First I will order and direct that all my just Debts Funeral Expenses and the Costs and Charges of Proving this my Will shall be fully paid and satisfied
And I Give and Devise All that my Close Piece or Parcel of Land or Ground situate lying and being at Egginton in the said County of Derby containing by Estimation One acre and two roods or thereabouts be the same more or less and now in the Occupation of my Brother Thomas Smedley Unto and to the Use of my Son Edward Smedley his Heirs and Assigns for ever

Also I Give and Devise All that my Messuage Farm House or Tenement with the Barns Stables Outbuildings Gardens Orchards Closes Pieces or Parcels of Land or Ground and other Appurtenances thereto belonging situate and being at Newton Solney aforesaid containing together by Estimation eleven acres or thereabouts be the same more or less and now in my own Occupation (being my Homestead Estate) Unto and to the Use of my Son William Smedley his heirs and assigns for ever Subject to and charged and Chargeable with the Payment of the sum of One hundred Pounds of lawful Money of Great Britain to be paid to my Trustees hereinafter named at the end of twelve calendar months next after my Decease in aid of the residue of my Personal Estate in case the same shall be necessary towards the Payment of the Legacies under this my Will but subject nevertheless to the Nonpayment thereof on the contingency hereinafter mentioned.

Also I give and devise and bequeath all those my several other Closes Inclosures Pieces and Parcels of Land or Ground (lying all together) with the Barn and Appurtenances thereto belonging also situate and being at Newton Solney aforesaid containing by Estimation sixty four acres or thereabouts be the same more or less and now also in my own Possession (but lying detached from my Homestead Estate) And all other Real Estate whatsoever and wheresoever (not hereinbefore otherwise disposed of) And also All my Household Goods and Furniture Plate Linen and China Stock of Cattle Cows Horses Sheep Pigs Cheese Corn Hay and Implements in Husbandry upon my Farms as Newton Solney aforesaid and Egginton aforesaid And also all my Money and Securities for Money and all other my Goods Chattels and Personal Estate and Effects of what nature or kind soever and wheresoever including the said sum of One hundred Pounds so to be paid by my said Son William Smedley out of the Real Estate devised to him as aforesaid (but subject as after mentioned) Unto and to the Use of my said Brother Thomas Smedley of Egginton aforesaid Farmer my nephew John Smedley (Son of my said Brother Thomas Smedley) and my said Sons William Smedley and Edward Smedley their heirs executors and administrators respectively according to the nature and quality thereof Upon Trust that they my said Trustees their heirs executors or administrators shall and do as soon as conveniently may be after my decease make sale and dispose of all and singular my said last mentioned Closes Inclosures Pieces and Parcels of Land or Ground Barn Hereditaments and Real Estate so devised to them as aforesaid and such part of my said Personal Estate as shall not consist of Monies or Securities for Money either by Publick Auction or private contract or otherwise as my said Trustees shall think fit and shall and do collect receive and get in all such part and parts of my said Personal Estate as shall consist of Money Debts or Securities for Money and shall and do thereout in the first place pay satisfy and discharge all such of my just Debts as shall then remain unsatisfied and then Upon further Trust that they my said Trustees their heirs executors or administrators shall and do well and truly pay out of the said Trust Monies and Premises the several Legacies or Sums of Money hereinafter mentioned (that is to say) To my Daughters Mary Smedley, Eliza Smedley, Eleanor Anne Smedley and Rosetta Sarah Smedley the sum of Five hundred Pounds apiece of lawful money of Great Britain and to my sons Edward Smedley and Thomas Smedley the sum of seven Hundred Pounds apiece of lawful money of Great Britain the Legacy or Legacies of such of the my said six last mentioned children as at the time of my decease or within twelve calendar months next afterwards shall have attained his her or their age or respective ages of twenty one years to be paid at the end of twelve calendar months next after my decease with Interest for the same after the Rate of four Pounds per Centum per Annum from the day of my Death until Payment thereof And the Legacy or Legacies of such of them my said six last mentioned children as at the end of twelve calendar months next after my decease --- shall not have attained his her or their age or respective ages of Twenty one years to be paid him her or them when and as he she or they shall severally and respectively attain their several and respective Ages of Twenty one years with Interest for the same after the Rate of four Pounds per centum per annum from the day of my death until payment thereof

And I do will and direct that such Interest shall in the mean time be paid and applied by my said Trustees in and towards the Clothing Maintenance Education and bringing up of such of them my said six last mentioned children as at the end of twelve calendar months next after my Decease shall be minors in such a manner as they my said Trustees shall think fit

And as to for and concerning the sum of Two hundred and fifty pounds of lawful money of Great Britain other part of the said Trust Monies and premises Upon Trust that they my said Trustees their executors or administrators shall and do put and place the same out to Interest upon one or more good and sufficient Security or securities either Real or personal or in the Purchase of Stock in any of the Publick Funds of this Kingdom

