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Anthony Debanke
In the name of God Amen. I Anthony DEBANKE of Matlock
Papermill in the county of Derby, paper manufacturer, being weak in body, but
of sound and disposing mind memory and understanding do make publish and declare
this to be my last will and testament, in manner following, that is to say, In
the first place I will and direct that all my just debts, funeral expenses and
the charges of proving this my will be full paid off and discharged by my
executrix and executors herinafter named and appointed as soon as conveniently
may be after my decease out of my personal estate. I give and devise my messuage
dwelling house or tenement, with the garden and appurtenances to the same
belonging, situate standing and being in a place called Scarthinnick, in the
parish of Matlock aforesaid and now in my possession, and also my twenty fourth
share of a certain lead mine called Pearsons venture, situate in the liberty of
Crich, in the said county of Derby, and also my seventh second share of a certain
sough situate in in the same liberty called Ridgeway Sough, into and to the only
proper use and behoof of my dear wife Martha DEBANKE her heirs and assigns
forever. I give and bequeath my household furniture beds bedding plate linen
china and all other household utensils in and about my dwelling house situate
near the papermill aforesaid into my said wife Martha DEBANKE to and for her sole
and absolute use benefit and disposal. I do hereby nominate constitute and
appoint my said wife Martha DEBANKE my brother Joshua DEBANKE and Withnall
CLARKE gentleman of Derby in the county of Derby executrix and executors of this
my last will and testament. I give and bequeath the leases of the paper mill,
and of the land and premises aforesaid and the use benefit and advantage thereof
respectively, together with the proceeds and emoluments of my trading
concessions and concerns, and also the use and benefit of all my stock in trade,
fixtures machinery and other matters and things in and about the said mill, book
debts and all other my personal estate and effects ( except what I have
hereinafter absolutely disposed of to my said wife) into my said wife Martha
DEBANKE, the said Joshua DEBANKE and Withnall CLARKE.
Their executors administrators and assigns upon trust and for the purposes
hereinafter mentioned that is to say , in trust that my said wife Martha DEBANKE
her executors administrators and assigns shall and do carry on in her own name
the trade or business of paper manufacturing and disposing of the same when so
made during the remainder of the leases respectively if she thinks proper so to
do and I will and direct that she shall receive the emoluments produce and
profits of the said concerns and businesses into her own proper hands during the
time she continues in business in order that she may apply the same in
maintenance of herself and family in manner hereinafter mentioned. I direct that
my son John DEBANKE with the joint permission of my said wife the said Joshua
DEBANKE and Withnall CLARKE be employed as an agent in the general management of
the said business of buying materials for and making and selling paper, and in
taking orders receiving and paying money and keeping the accounts in the name of
my wife in proper books to be provided by her for that purpose, and that he my
said son John DEBANKE renders accounts to her my said wife and my other
executors of all orders taken in and supplied and of all paper deliveries out
and any goods received in with all invoices letters papers and vouchers of all
transactions and dealings, and that he shall exhibit the same on being asked so
to do to her then or any other persons thereof they may appoint to inspect the
same, and also that all such books, be left at the dwelling house of the said
Martha DEBANKE for inspection as often as she may require the same, and at least
if wanted once per month, and that the cash and other incidental running
accounts be settled balanced and the money paid if required every three months,
and that a general balance and setting between them my said wife Martha DEBANKE
and John DEBANKE takes place every half year and after such balances shall be
duly made and audited, and after all payments and disbursements losses damages
expenses repairs rents and other matters are deducted out of the whole produce
and incomes of the said concerns in the hands of my said wife, then I do will
and direct that my said wife do retain and pay unto the said John DEBANKE one
third part of the net profit of the said concerns and businesses as a
remuneration and by way of salary for his labour diligence and attendance and
trouble in managing the same concern, and for the purpose of enabling him to
pay his own rent taxes and family disbursements, and I direct that my said
son John DEBANKE be employed by my said wife as long as he pleases and they can
agree, provided he conforms to the orders regulations and duties by this my
will required of him. And that while he is so employed by my said wife he
shall not follow and other trade business or employment, and that
notwithstanding such agency so vested in my said son I request that my said wife
Martha DEBANKE shall have the power of appointing hiring taking and discharging
any other agent foreman apprentices or other servants in the said concerns and
businesses. And I do hereby will and direct that the other two thirds of the
said net profit and produce to be paid and applied by my said wife Martha
DEBANKE in the maintenance, education and bringing up of my said children in
such manner as she with the advice and direction of my said other executors may
think most for their benefit and advantage and I will and direct that my said
wife her executors and administrators, with the advice of the said Joshua
DEBANKE and Withnall CLARKE shall be at liberty to advance or not advance such
sum or sums of money out of the property so vested in them to any of my children
from time to time as well those of age or coming of age or afterwards on their
entering into business as can be conveniently spared and as she my said wife her
executors or administrators shall think proper to be advanced; but in case my
said wife Martha DEBANKE should at any time be minded to leave off business at
the present mill I will and direct that they my said wife and the said Joshua
DEBANKE and Withnall CLARKE shall and do sell and dispose of my said leases
stock in trade fixtures and all other my personal estates unto and to the only
proper use and behoof of my said dear wife Martha DEBANKE her executors
administrators and assigns to and for her own absolute use and benefit in order
that she may apply the same either in trade or otherwise as she shall think
proper, and in this case I desire my executors to give her their best advice and
directions. And I do hereby will and direct that my said executors shall and do
deduct retain and reimburse themselves all reasonable costs charges and expenses
as they or any of them shall suffer sustain expend or be put unto in the
execution and performance of the executorship of this my will. And lastly I do
hereby revoke all former and other wills and wills by me at any time hereto for
made and do declare this to be my last will and testament contained on three
sheets of paper set my hand and seal in manner following that is to say, to the
tow first sheets I have set my hand only and to this third and last sheet my
hand and seal this sixteenth day of September in the year of our lord one
thousand eight hundred and fourteen.
Signed sealed published and declared by the said testator Anthony DEBANKE as and
for his last will and testament in the presence of us who in his presence and at
his request have hereunto subscribed our names as witnesses.
Signed Joshua TOMISSON, William TOMISSON and Charles WILD.
Probate was granted the 14th April 1815
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