, one of the daughters of my said Brother Thomas Staniforth her Executors and Administrators, to be paid to her or them by my said Nephew Jonah Hawkrigg his Heirs or Assigns within twelve calendar months next after the decease of my said Brother Thomas Staniforth. And I do give devise and bequeath unto my Nephew Elijah Naboth Staniforth, All that my Messuage or Dwellinghouse with the outbuildings and appurtenances thereto belonging, situate and being at Mosbrough Moor Hole in the Parish of Eckington aforesaid, together with the several closes Pieces or Parcels of Land thereto belonging and therewith held and enjoyed, as the same are now in the possession of my said Nephew Elijah Naboth Staniforth, and are partly freehold and partly Copyhold. And also all that my one undivided fourth part and all other my part share and interest in and to the Freehold Grinding Wheel land and Hereditaments situate on Woodthorpe Common in the parish of Handsworth aforesaid called Birley Moor Upper Wheel, and all other my Freehold and Copyhold Estate whatsoever and wheresoever not hereinbefore by me disposed of, To hold the same unto my said Nephew Elijah Naboth Staniforth and his Assigns during his natural life, and from and after his decease, I do give devise and bequeath all the said last mentioned Freehold and Copyhold Estates unto his son Luke Staniforth his Heirs and Assigns for ever. Also I do give and bequeath unto the said William Lockwood and Thomas Hutton (who are hereinafter appointed Executors of this my Will) All and singular my ready Money, Money out at Interest and the respective Mortgages Bonds Notes and other Securities for the same. And all other my Personal Estate and Effects not hereinbefore by me disposed of, To hold the same upon the several Trusts and for the Intents and Purposes hereinafter expressed and declared, that is to say, Upon trust that they my said Trustees and Executors or the Survivor of them his Executors or Administrators do and shall as soon as conveniently may be after my decease with reference to the trusts of this my Will, convert into Money all such part of my said Estate and Effects as shall not consist of Money and thereout pay and discharge my Debts Funeral and Testamentary Expenses and subject thereto, I do will and direct that they my said Trustees and Executors or the Survivor of them his Executors and Administrators do and shall stand possessed from my said Personal Estate and Effects Upon further trust to receive and take the Interest Dividends or annual Produce of such Monies for and during the Term of two years to commence and be computed from the Day of my decease, and apply the same annual produce and all accumulation thereof, together with the Rents and profits of my Freehold and Copyhold Estates hereinbefore devised to them in aid of my Personal Estate for the purposes of this my Will. And from and after the expiration of the said Term of two years, Upon further trust that they my said Trustees and Executors or the Survivor of them his Executors or Administrators, do and shall pay and I do give and bequeath the following Legacies that is to say to my Nephews and Nieces John Castle, Jonathan Castle, Mary the wife of George Bingham, and the said Sarah Flather, the sum of Fifty Pounds each, to my late Wife’s Nephew David Haslehurst the sum of Two Hundred Pounds, to my late Wife’s Nieces Martha, the wife of William Andrews and Ellen the wife of Thomas Shelton, the sum of one hundred and fifty pounds each, and to my great Nephew James Stocks the sum of Fifty Pounds which said several legacies I do direct shall be paid as soon as conveniently may be after the expiration of the said Term of two years, except the legacy to the said James Stocks (who is now a minor) which shall be placed out at Interest for his benefit during his Minority and paid to him upon attaining his age of twenty one years, the Interest thereof in the mean time being applied towards his maintenance and Education. But in case of his death under the age of twenty one years and without having lawful issue then I do direct that the same legacy shall sink into and become part of my residuary Estate. And upon further trust that they my said Trustees and Executors or the Survivor of them his Executors or Administrators do and shall as soon as conveniently may be after the expiration of the said Term of Two Years, put and place out the Sum of One hundred Pounds upon Government or Mortgage or other good Security in their names or otherwise and pay the interest thereof unto my said Brother Thomas Staniforth during the Term of his natural life and from and after his decease do and shall call in and receive the said Sum of one hundred pounds so to be placed out as aforesaid, and pay and divide and I do give and bequeath the same, unto and equally between Ellen the Wife of Thomas Wood, and Mary the Wife of ………….. (blank) Bossomworth, two of the daughters of my said Brother Thomas Staniforth, and to their Executors and Administrators share and share alike. And upon further trust that they my said Trustees or the Survivor of them his Executors or Administrators do and shall as soon as conveniently may be after the expiration of the said Term of two years, put and place out the further sum of One hundred Pounds upon Government or Mortgage or other good Security in their names or otherwise, and pay the Interest thereof