Will of John Hunt, Brickmaker of Church Gresley

Will of John Hunt, Brickmaker of Church Gresley South Derbyshire Wills Collection
--- John HUNT, Brickmaker of Church Gresley ---

[WILL]
This is the last Will and Testament of me John Hunt of Church Gresley in the County of Derby, Brickmaker. I will and direct all my just Debts, funeral, and testamentary expenses, to be paid and discharged by my Executors and Executrix hereinafter named, out of my personal Estate as soon as conveniently may be after my decease. I give and bequeath all my household goods and furniture, plate, linen, china, books, and wearing apparel, wines, liquors, and all other my household effects of what nature sort or kind soever the same may be and also my Carriage and Gig and Horse and all my harness for the same unto my dear Wife Susanna Hunt to and for her own absolute use and benefit. I give and bequeath to my said Wife, her Executors, administrators and assigns, the sum of three hundred pounds to be paid as soon as conveniently may be after my decease out of my personal estate. I give and bequeath to each of my servants Thomas Woodward and George Parker who shall be living in my service at the time of my decease the sum of ten pounds and to William Woodward, formerly my servant the sum of five pounds. And I give and bequeath unto each other Manservant who shall be living in my service at the time of my decease, and shall have been in such service one year, the sum of one pound. And I direct the said several legacies to be paid within three calendar months after my decease. I give and devise all that my Croft or Close called Peg’s Close now in my own occupation and all other my messuages, lands, h(eredits?), and real estate whatsoever and wheresoever unto my said wife Susanna Hunt and her assigns for and during the term of her natural life. And after her decease I give and devise my said Croft and all other h(eredits?) and real estate aforesaid unto my friends Francis Parramour of T(hrowley?) in the said County of Derby, Farmer, and Samuel Watton of Tamworth in the County of Stafford, Joiner, their heirs and assigns for ever nevertheless upon and for the trusts, interests, and purposes, and with, under, and subject to the powers , provisos and serfications hereinafter expressed concerning the same (that is to say) Upon trust that they the said Francis Parramour and Samuel Watton or the survivor of them or the executor administrator or assigns of such survivor shall with all convenient speed after the death of my said wife sell and dispose of all my said h(eredits?)and real estate either together or in parcels and either by public Auction or private contract to any person or persons whomsoever for such price or prices as to the said Francis Parramour and Samuel Watton or the survivor of them or the executors, administrators, or assigns of such survivor shall seem reasonableand shall receive the money arising from the sale of my said real estate or any part thereof and sign and give receipts for the same which receipts shall be sufficient discharges to the person or persons to whom the same shall be given for the money therein respectively acknowledged to be (?) and shall exonerate such person and persons from all liability in respect of the application of such money. I give and bequeath to the said Francis Parramour and Samuel Watton their executors, administrators, and assigns, all my money securities for money, goods, chattels, and Personal Estate and Effects whatsoever and wheresover not hereinbefore disposed of and subject to the Legacies hereinbefore bequeathed. Upon trust that they my said Trustees or the survivor of them his executors administrators or assigns do and shall with all convenient speed after my decease, call in and convert into money, all such parts of my said Personal Estate as shall not consist of money and upon trust to invest the money arising from such calling in and conversion and also mye(?) money in the names or name of the said Francis Parramour and Samuel Watton or the survivor of them or their executors, administrators, or assigns of such in any of the Parliamentary storts or public funds of Great Britain or at interest upon good and sufficient Government or real security and upon trust to alter vary and transpose the same Storts, funds, or securities from time to time as to them or him may seem wise and upon further trust to pay the interest, dividends, and annual product of the money arising aforesaid or the Storts, funds or securities in or upon which the same shall be reinvested as aforesaid unto my said wife Susannah Hunt and her assigns during her life. And upon further trust so long as my said wife shall continue my widow and unmarried to advance and pay to her from time to time out of the said trust monies and the principal money served by such Storts, funds, and securities, and also out of the money to arise from the sale of my heredits and real estate as hereinbefore is mentioned if they my said Trustees shall think fit such sum or sums of money as they my said Trustees or Trustee for the time being shall think fit and necessary for the maintenance and comfort of my said wife either by reason of a sickness or any other unforeseen circumstances. And I do hereby declare that the said Francis Parramour and Samuel Watton and the survivor of them and the executors, administrators, and assigns, of such survivor shall after the decease of my said wife stand possessed of and interested in the money to arise from the sale of my said real estate and also from the calling in and conversion of my personal estate as hereinbefore is mentioned and of my ready money and the Storts, funds, and securities, in or upon which the same or any part thereof may have been laid out or invested as aforesaid or so much thereof respectively as shall remain unapplied as last aforesaid upon and for the trusts, interests, and purposes and with, under, and subject to the powers, provisos and (-actions?) hereinafter mentioned (that is to say) Upon trust to pay the sum of one hundred pounds to the Trustees of the time being of the Wesleyan Methodist Chapel at Swadlincote in the Parish of Church Gresley aforesaid to be by them the said Trustees paid and applied for the use and benefit of the said chapel. And I do hereby give and bequeath the same accordingly and do dictate that the receipt of two or three such Trustees of the said chapel shall be a sufficient discharge to my said Trustees for the same. And upon trust to divide the residue of the money arising as aforesaid, or the Storts, funds, or securities on which the same may have been invested, into six equal shares and as to one sixth part or share of the said trust monies Upon trust to pay or transfer the same unto my brother Thomas Hunt his executors, administrators, and assigns. And as to one other sixth part or share thereof Upon trust to pay or transfer the same unto my brother William Hunt