This is the last Will and Testament of me Robert Higginbottom Rose of Mosbrough in the parish of Eckington in the County of Derby Wheelwright and Farmer which I make in the several clauses indicated by the marginal numbers following that is to say 1. I appoint my dear wife Sarah sole Executor of this my Will. 2. I give all my household furniture, Books, Pictures Platte, Linen, China, Consumable stores, and other articles of domestic use in about or belonging to my dwelling house at my decease to my said dear wife absolutely 3. I give all that piece of land situate on Mosbrough Green in the Parish of Eckington aforesaid containing by survey one rood (more or less) bounded on the east by the Mansfield Turnpike Road, on the West by land now or late belonging to Thomas Hares Executors on the north by land now or late belonging to John Gray and on the south by land now or late belonging to Thomas Higginbottom which said piece of land were by the Eckington Inclosure Award Awarded to Samuel Rotherham late of Mosborough aforesaid who by his Will dated on or about the thirtieth of April One thousand eight hundred and twelve devised the same to his Grandson Francis Oates his heirs and assigns for ever And also the four Cottages Barr Cowhouse Stable shed and buildings on the said piece of land and all other of any the hereditaments conveyed by a certain Indenture dated on or about the fifteenth day of January One thousand eight hundred and thirty nine and made between Francis Oates of the first part myself of the second part, and Thomas Potter of the third to my said wife Sarah Rose and her heirs to the uses following that is to say to the use of my said wife during her life without impeachment of waste and to the intent that the Rents and annual proceeds thereof may be for her separate use as a feme sole and be altogether free from the debts control or engagements of any husband or husbands of hers and from and after her decease to the use of such person or persons (including specially my grandchild hereinafter mentioned) for such Estate or Estates and for such purposes and subject to such conditions powers and provisoes limitations charges and declarations and in such manner in all respects as my grandchild Rose Ann Archer the only child of my late daughter Ann Archer shall with the consent in writing of William Wake and Bernard Wake of Sheffield in the County of York Gentlemen or the survivor of them or the executors or administrators of such survivor (hereinafter referred to as my special trustees or trustee) and & notwithstanding any coverture of the said Rose Ann Archer by any deed or deeds to writing or writings with or without power of revocation and new appointment to by her after she shall have attained the age of twenty one years duly executed and attested appoint And for want of such appointment and so far as any such shall not extend to the use of the said Rose Ann Archer during her life without impeachment of waste and to the intent that the rents and annual proceeds thereof may be for her separate use as a feme sole and be altogether free from the debts control or engagements of any husband or husbands of her and after the decease of the said Rose Ann Archer to such uses in favour of any husband of her as shall survive her as she shall (by her last Will and Testament or any Codicil or codicils thereto which I authorized her to make notwithstanding any Coverture) appoint but so however that such uses shall not extend to give to or in favour of such husband a greater estate them an estate for his life without impeachment of waste and subject thereto To the use of all or such one or more of the issue of the said Rose Ann Archer within the limits allowed by law at such age or time or respective ages or times in such shares and in such manner and subject to such annual or other payments and such conditions and limitations over for the benefit of or relating to the said issue or some or one of them and with such provisions for their respective maintenance education or advancement as the said Rose Ann Archer shall notwithstanding any coverture by any deed or deeds writing or writings with or without power of revocation and new appointment to be by her duly executed and attested or by her last Will and Testament or any Codicil or codicils thereto appoint but so however that no appointee under this present use shall take as transmissible interest by virtue of any appointment by deed or writing or writings not in the nature of a Will until such appointee shall have attained the age of twenty one years or been married and for want of such appointment and so far as any such shall not extend to the use of the child if only one or the children if more than one of the said Rose Ann Archer his her and their heirs and assigns for ever such children to take in equal shares as tenants in common provided always that no child taking under any appointment to be made as aforesaid shall (unless the contrary shall be directed by some such appointment or appointments or by some other Deed or writing duly executed and attested as aforesaid) be entitled to any share of the unappointed part of the said premises without bringing his or her appointed share into hotchpot and accounting for the same accordingly Provided always that if any one or more of the said children shall die under the age of twenty one years