into the proper hands of my late Wifes Niece, Elizabeth the wife of John Parr, during her natural life, or into the hands of such Person or Persons as she shall by any note in writing under her hand from time to time (but not by way of anticipation) appoint to receive the same, to the intent the same may not be subject to the Debts Contracts or control of her present or any future Husband. And I do direct that the Receipt or Receipts alone of the said Elizabeth Parr or of such Person or Persons as she shall appoint as aforesaid, notwithstanding her Coverture, shall from time to time be good and sufficient discharges to my said Trustees and Executors for the aforesaid Interest, and from and after the decease of the said Elizabeth Parr Upon further trust that they my said Trustees and Executors or the Survivor of them his Executors or Administrators, do and shall call in and receive the said sum of One hundred pounds to be placed out as last aforesaid, and pay and divide and I do give and bequeath the same, unto all and every the Child and Children of the said Elizabeth Parr their Executors and Administrators respectively, if more than one, equally share and share alike, on attaining their respective ages of twenty one years, and if only one such child then to such only Child his or her Executors or Administrators And upon further trust that they my said Trustees and Executors, or the Survivor of them his Executors or Administrators, do and shall pay, and I do give and bequeath, all the rest residue and remainder of the Money to arise from my Personal Estate and Effects, after the several payments and provisions aforesaid, unto my Nephew the said Elijah Naboth Staniforth, and my Niece the said Sarah Flather (who I do appoint my residuary legatees) equally to be divided between them share and share alike, and to their respective Executors Administrators and Assigns. And I do nominate institute and appoint the said William Lockwood and Thomas Hutton joint Executors of this my Will. And I do direct and declare that they my said Trustees and Executors or the Survivor of them his Heirs Executors Administrators or Assigns, shall be charged and chargeable for such sum and Sums of Money only, as they or he shall respectively actually receive or which shall come to them of his respective Hand by virtue of this my Will, and that they shall not be answerable or accountable one for another, or for the Heirs Executors Administrators Acts Deeds or defaults. And that they or any of them shall not be answerable or accountable for any Banker Broker or other Person with or to whom or in whose Hands any part of the said Trust Monies shall be intrusted or deposited for safe custody until the same be placed out as hereinbefore mentioned, or otherwise in the Execution of the Trusts hereby reposed in them or him, nor for any Person or Persons acting under or employed by them or him in the receipt payment management or disposal of any of the said Trust Monies and Premises in the execution of the same trusts or any of them. And that they or any of them shall not be answerable or accountable for the rise or fall in the price or value of Stocks, or the insufficiency of deficiency in Title or value of any Security or Securities in or upon which the said Trust Monies and Premises or any part thereof shall be placed out or invested, nor for any misfortune loss or damage which may happen to the said Monies and Premises or any of them or any part thereof in the Execution of the Trusts relating thereto, and particularly for any loss of damage which may arise by continuing the Money which shall be owing to me at the time of my decease, upon the same Notes or other Securities which I may have taken in my life time, in case my said Trustees and Executors or the Survivor of them his Executors or Administrators shall think proper to continue the same Monies or any of them upon such Securities until such Monies shall be actually required for answering the purposes of this my Will, save and except nevertheless any loss or losses which shall happen by or through their or his own wilful neglect or default respectively, and then in that case, he or they respectively shall singly and alone, be answerable for such loss or damage as shall arise from such his or their own respective Act neglect or default, And also that it shall be lawful for my said Trustees and Executors and their respective Heirs Executors and Administrators and he and they are hereby authorised and empowered by and out of any Monies which shall come to their or his hands by virtue of the Trusts of this my Will, to deduct retain and reimburse themselves and himself respectively, and also to pay and allow to his and their co-trustee and Co-trustees, all such costs charges damages and expenses, as they or any of them shall bear pay sustain expend or be put unto in the Execution of the Trusts of this my Will or in anywise relating thereto. And I do hereby revoke and make void all former Will and Wills by me at any time heretofore made. In witness whereof I the said Luke Staniforth the Testator have to this my last Will and Testament contained in Seven Sheets of Paper set my Hand and Seal, that is to say, my Hand to the first six Sheets hereof and my Hand and Seal to this Seventh and last Sheet, the fifth Day of February in the year of our Lord one thousand eight hundred and twenty five.