his executors, administrators, and assigns. And as to one other sixth part or share thereof Upon trust to pay or transfer the same equally amongst all the children of my late sister Ann Chamberlain their executors, administrators, and assigns. And as to one other sixth part or share thereof Upon Trust to pay the interest, dividends, and annual produce thereof unto my sister Mary, the wife of George Buckle, now residing in Yorkshire, during her life for her own sole and separate use and benefit and so as not to be subject or liable to the Debts, control or engagements of her present or any future husband, and the receipt alone for the same interest, dividends, and annual produce, to be a sufficient discharge and after her decease Upon trust to pay and divide the said last mentioned sixth part or share equally amongst all the children of the said Mary Buckle by her present or any future husband when and as they shall respectively attain the age of twenty one years their respective executors, administrators, and assigns. And as to one other sixth part or share Upon Trust to pay the interest, dividends, and annual produce thereof to my sister Sarah Dewhurst, the widow of Benjamin Dewhurst, late of Huddersfield in the County of York, during her life for her own sole and separate use and benefit and so as not to be subject or liable to he Debts, control, or engagements of any husband and the receipt alone for the same interest, dividends, and annual produce, to be a sufficient discharge and after her decease Upon trust to pay and divide the said last mentioned sixth part or share equally amongst all the children of the said Sarah Dewhurst by any husband when and as they respectively shall attain the age of twenty one years their respective executors, administrators, and assigns. And as to the other or remaining sixth part or share thereof Upon trust to pay and divide the same equally amongst all the children of my late sister Jane Rowley when and as they shall respectively attain the age of twenty one years their respective executors, administrators, and assigns, provided always. And I do hereby declare that in case my said two brothers and two sisters or any of them shall not be living at the time of my said wife’s decease and shall not have left issue living at that time or no such issue shall live to attain the age of twenty one years, then and in such case the shares or share of them, him, or her, so dying and leaving no issue at the time of my said wife’s decease or whose issue shall not any of them attain the age of twenty one years as aforesaid shall be paid and divided amongst the survivors of my said Brothers and Sisters, the children of my said late sisters Ann Chamberlain and Jane Rowley in equal shares and proportions. The children of my said sister Ann Chamberlain taking equally amongst them only one equal share with any one of my said Brothers and Sisters and the children of my said sister Jane Rowley taking equally amongst them only one other equal share with any one of my said Brothers and Sisters provided also. And I do hereby declare that during the respective minorities of any children of my two brothers and four sisters, the interest, dividends, and annual produce of the shares of any such children shall be paid and applied towards their respective maintenance and support provided always. And I do hereby declare that the principal money now owing to me from my said brother Thomas Hunt amounting to one hundred and three pounds shall not be called in or required to be paid by my executors but the same with such interest as may be due thereof at the decease of my wife, if any, shall be taken into account on the distribution of the said Trust monies, funds, and securities, at the time of the decease of my said wife as aforesaid provided also. And I hereby declare that if any of my said brothers or sisters or nephews or nieces or their issue to whom I have hereinbefore left any legacy, sum of money, or interest whatsoever, shall controvert or dispute the validity of any deed or settlement theretofore executed by me the legacy sum or interest thereintofore given or bequeathed to or for the benefit of such brother or sister or nephew or niece or his her or their issue shall be void and not payable and shall go to the others of such brothers and sisters, nephews and nieces, and their issue in like manner as is hereinbefore contained with respect to the share or shares of any such dying without issue or as near thereto as circumstances will admit. I give, devise, and bequeath, unto the said Francis Parramour and Samuel Watton their heirs, executors, administrators, and assigns, all such estates as are now vested in me upon any Trust or by way of mortgage to hold the same unto and to the use of the said Francis Parramour and Samuel Watton their heirs, executors, administrators, and assigns, according to the nature and quality thereof respectively upon the Trusts affecting the same respectively and for the more convenient getting in of the money secured by such mortgages. And I hereby nominate and appoint the said Francis Parramour and Samuel Watton and my said wife Susanna Hunt Executors and Executrix of this my Will hereby revoking all former Wills by me heretofore made. And I hereby declare that the receipt and receipts in writing of the said Francis Parramour and Samuel Watton, their heirs, executors, administrators, and assigns, for any money payable to them under or by virtue of this my Will shall be a good and effectual discharge and good effectual discharges for the money therein respectively acknowledged to be received and the person or persons taking such receipts shall not be accountable for the loss, misapplication, or nonapplication of the money thereby expressed to be received and also that the said Francis Parramour and Samuel Watton their executors and administrators shall be charged and chargeable respectively only for such money as they shall respectively actually wave and shall not be accountable for any involuntary loss or damage and that it shall be lawful for them to reimburse themselves respectively out of the said Trust monies all their costs and expenses to be incurred in or about the execution of the aforesaid Trusts or in relation thereto. In witness whereof, I the said John Hunt, the Testator, have to this my last Will and Testament contained in five sheets of paper set my hand and seal namely my hand to the four first sheets and my hand and seal to this fifth and last sheet hereof this fourteenth day of February in the year of our Lord one thousand eight hundred and thirty nine. Signed, sealed, published and declared by the said John Hunt, the Testator, as and for his last Will and Testament in the presence of us, who at his request in his presence, and in the presence of each other have hereunto subscribed our names as witnesses thereof: Jno. Knight, Ashby de la Zh., Charles Roughton, Thos. Woodward.