This is the last Will and Testament of me Thomas Higginbotham of Mosbro in the County of Derby Farmer. I will and direct that all my just debts and Funeral and Testamentary Expenses be paid by my Executors hereinafter named and appointed out of my personal estate. I give to my nephew Robert Higginbotham Rose all my share and interest in a certain Friendly or Sick Club held at the White Hart Inn in the county of Derby for his absolute use and benefit. I give devise and bequeath unto Mr Harvey Slagg of Mosbro aforesaid Maltster and Mr George Mullins of Mosbro in the county of Derby, Farmer All and singular my Customary or Copyhold Messuages Farms Lands Tenements and hereditaments wheresoever situate And also all my Household Goods and Furniture Farming Stock Monies Securities for Money be the same by mortgage or otherwise and all other my real and personal Estate property and effects whatsoever and of what nature or kind soever To hold the same unto them the said Harvey Slagg and George Mullins their heirs executors administrators and assigns according to the respective natures and titles thereof To for and upon the Trusts intents and purposes hereafter declared and expressed concerned concerning the same that is to say Upon Trust that they my said Trustees or the survivor of them or the Executors or Administrators of such survivor do and shall in the first place make sale of and convert into money all and every my Household Goods and Furniture Farming Stock and all other my personal estate property and Effects and also collect and get in all my Debts and all monies owing to me and to stand possessed thereof and all monies belonging to me Upon Trust to place and invest the same in or upon Government or Freehold or Leasehold Mortgage Securities at Interest with power to alter and vary the same from time to time as they may think proper And then Upon Trust to stand possessed of the Interest Dividends and profits arising from my said personal estate and of the rents arising from said Copyhold or real estates in trust to pay apply and divide the same equally between and amongst my two sisters Mary Rose and Jane Mason for and during the respective terms of their natural lives and from and immediately after the decease of either of my Sisters Then upon trust to pay the share and proportion of such annual income rents and profits which such deceased sister if living would have received equally between the children of such deceased sister as shall be then living share and share alike until the decease of the survivor of my said Sisters And from and after the decease of the survivor of my said Sisters And from and after the decease of such survivor Then Upon Trust that they my said Trustees or Trustee for the time being do and shall permit and suffer my nephew John Rose to have the full and free use and enjoyment and occupation of all my Customary or Copyhold Messuage with the buildings and homestead adjoining situate in Mosbro aforesaid together with the Orchard Garden and Croft thereunto attached and to either occupy the same or receive the rents and profits thereof for and during the term of his natural life and from and after his decease then Upon Trust to convey and surrender the same last mentioned copyhold premises unto and to the use of the eldest or first born son of the said John Rose if then living and to his heirs and assigns and if the eldest son of the said John Rose shall not then be living but shall have died leaving lawful issue Then Upon Trust to convey and surrender the same unto and to the use of such issue and to their, his or her heirs and assigns equally share and share alike and in case there shall be no such issue of such Eldest son of the said John Rose then Upon trust to convey and surrender the same unto and to the next or second son of the said John Rose and to his heirs and assigns and if he shall not be then living but shall have died leaving lawful issue then Upon trust to convey and surrender the same unto and to the use of such issue and to their, his or her heirs and assigns equally share and share alike and in case there shall be no such issue of the said next or second son of the said John Rose then and in such case Upon trust to convey and surrender the same unto such person or persons and in such manner as the said John Rose shall by deed or will duly executed direct limit or appoint give or devise the same And in default of such direction, limitation or appointment by the said John Rose then Upon trust to convey or surrender the same unto the heir at Law of the said John Rose and his or her heirs for his or her absolute use and benefit and to and for no other use trust intent or purpose whatsoever And I give and devise the same accordingly And from and after the decease of the survivor of my said two Sisters then upon trust that they my said Trustees do and shall convey and surrender to the said Robert Higginbotham Rose his heirs and assigns all that copyhold close piece or parcel of land called the Croft situate in Mosbro aforesaid on the left side of the Turnpike Road leading towards Sheffield and numbered in the award under the Eckington Inclosure No. 216 and I give and devise the same accordingly And as to all the rest and residue of my said Copyhold Freehold and Real Estate upon Trust that they my said Trustees and the survivor or survivors of them and the heirs, executors or administrators of such survivor do and shall stand and be possessed thereof upon trust to make sale and dispose thereof either by public auction or private contract or otherwise at their discretion for the best price or prices that can be reasonably obtained for the same respectively and I hereby declare that the receipt or receipts of my said trustees or trustee for the time being shall be effectual discharges to the purchaser or purchasers thereof for his, her or their purchase monies and such purchaser or purchasers shall not be answerable for any loss, misapplication or nonapplication of such purchase monies or purchase money or any part or parts thereof And I do hereby will and direct that my said Trustees or Trustee for the time being do and shall stand and be possessed of the monies arising from such sale or sales and also all other the residue and remainder of my said trust monies and all other my personal Estate property and Effects Upon trust to pay distribute and divide the same unto and equally between and amongst the children of my said two Sisters Mary Rose and Jane Mason who shall be then living share and share alike (excepting thereof my nephew John Rose) and the issue of such of my Nephews and Nieces as shall be then dead such issue only taking amongst them the share to which their parent if living would have been entitled to Provided and I do hereby direct that my nephew the said Robert Higginbotham Rose shall have shall have the sum of Thirty pounds deducted from his share of the said residue in consideration of the Devise made to him of the said Copyhold Croft And I do hereby direct and declare that they the said Harvey Slagg and George Mullins or either of them their heirs executors of administrators shall not be answerable for or liable to make good any casual or involuntary loss which may happen to the said Trust monies or Securities for the same or to any part of the said Trust Estates without his or their wilful default nor shall they or any of them be answerable or accountable the one for the other of them or for the acts deeds neglects or defaults of the other of them but each of them for his own acts and deeds only and for such money or monies only as shall actually come to his or their several and respective Hands nor with or for any loss or damage which shall or may happen by depositing all or any of the trust monies aforesaid in any Bank or Bankers Hands or elsewhere for safe custody nor with or for any loss or damage which shall or may happen without their wilful default And that it shall and may be lawful to and for them the said Trustees respectively and their Executors and Administrators to deduct and reimburse themselves respectively all such loss costs charges and expenses as they may respectively sustain expend or be put to in or about the execution of the trusts hereby in them reposed or in anywise relating thereto And I do hereby nominate and appoint the said Harvey Slagg and George Mullins Executors of this my Will hereby revoking all former will and Codicils thereto by me made at any time heretofore and do declare this only to be my last Will and Testatment In Witness whereof I the said Testator Thomas Higginbotham have hereunto set my hand and seal (that is to say) my hand to the three preceding sheets of paper and my hand and seal to this fourth and last sheet this twentysixth day of November in the year of our Lord one thousand eight hundred and thirty six.
Signed sealed published and declared by
the said testator as and for his last Will
and Testament in the presence of us who in Thomas Higginbotham (his mark)
his presence at his request and in the
presence of each other have hereunto
subscribed our Names as Witnesses
Charles Taylor
John Parr
Sarah Armitage
The Mosborough One-Place Study 