Signed Sealed Published and declared by the said Luke                           Luke Staniforth
Staniforth the Testator as and for his last Will and
Testament in the presence of us who at his request
in his presence and in the presence of each other
have hereunto subscribed our names as Witnesses

The word “David” between the eighteenth and nineteenth
lines from the top of the fourth sheet having been
first written on erasure

Jos. Haywood of Sheffield Attorney at Law
John Gray – of Mosbrough Farmer
Francis Rotherham – of Mosbrough Carpenter

This is a Codicil to the last Will and Testament of me the above named Luke Staniforth Whereas I am desirous of increasing the provision made by my said Will for my Niece Sarah Flather in consideration of the great care and attention which I have received from her during my long illness Now I do give and bequeath unto her my said Niece one annuity or clear yearly sum of Fifteen pounds to be paid to her out of any Real and Personal Estate and Effects by the Devisees in trust and Executors named and appointed by my said Will for the term of two years to commence from the day of my decease during which time the same Estate and Effects will remain in their hands under the trust of my said Will And from and after the expiration of the said term then I do give and bequeath unto my said Niece Sarah Flather and her assigns one annuity or clear yearly sum of Ten Pounds during the remainder of her natural life to be paid to her by my Nephew Elijah Naboth Staniforth during his life and by his son Luke Staniforth his Heirs and assigns afterwards out of the Freehold and Copyhold Estates devised to them in and by my said Will by two equal yearly payments to commence from the expiration of the said term of two years abovementioned And I do hereby charge and make liable the same last mentioned Estate with the payment of the said last mentioned annuity. Also from and after the expiration of the said term of two years I do give and bequeath unto my said Niece Sarah Flather and her Assigns one other annuity or clear yearly Sum of Five Pounds during the remainder of her natural life to be paid to her by my Nephew Jonah Hawkrigg his heirs and assigns out of the Close or Parcel of Land at and near Hollin End devised to him by my said Will by two equal yearly Payments to commence from the expiration of the said term ………………. (one line illegible owing to a fold in the paper) and make liable the yearly sum last mentioned with the payment of the said last mentioned Annuity and in case the said two last mentioned annuities or either of them shall be in arrear or unpaid for twenty days after the same shall respectively become due under this my Will I do declare that my said Niece Sarah Flather and her assigns shall have power to enter and distrain the respective Estates charged therewith for the same annuities or such of them as shall be unpaid and sell the distress or distresses in the same manner as for Rent in arrear and in all other respects I do ratify and confirm my said Will and do direct that this Codicil shall be added to and taken as part thereof in witness whereof I have hereunto set my hand this third day of October one thousand eight hundred and twenty five.

Signed published and declared by the said Luke Staniforth
as and for a Codicil to his last Will and Testament in
the presence of us who at his request in his presence
and in the presence of each other have hereunto subscribed
our names as witnesses.

Jos. Haywood of Sheffield Attorney at Law
Rd. Marsh of Mosbrough schoolmaster
Gilbert Hutton of Mosborough sickle manufacturer