Will of Daniel STALEY (c1741-1805)

South Derbyshire Wills Collection
--- Daniel STALEY (c1741-1805) ---
Farmer of Newhall

[Text of Will]
This is the last will and testament of me Daniel Staley of the Township of Newhall in the parish of Stapenhill in the County of Derby, Farmer. I will and order all of my just debts, funeral and testamentary expenses to be fully paid and satisfied by my executors hereinafter named by and out of my personal estate as soon as conveniently may be after my decease.
I give, devise and bequeath to Humphrey Trafford Nadin of Church Gresely in the said County of Derby Esquire and John Wilkinson of Newhall aforesaid yeoman all my messuages, lands, tenements, hereditaments and real and personal estates to hold to them, their heirs, executors, administrators and assigns until Richard Moon the youngest of my reputed sons by Elizabeth Moon shall attain his age of twenty one years upon trust that they, my said trustees, (or the survivor of them, his heirs, executors, administrators or assigns), shall and do manage and carry on my farm at Newhall aforesaid and pay and apply the rents, issues and profits of all and every of my said real and personal estates in for and towards the support, maintenance and education of all my reputed children by the said Elizabeth Moon until the said Richard Moon my youngest reputed son shall attain his said age of twenty one years and equally share and share and share alike.

And it is my will and desire that my said trustees or trustee for the time being shall recruit and keep up the stock upon my farm as they in their discretion shall see occasion or think proper and that the same shall not be diminished. And in case any of my said reputed children by the said Elizabeth Moon shall be married before my said reputed youngest son shall attain his age of twenty one years that then it is my will and desire that non of their husbands or wives shall come to my farm or be maintained there or have their abode there. That it is also my will and desire in case my reputed children or any of them shall not be steady to business but instead shall be wild and diminish the stock that then my said trustees or trustee for the time being shall have full power and authority in their discretion to sell and dispose of all or any part of my said personal estate and to put out the money arising from the sale thereof to interest and to pay and apply the interest thereof and also thereunto of the said real estate in for and towards the maintenance, education and support of all my said reputed children by the said
Elizabeth Moon as they my said trustees in their discretion that think proper until the said Richard Moon shall attain his age of twenty one years.

Then I give to my grandson Daniel Staley the sum of ten pounds and to each and every of my sons and daughters namely Daniel Staley, Benjamin Staley, John Staley, William Staley, Elizabeth Dent and Sarah Orme and to my niece Ann Brearly the sum of five pounds apiece.

I give to my youngest reputed son Richard Moon one share in the Ashby Canal Navigation and I direct that my said trustees or trustee for the time being shall have full power and authority to pay and apply all or any part of the fortune or legacy hereby intended for my youngest reputed son Richard Moon in placing him out to any trade, business or profession as they in their discretion shall think proper.

And I direct that to my said sons and daughters by my late wife and my said niece shall by wholly paid by my said reputed son Richard Moon out of the fortune herby given him. And it is my will and desire that my said reputed children shall deliver into the hands of my executors all the monies that shall arise from the carrying on of my business that is not wanted to carry on the same unto my acting executor and shall keep a just and true account of all disbursements and receipts of the said business and deliver up the same to my acting executor in order that there may not be any embezzlement or defraud amongst them and from and immediately after my said reputed youngest son Richard Moon shall attain his age of twenty one years then I give, devise and bequeath all my real estate and all the residue and remainder of my personal estate of what nature and kind whatsoever and wheresoever unto and amongst all and every my said reputed sons and daughters namely William Moon, Thomas Moon, Joseph Moon, Richard Moon, Ann Moon, Margaret Moon and to my reputed daughter Mary Brearly to hold to them and their respective heirs, executors, administrator and assigns for ever according to the nature and tenure of the same estates respectively to take the same as tenants in common and not as joint tenants.

And lastly I nominate and appoint the said Humphrey Trafford Nadin and John Wilkinson executors of this my last will and testament and guardians of all my reputed children who are under age during their respective minorities hereby revoking all former and other wills by me heretofore made and declaring this only to be my last will.

In witness whereof I the said Daniel Staley the testator have to this my last will and testament set my hand and seal the eleventh day of March in the year of our Lord one thousand eight hundred and five.


Family Notes by Louise Staley:
Daniel Staley married Mary Moon on the 7th October 1762 at Stapenhill. They had eight children of which six lived to adulthood. Mary was buried 1 February 1777 at Stapenill after dying from complications of childbirth.
The first of Daniel Staley’s reputed children, Mary, was baptised 11 April 1778 at Newhall. All except the last of Daniel’s reputed children are listed on the Newhall parish register as the children of William Moon and his wife Elizabeth.
The youngest of Daniel’s reputed children, Richard was baptised 25 August 1793 at Newhall as the bastard son of Elizabeth Moon. From this, it appears the William Moon died sometime before December 1792. It also appears that William Moon was the brother of Daniel Staley’s wife, Mary, and that Daniel took up with his sister-in-law after the death of his wife, perhaps when William and Elizabeth moved in with Daniel to help care for his children who were all under 14 at the time of their mother’s death.
The will of Daniel Staley’s father, Robert, survives and he skips Daniel and leaves his estate to Daniel’s children from his marriage.

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This South Derbyshire Will Transcript contributed by & © 2003 Louise Staley All Rights Reserved