And shall and do well and truly pay or cause to be paid out of the Interest Dividends and Annual produce thereof One Annuity or clear Yearly Sum of Ten Pounds of lawful money of Great Britain unto my dear Wife Mary Smedley for and during the term of her natural Life by two equal half yearly payments in every year and the first payment thereof to begin and be made at the end of six calendar months next after my decease and from and immediately after the decease of my said Wife then Upon Trust that they my said Trustees their executors or administrators shall and do call in and pay distribute and divide the said sum of Two hundred and fifty pounds unto and amongst my said children Mary Smedley, Eliza Smedley, Eleanor Anne Smedley, Rosetta Sarah Smedley, Edward Smedley and Thomas Smedley Share and Share alike and their respective executors and administrators And as to for and concerning the residue and remainder of the Interest Dividends and Annual produce arising from the said sum of Two hundred and fifty pounds (after payment of the said Annuity of Ten Pounds to my said Wife for her life as aforesaid, and also the residue and remainder of the said Trust Monies and Promises Upon further Trust that they my said Trustees their executors or administrators shall and do well and truly pay distribute and divide the same and every part thereof unto and amongst all my said children William Smedley, Mary Smedley, Eliza Smedley, Eleanor Anne Smedley, Rosetta Sarah Smedley, Edward Smedley and Thomas Smedley Share and Share alike the Share or Shares of such of them my said children of and in the said residue of my said Trust Monies and premises as at the time of my decease or within twelve calendar months next afterwards shall have attained his her or their age or respective ages of twenty one years to be paid at the end of twelve calendar months next after my decease and the share or shares of such of them my said children of and in the said residue of my said Trust Monies and Premises as shall not then have attained his her or their age or respective ages of Twenty one years to be paid to him her or them when and as he she or they shall severally and respectively attain their several and respective ages of Twenty one years

And I do will and direct that the Interest to be made thereof in the mean time shall be paid and applied by my said Trustees in and towards the Clothing Maintenance and bringing up of such of them my said children as at the end of twelve calendar months after my decease shall be minors in such manner as they my said Trustees shall think fit

And for facilitating the Sale or Sales of my said Real Estates so devised in trust to be sold as aforesaid my Will is that the receipt or receipts of my said Trustees Thomas Smedley John Smedley William Smedley and Edward Smedley their heirs executors or administrators shall from time to time be a good and sufficient discharge or good and sufficient discharges to the Purchaser and Purchasers of all or any part of my said Real Estate so directed to be sold as aforesaid and his her or their respective heirs executors and administrators for so much of such Purchase Money as shall therein be acknowledged or expressed to be received and that such Purchaser or Purchasers his her or their executors or administrators or any of them shall not afterwards be answerable or accountable for any loss misapplication or nonapplication of such Purchase Money so received or any part thereof

Provided always nevertheless and my Mind and Will is that in case it shall so happen that the Trust Monies arising from my said Real and Personal Estates shall be found insufficient to answer all the purposes of this my Will then the several Legacies or Principal Sums of Money hereinbefore mentioned to be paid out of the said Trust Monies shall be reduced rateably and in proportion to the amount of such sums respectively

Provided also and my Mind and Will further is that in case it shall happen that the Trust Monies arising from my said Real and Personal Estates as aforesaid shall be found sufficient to answer all the purposes of this my Will without the aid of the said sum of One hundred Pounds so by me directed to be paid by my said Son William Smedley out of the before mentioned Real Estate so given and devised to him as aforesaid then I do direct that such sum of One hundred Pounds shall not be paid by him my said son William Smedley to my said Trustees as aforesaid but in that case I do give and devise the same Estate to my said son William Smedley his heirs and Assigns free from any Payment or Incumbrance whatever

Provided also and my Mind and Will further is and I do hereby expressly declare and direct that notwithstanding the appointment by me of my said son William Smedley as a Trustee under this my Will yet if he my said son William Smedley shall be minded and desirous of Purchasing my said Closes Lands Hereditaments and Premises so by me directed to be sold as aforesaid and of such his mind and desire shall give notice in Writing under his hand to my said other Trustees then and in such case my said other Trustees shall give to him my said son William Smedley the preference to Purchase the same at such Price or Prices as they my said Trustees their heirs executors or administrators shall think a fair valuation thereof and as they shall mutually agree upon
And I hereby nominate constitute and appoint my said Brother Thomas Smedley my said nephew John Smedley Executors of this my last Will and Testament and also Guardians of all my infant children during their respective minorities

