South Derbyshire Wills Collection
--- John Cooper (d. 1840) of Church Gresley ---

I do hereby give and bequeath to my beloved wife, my dwelling house known by the sign of the New Inn, also the household furniture and stock in trade for her maintenance whilst she shall remain my widow and unmarried.  But should she again enter into wedlock or marry again then my executors hereafter mentioned by me ordered and directed do cause her to quit and deliver up the possession of the aforesaid house furniture and business together with the profits or proceeds arising from any my property.

I give, devise and bequeath all and singular my estate and personalty situate, standing and being in Church Gresley aforesaid other than my dwelling house aforesaid mention'd to my sons and son-in-law, John Cooper, Thomas Cooper and Thomas Massey of Church Gresley aforesaid, Potters, their heirs, Executors and Administrators in trust. Nevertheless, that they my said trustees or the survivors or survivor of them or the heirs, executors or administrators of such survivor do and shall at such time and times as may be necessary and fit – by a public auction or otherwise sell and dispose of all and singular my said real and personal estate for as much money as can or may be gotten for the same and do and shall with the money arising from the sale thereof pay all my just debts, funeral charges and expenses.

I next give, devise and bequeath unto each and every my children from the sale and money raised out of such aforesaid real and personal estate unto and among my children share and share alike be they more or less, and shall be paid to my children when the youngest shall attain the age of twenty one year. And my will is that such my children under that age that may need assistance do receive it humanely from my wife from the profit and proceeds of the dwelling house and business. My mind and will is also that if one or more of my children shall at the time of the sale of my dwelling house or my pot works situate in Church Gresley aforesaid be desirous of purchasing the same that my said trustees do and shall in the sale thereof give a preference to such child or children provided such child or children shall give a just value of the same, but not otherwise.

I do hereby order and direct that my dwelling house be the last of my property to be sold. Should my wife continue unmarried and to be my widow during the natural life and do survive after my children have all and each attain'd twenty-one years, I order and direct my aforesaid executors or administrators upon trust that such my property shall remain unsold till after the death of my wife and then all such sum so raised by the sale of such my dwelling house to be equally divided amongst my children. And I do hereby declare that the receipt or receipts of the said John Cooper, Thomas Cooper and Thomas Massey or the survivors or survivor of them or the heir of such survivor for the purchase money of my said real estate shall be a sufficient discharge of the same.

And lastly I do hereby again nominate, constitute and ordain the said John Cooper, Thomas Cooper and Thomas Massey executors of this my will revoking and making void all other and former wills by me hereafter made. In witness whereof I the said John Cooper the testator have hereunto set my hand and seal this tenth day of September in the year of our Lord one thousand eight hundred and thirty-five.

Signed John Cooper, signed, sealed, published and declared by the above named John Cooper as and for his last will and testament in the presence of us who have hereunto subscribed our names thereto in the presence of the said testator and in the presence of each other.

Witnesses: William Turner
 Joseph Brown
 Thomas Cooper

Proved: 20 Apr 1841
Testator died 17 Nov 1840