South
Derbyshire Wills Collection
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Humphrey LOWE of Church Gresley (-1840) ---
[Text of Will]
This is the last Will and Testament of me HUMPHREY LOWE the elder of
Church Gresley in the County of Derby Blacksmith. I revoke all former
Wills Codicils and Testamentary dispositions by me made. And I Give
and Bequeath to my Wife ANN LOWE all such Household Goods and Furniture
as were her property antecedent to my marriage with her. Also I give
and Bequeath all my Household Goods and Furniture Linen and Utensils of
Household and other personal Estate not before disposed of unto my son
WILLIAM LOWE of Church Gresley aforesaid Farmer and HENRY TALBOT of Swadlincote
in the said county of Derby Cordwainer Upon Trust that they or the survivor
of them or the executors or administrators of such survivor do and shall
sell and dispose of the same. And with the monies arising therefrom
pay and discharge my debts and funeral and testamentary expenses.
And after payment thereof In Trust to divide the surplus if any into five
equal parts and pay the same as follows. One fifth share thereof
to my said wife ANNE LOWE. One other fifth share thereof to my son
HUMPHREY LOWE. One other fifth share thereof to my son WILLIAM LOWE
one other fifth share thereof to my daughter SARAH LITHERLAND. And
the remaining fifth share thereof unto and equally amongst the children
of my later daughter MARY PICKERING. I give and devise all
those my three dwelling houses or tenements with the Blacksmith's Shop
and other buildings yards gardens orchard and appurtenances thereto belonging
situate and being at Church Gresley aforesaid containing one acre or thereabouts
and now in the several occupations of myself my son HUMPHREY LOWE and JOHN
SHEFFIELD and all other my real estate whatsoever and wheresoever unto
and to the use of my said son WILLIAM LOWE and the said HENRY TALBOTT their
heirs and assigns In Trust to permit my said wife ANN LOWE to hold
and enjoy my said real estates or receive and take the rents issues and
profits thereof for her own use during her life And from and after the
decease of my said wife Upon further trust that they my said Trustees or
the survivor of them or the heirs and assigns of such survivor shall with
all convenient speed sell dispose of and convert into money my said Real
Estates wither by Public Auction or Private Contract and in parts or parcels
to any persons or person for the best price or prices that can be obtained
for the same. And I direct that the receipt or receipts of my said
Trustees or Trustee for the time being shall be a sufficient discharge
to the purchaser or purchasers of my said Real Estates and that such purchaser
or purchasers shall not be obliged to see to the application or be accountable
for the misapplication of the said purchase monies. And upon further
Trust that they my said Trustees or Trustee for the time being shall pay
the same as follows (after paying the expenses attending the said sale
or sales). As to the sum of Five Pounds to pay the same to my granddaughter
ELIZABETH ORGILL at the end of six months after my wife's decease.
And as to the residue of the said Trust monies to pay the same as follows
One equal fourth part or share thereof to my said son HUMPHREY LOWE.
One other equal fourth part or share thereof to my said son WILLIAM LOWE.
One other equal fourth part or share thereof to my daughter SARAH LITHERLAND.
And the remaining fourth part or share thereof to and amongst the children
of my late daughter MARY PICKERING who shall be living at the time of my
decease equally. And I direct that the same shall be vested in them
immediately upon my decease. I appoint my said son WILLIAM LOWE and
the said HENRY TALBOT executors of this my Will. In witness whereof
I the said HUMPHREY LOWE the Testator have to this my last Will and Testament
contained in two sheets of paper set my hand and seal that is to say to
the first sheet my hand only and to the last sheet my hand and sea. the
sixth day of January one thousand eight hundred and forty.
Signed sealed published and declared by the
)
his
said HUMPHREY LOWE as and for his last Will ) Humphrey
X Lowe
and Testament in the presence of us who
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mark
at his request in his presence and in the
)
presence of each other have subscribed our
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names as witnesses
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Thos Lowe
Wm Lowe
WILL
In the Bishop Court of Lichfield
In the Goods of Humphrey Lowe the Elder Deceased.
Appeared Personally William Lowe of Church Gresley in the County
of Derby Farmer one of the Executors named in the last Will and Testament
of the said Humphrey Lowe the Elder late of Church Gresley in the County
of Derby Blacksmith Deceased; and made Oath, that the Estate and Effects
of the said Deceased, for, or in respect of which, a Probate of the said
Will is to be granted, exclusive of what the said Deceased may have been
possessed of, or entitled to, as a Trustee for any other person or persons,
and not beneficially, but including the Leasehold Estate or Estates for
Years of the Deceased, if any, whether absolute or determinable on Lives,
and without deducting any thing on account of the Debts, due and owing
from the said Deceased are under the value of One hundred Pounds, to the
best of this Deponent's knowledge, information and belief.
Sworn on the 7th )
day of July 1840 ) Wm Lowe
before me,
?Knosall Parr
Surrogate
Lichfield 7th July 1840
Let a Probate of this Will be granted to WILLIAM LOWE one of the Executors
named therein reserving a power for HENRY TALBOT the other Executor to
prove in like manner.
He being duly sworn as also that the personal Estate of the deceased
will not amount to 100£
Before me Knosall Parr,
Surrogate