Last Will and Testament of Thomas Hutton of Mosborough, sickle manufacturer (1836)

This is the last Will and Testament of me Thomas Hutton of Mosbrough in the parish of Eckington in the County of Derby lately Sickle Manufacturer I give unto my executor hereafter named the two principal sums of one hundred and fifty pounds and one hundred and fifty pounds now owing to me on mortgage by Joseph Wroe and the stepdaughters of Joseph Ibberson upon trust immediately after my decease to call in the same monies and pay and divide the same as follows that is to say to my son Mark Hutton two hundred pounds part thereof and to my daughter Mary Hutton one hundred pounds residue thereof and I bequeath the same to them …… hereby directing that the several Mortgagors for the time being shall not be obliged to see to the application of their mortgage monies on paying the same but the receipts of my said executor shall be sufficient discharges for such mortgage monies respectively provided and it is my will that if the same mortgage monies or either of them shall happen to be paid off in my lifetime no deviation of the aforesaid legacies to my said son and daughter shall by such payment be made or take effect but they shall respectively have and be paid the same or the like legacies of sums of two hundred pounds and one hundred pounds wholly or partly out of other my personal estate as the case may be also I give and devise unto my said daughter Mary Hutton and to her heirs and assigns all that my copyhold close of parcel of land formerly part of an open field near Mosbrough aforesaid called Street field containing two acres and three roods or thereabouts now in my own possession and I give unto her my said daughter Mary Hutton and her assigns for her life one annuity or clear yearly sum of eight pounds payable half yearly out of the …… land and hereditaments hereinafter devised to my son Thomas Hutton I give and devise unto my son Dennis Hutton and to his heirs and assigns all that my copyhold messuage or dwellinghouse at Mosbrough aforesaid wherein I now reside with the workshop garden and appurtenances thereto belonging also my copyhold close of land situate near Mosbrough aforesaid formerly part of an open field called Church Field and now in the occupation of George Caterer containing two roods and twenty six perches or thereabouts and my part share and interest in and to a freehold close of land near Mosbrough aforesead called Mosbrough Meadow lately in the occupation of William Wooley I give and devise unto my son Thomas Hutton the younger all that my copyhold messuage or dwellinghouse with the croft formerly in two parts barns stables outbuildings and appurtenance thereto belonging late the property of my brother George Hutton deceased and now in the possession of my said son Thomas Hutton situate at Mosbrough aforesaid also a close of land on Mosbrough Green containing one acre near a dwellinghouse there belonging to my said son Thomas Hutton the younger which close is now in his possession and all other my freehold and copyhold hereditaments whatsoever and wheresoever not hereinbefore by me disposed of to hold to him my said son Thomas Hutton the younger and to his heirs and assigns subject to and charged with the payment of the aforesaid annuity of eight pounds a year to my said daughter Mary Hutton for her life and I direct that she shall have power to distrain for the same as for rent in arrear in case default be made in payment thereof also subject to and charged with the payment of a legacy or sum of forty pounds a piece to my grand children Jane Hutton Ann Hutton Joseph Hutton and George Hutton children of my late son George Hutton deceased when and as they attain their respective ages of twenty one years and with or without interest as my said son Thomas Hutton or his heirs may think proper and in case of the death of any of my said grandchildren under the age of twenty one years leaving issue then I give the legacy as well ….. as ….. of each of them so dying unto such issue as the aforesaid are and … leaving issue then the share of such of them so dying as last aforesaid shall go and be paid to the survivors of them equally also subject to the payment of a legacy or sum of one hundred pounds unto my grandson Joe Morton son of my late daughter Anne Morton deceased payable to him on his attaining the age of twenty one years and with or without interest in the meantime as my said son Thomas Hutton or his heirs may think proper and in case of the death of the said Joe Morton under the aforesaid age leaving issue then I give the said legacy or sum of one hundred pounds unto his issue equally if more than one but in case of his death under the said dye and without leaving issue then I direct that the said sum of one hundred pounds shall lapse and not be paid payable or chargeable and I do give unto my said son Thomas Hutton all my household furniture plate linen china and ready money also all my money out at interest not hereinbefore specifically bequeathed and all other impersonal estate and effects whatsoever and wheresoever for his own use he paying all my just debts funeral testamentary and other expenses and the legacies hereinbefore given and I do appoint my said son Thomas Hutton sole Executor of this my Will and do revoke and former wills by me made In witness whereof I the said Thomas Hutton the testator have to this my last Will and Testament contained in three sheets of paper set my hand and seal that is to say my hand to the first two sheets hereof and my hand and seal to this third and last sheet the eighteenth day of June in the year of our Lord one thousand eight hundred and thirty six

Signed Sealed Published and declared                                         Thomas Hutton
by the said Thomas Hutton the testator
as and for his last Will and Testament in
the presence of us who at his request and in
the presence of each other have hereunto
subscribed our names as witnesses

I the above named Thomas Hutton the Testator do by this Codicil to be added to and taken as part of this my Will revoke the legacy or bequest of my household furniture plate linen and china thereby made to my son Thomas Hutton and do give the same effects unto my daughter Mary Hutton for her own use In all other respects I do confirm my said Will As Witness my hand this twenty ninth day November one thousand eight hundred and thirty six                                                                    Thomas Hutton

Signed sealed and published in the presence of us

Josh Heywood
…… Fearn