and without leaving issue him her or them respectively surviving or born in due time after his her or their decease or respective deceases then as well the original share or shares of the child or children so dying as the share or shares which by virtue of this present proviso shall have survived or accrued to him her or them of and in the said premises shall go over to the other or others of the said children and his her or their heirs and assigns for ever such children to take in equal shares as Tenants in common Provided also that if any one or more of the said children shall die under the age of Twenty one years leaving issue him her or them respectively surviving or born in due time after his her or their decease or respective deceases then the share or shares to which child so dying would have been entitled absolutely under the limitations aforesaid in case he or she had attained the age of twenty one years shall be held upon trust for the children if more than one of the child if only one of the child so dying and their his or her heirs and assigns for ever such children to take in equal shares as tenants in common provided always that if all the children of the said Rose Ann Archer shall die under the age of twenty one years without leaving issue him her or them respectively surviving or born in due time after his her or their decease or respective deceases then after the decease of the said Rose Ann Archer and the failure of such issue as aforesaid and subject to any uses which my declared as aforesaid in favour of any husband of the said Rose Ann Archer who shall survive her the said premises shall be held upon the uses and subject to the provisions declared in clause 4 of this my Will. 4. I give all that copy hold piece of Land situate on Mosbro Green in the parish of Eckington aforesaid containing by survey one rood and twelve perches more or less bounded on the east by the Mansfield Turnpike Road on the west by land now or late belonging to Thomas Hares Executors on the north by the said freehold piece of land described in clause 3 of this my Will and on the south by land belonging to Edward Lomas and Also all the Dwelling house now used as a public house and in my own occupation and the cottages stable workshop erections and buildings upon the said piece of land and also all that freehold piece of land at Mosbrough aforesaid containing one rood and nineteen perches or thereabouts bounded on one side by the said Copyhold piece of land and on another by the Turnpike Road from Sheffield and formerly part of a common and allotted by the Commissioners under the Eckington Inclosure Act and now in my own occupation and all other my freehold and copy hold hereditaments save only the freehold hereditaments comprised in clause 3 of this my Wil ) to my said wife Sarah Rose and her heirs to the use of my said wife during her life without impeachment of waste and to the intent that the rents and annual proceeds thereof may be for her separate use as a feme sole and be altogether free from the debts control or engagements of any husband or husbands of her and after her decease To the use of such person or persons (including especially my child hereinafter mentioned) for such estate or estates and for such purposes and subject to such conditions powers and provisoes limitations charges and declarations and in such manner in all respects as my only living child Mary Ann Rose shall with the consent in writing of my special trustees or trustee and notwithstanding any coverture of the said Mary Ann Rose by any deed or deeds writing or writings with or without power of revocation and new appointment to be by her duly executed and attested appoint and for want of such appointment and so far as any such shall not extend to the use of the said Mary Ann Rose during her life without impeachment of waste and to the intent that the rents and annual proceeds thereof may be for her separate use as feme sole and be altogether free from the debts control or engagement of any husband or husbands of her and after the decease of the said Mary Ann Rose To such uses in favour of any husband of hers as shall survive her as she shall (by her last Will and Testament or any Codicil or codicils thereto which I authorize her to make notwithstanding any coverture) appoint but so however that such uses shall not extend to give to or in favour of such husband a greater estate than an estate for his life without impeachment of waste And subject thereto to the use of all or such one or more of the issue of the said Mary Ann Rose within the limits allowed by law at such age or time or respective ages or times in such shares and in such manner and subject to such annual or other payments and such conditions and limitations over for the benefit of or relating to the said Issue or some or one of them and with such provisions for their respective maintenance education or advancement as the said Mary Ann Rose shall notwithstanding any coverture by any deed or deeds writing or writing with or without power of revocation and new appointment to be by her duly executed and attested or by her last Will and Testament or any Codicil or codicils thereto appoint but so however that no appointee under this present use shall take a transmissible interest by virtue of any appointment by deed or writing or writings not in the nature of a