And I hereby declare my Will to be that it shall and may be lawful to and for my said Trustees and Executors their heirs executors and administrators by and out of all or any of the monies which by virtue of this my Will or any Trust herein declared shall come to their or either or any of their Hands to deduct retain and to reimburse themselves and himself respectively all such reasonable costs charges and expences as they respectively shall or may sustain expend or be put unto in or about the execution of this my Will or any Trust herein declared and also that they my said Trustees and Executors and their respective heirs executors and Administrators shall be charged and chargeable only each of them for and with his and their own respective Receipts payments acts and wilful defaults and not otherwise and that they shall not be charged or chargeable with or for any sum or sums of money other than such as shall actually and respectively come to his and their hands by virtue of this my Will now with or for any Loss or Damages which may happen in or about the execution of all or any of the Trusts hereby in them reposed without his or their respective wilful defaults

And Lastly I hereby revoke and make void all and every other Will and Wills by me at any time heretofore made and do declare this only to be my last Will and Testament In Witness whereof I the said William Smedley the Testator have to this my last Will and Testament contained in seven Sheets of Paper set my hand and seal that is to say to each of the six first sheets hereof my Hand only and to this seventh and last sheet my hand and seal this nineteenth day of July in the Year of our Lord one thousand eight hundred and twenty eight -

[Signed] Wm. Smedley

Signed Sealed Published and declared
by the said William Smedley 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 subscribed our names as Witnesses to the same
the words "upon my …. at Newton Solney
aforesaid and Egginton aforesaid" being first
interlined between the fourth and fifth
lines in the second sheet.
[Signed] Wm. Osborne
 Thos. Lowe
 John Evans Junr.

Will
In the Bishops --- Court of Lichfield
In the Goods of William Smedley Deceased
Appeared Personally Thomas Smedley of Egginton in the County of Derby Farmer John Smedley of the same place Farmer William Smedley of the same place Farmer and Edward Smedley of Newton Solney in the said County of Derby Farmer the Executors named in the last Will and Testament of the said William Smedley --- late of Newton Solney --- in the County of Derby Farmer --- 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 eight hundred Pounds, to the best of these Deponent's knowledge, information and belief.

Sworn on the 22nd } [Signed] Thos. Smedley
day of September 1831 } [Signed] John Smedley
before me, } [Signed] Wm. Smedley
[Signed] Edwd. Smedley
[Signed] H Jones  Commissioner

JAMES THOMAS LAW, Clerk, Master of Arts, Vicar General of the Honourable and Right Reverend Father in God HENRY, by Divine permission, Bishop of LICHFIELD and COVENTRY, To Hugh Jones Peter French and --- Clerks, jointly, and severally Sendeth Greeting, WHEREAS it has been alledged, the Rev. EDWARD SIMEON REMINGTON, Clerk, Master of Arts, us or, our Surrogate, that William Smedley --- late of Newton Solney --- in the County of Derby --- and Diocese of LICHFIELD and COVENTRY, Farmer --- deceased, duly made and executed, his last Will and Testament, in writing, and therein named Thomas Smedley of Egginton in the County of Derby Farmer John Smedley of the same place Farmer William Smedley of the same place Farmer & Edward Smedley of Newton Solney, Farmer --- of the Parish of --- Executors --- thereof We therefore by these presents, Commit and Grant, to you jointly, and severally, full power and authority to administer the Oath underwritten, to the said Thomas Smedley John Smedley William Smedley and Edward Smedley three of the --- Executors --- and also to Swear the Persons whose names are Subscribed to the Affidavit annexed to the truth thereof, and the said Oath being administered, you are to certify the same to US or our said Surrogate, and subscribe your Name thereto, together with these presents, within three Months from the date hereof. Provided nevertheless that this Commission shall be of no effect, unless so certified and transmitted to US within that time. Dated at LICHFIELD, the sixth --- day of August --- in the Year of our Lord, 1831.
[Signed] J. Mott  D Regis.
[Signed] Jn Haowrth

THE OATH
Your Oath is, that the writing, now shewed unto you, contains the true last Will, and Testament, of William Smedley --- deceased, so far as you know and believe ; that you are the --- Executors --- named therein, and will faithfully perform that Office, by paying his Just Debts, and the Legacies therein bequeathed, so far as his Personal Estate will Extend, and the Law require from you ; that you will make a true, and perfect, Inventory thereof, and Exhibit the same into the Registry of the Bishop's Consistory Court of Lichfield, and also a just account of your Executorship, when you are thereunto lawfully required, and that the Goods, Chattels and Credits of the said Deceased without Deducting any debts owing by the said deceased therefrom, do not amount in value to the Sum of Eight hundred --- Pounds and that the Contents of the Affidavit hereto annexed to which you have subscribed your names were and are true,
So help you God, &c.
QRY. When he died?
ANS. 14th April 1831

On the 22nd day of September --- 1831 this Commission was duly executed and the said Thomas Smedley John Smedley William Smedley and Edward Smedley --- were duly sworn according to the above oath before me
[Signed] H. Jones    Commissioner
Probate Extracted 28th September 1831 at Lichfield

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