Will until such appointee shall have attained the age of twenty one years or been married And for want of such appointment and so far as any such shall not extend to the use of the child if only one or the children if more than one of the said Mary Ann Rose his her and their heirs and assigns for ever such children to take in equal shares as tenants in common Provided always that no child taking under any appointment to be made as aforesaid shall unless the contrary shall be directed by some such appointment or appointment or by some other deed or writing duly executed and attested as aforesaid) be entitled to any share of the unappointed part of the said premises without bringing his or her appointed share into hotchpot and accounting for the same accordingly Provided always that if any one or more of the said children shall die under the age of twenty one years without leaving him her or them surviving or born in due time after his her or their decease or respective decease then as well the original share or shares of the child or children so dying as the share or shares which by virtue of this present proviso shall have survived or accrued to him her or them of and in the said premises shall go over to the other or others of the said children and his her or their heirs and assigns for ever such children to take in equal shares as Tenants in common Provided also that if any one or more of the said children shall die under the age of twenty one years leaving issue him her or them respectively surviving or born in due time after his her or their decease or respective deceased then the share or shares to which such child so dying would have been entitled absolutely under the limitations aforesaid in case he or she had attained the age of twenty one years shall be held upon trust for the children if more than one or the child if only one so dying and their his or her heirs and assigns for ever such children to take in equal shares as tenants in common Provided always that if all the children of the said Mary Ann Rose shall die under the age of Twenty one years without leaving issue him her or them respectively surviving or born in due time after his her or their decease or respective deceases then after the decease of the said Mary Ann Rose and the failure of such issue as aforesaid and subject to any uses which may be declared as aforesaid in favour of any husband of the said Mary Ann Rose who shall survive her the said premises shall be to the use of such person or persons for such estate or estates and for such purposes and subject to such conditions powers provisoes limitations charges and declarations and in such manner and form in all respects as the said Mary Ann Rose shall notwithstanding any coverture by any deed or deeds writing or writings with or without power of revocation and new appointment to be by her duly executed and attested or by her last Will or Testament or any Codicil or codicils thereto appoint And for want of such appointment and so far as any such shall not extend to the use of the said Mary Ann Rose her heirs and assigns for ever 5. I give all my leasehold hereditaments (if any) and all my personal estate (save such as is included in clause 2 of this my Will) to my said wife her executors administrators and assigns Upon Trust that she or they shall as early as conveniently may be after my decease sell such of the said premises as shall be of a saleable, nature by public Auction or private contract or partly by one means and partly by the other and subject to such conditions and in all respects in such manner as my said wife her executors administrators or assigns shall think proper and collect get in and convert into money all the residue of the said premises and upon Trust that she or they shall out of the proceeds arising from such sale collection getting in and conversion as aforesaid in the first place pay my debts (other than mortgage debts) funeral and testamentary expenses and in the next place apply the said proceeds in discharge of any mortgage money in excess of three hundred pounds due at my decease on the premises mentioned in clause 3 of this my Will And in the next place to apply such proceeds in discharge of any mortgage money due at my decease on the premises mentioned in clause 4 of this my Will and should there be any surplus after answering the purposes aforesaid Upon Trust to pay such surplus to my special Trustees or Trustee to the intent that they or he may hold the same upon Trust which will correspond as nearly as circumstances will admit with the uses and provisions declared in clause 4 of this my Will any mortgage money due from me and not paid under the provisions of this clause shall be charged upon the premises comprised in clause 3 save only that the premises comprised in clause 3 shall be onerated in exoneration all other property with the sum of three hundred pounds of that amount shall be due from me on mortgage at my decease subject and without prejudice to the life estates and interest created under clauses 3 and 4 of this my Will my special Trustees or Trustee may apply all or any of the rents or annual proceeds of the vested or presumptive share or shares of any infant or infants in the premises comprised in the said clauses 3 and 4 respectively for or towards his her or their maintenance or education and all or any of such income may be paid to any parent or guardian of such infants respectively to be so applied by such parent or guardian my said special Trustees or Trustee being after such payment wholly absolved from all responsibility to see to such application & my Special Trustees or Trustee may apply any part of the vested or presumptive share or shares of any infant or infant in the premises comprised in the said clauses 3 and 4 respectively for or towards putting him her or them respectively out apprentice or otherwise for his her or their respective benefit or advancement in the world 8. I empower my special Trustees or Trustee with the written consent of my wife during her life and afterwards when acting with regard to the premises comprised in or for the time being subject to clause 3 of this my Will with the written consent of my said Grandchild whilst she shall be living and be of the age of twenty one years or upwards and when acting with regard to the premises comprised in or for the time being subject to clause 4 of this my Will with the written consent of my said Daughter Mary Ann Rose whilst she shall be living and in all other respects without any consent to exercise with regard to all or any or any part of the premises comprised in or for the time being subject to clauses 3 and in respectively of this my Will all or any of the powers following that is to say (First) To collect the proceeds and to make any allowances to and arrangements with tenants lessees or occupiers (Second) To accept surrenders of any leases or tenancies (Third) To repair or remove buildings and erect additional or new ones (Fourth) to insure buildings against damage by fire (Fifth) To make drains or other improvements Sixth) To make leases for any period or periods whether definite or indefinite and either in consideration of rents or premiums or both or for any other considerations all premiums or other considerations not being rents or of the nature thereof to be regarded as capital (Seventh) to empower any lessee or assignee to purchase the reversion of any demised premises upon any terms definite or indefinite (Eighth) To sell herein making any reservations especially with regard to Mines Minerals Clay Timber or easements which may be thought proper (Ninth) To Enfranchise by means of capital money any copy hold hereditaments (Tenth) to Mortgage herein conferring on the Mortgagee or Mortgagees any powers especially of sale or lease which may be thought proper (Eleventh) to exchange or partition herein giving or receiving any money for equality of exchange or partition and all such money being regarded as capital (Twelfth) to invest monies upon any securities allowed by Law or upon mortgage of freehold Copyhold or Leasehold property in England (such Leasehold having at least fifty years to run at the time of investment) or upon the guaranteed or preferential stocks shares debentures Mortgages or securities of any municipal or other public Corporation or of any Company incorporated by Royal Charter or special Act of Parliament and for the time being paying a dividend upon their ordinary or nonpreferential Stocks or shares and such investments from time to time to change and vary 9. I declare that every person shall have any legal or other estate or interest in the premises comprised in or for the time being subject to Clauses 3 and 4 respectively of this my Will shall execute every Conveyance and assurance and do every act which my special Trustees or Trustee shall require and shall in all respects obey the directions of such special Trustees or Trustee as fully as if such Trustees or Trustee were absolutely benefical owners of the property for the time being to be dealt with I expressly exclude the person or persons for the time being acting under the direction of my said special Trustees or Trustee from enquiring or taking cognizance whether the acts or directions of such Trustees or Trustee are proper. 10. The provision made by Section 27 of the statute of 23 and 24 Victoria, Chapter 145 shall apply to the special Trustees or Trustee under this my Will 11. I give all real estates vested in me on any trust or by way of mortgage unto and to the use of my said wife Sarah Rose her heirs and assigns absolutely upon the trusts and subject to the equities affecting the same respectively the money secured upon any such mortgage to be regarded as part of my personal estate hereinbefore disposed of 12. I revoke all former Wills by me made and declare this to be my last Will and Testament In Witness whereof I have hereunto set my hand this fifth day of July One thousand eight hundred and sixty seven – Ro. H Rose – Signed and declared by the said Robert Higginbottom Rose the Testator as and for 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 hereunto subscribed our names as witnesses – Thos. Parkin Clerk to Messr. W. & B. Wake Solr. Sheffield – Joseph Rose Blacksmith Mosbrough Proved at Derby the twentyeighth day of October 1867 by the Oath of Sarah Rose, Widow the Relict the sole Executrix to whom administration was granted. The Testator Robert Higginbottom Rose was late of Mosbrough in the parish of Eckington in the County of Derby Wheelwright and Farmer and died on the thirtieth day of July 1867 at Mosbrough aforesaid. Effects under £800. Extracted by W. & B. Wake, Solicitors Sheffield
The Mosborough One-Place Study 