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Josiah Farnsworth
In the name of God Amen
I Josiah Farnsworth the Elder of Williamthorpe in the county of Derby, Farmer, being weak in body but of sound mind and understanding, praised be God for the same, do make this my last will and testament as follows. First, I will and direct that my just debts, funeral expenses and the probate of this my will, be paid and discharged in the first place by my executor and executrix after named, out of my personal estate. Also, I give the possession and tenant right of my farm and lands, whereon I reside and hold under Sir Thomas Windsor Hunloke Baronet, unto my dear wife Elizabeth Farnsworth and my son John Farnsworth, to be occupied by them jointly during the life of my said wife, and after her death, then to be occupied by my said son John Farnsworth only. Also I give the use and occupation of all my household goods and furniture, farming stock, both quick and dead, and all other my personal estate and effects, unto my said wife and son John Farnsworth, to be held by them jointly during their joint natural lives and after the death of my said wife, then I give and bequeath the same or the whole thereof together with all such cattle or other produce which shall be made by such joint occupation unto my said son John Farnsworth and his legal personal representatives for ever. Also I give and devise all those my two messuages, dwelling houses or tenements, with the gardens and outbuildings to the same belonging, situate standing and being at Handley in the Parish of North Wingfield in the said County of Derby and now rented by John Wragg. And also, all other my real estate (if any) within the Kingdom of England, unto my said wife and her assigns for and during her natural life, and from and after her decease, then I give and devise the same unto my said son John Farnsworth, to hold the same unto him, the said John Farnsworth, his heirs and assigns upon the trust after mentioned, that is to say, upon trust for my said son John Farnsworth and his heirs, immediately after the death of my said wife, to sell and dispose of the aforesaid dwelling houses, gardens, outbuildings and premises thereto belonging, and all other my real estate (if any there shall happen to be undisposed of) either by private contract sale or by auction for the most money that can be gotten for the same, and after deducting all necessary expenses from such purchase money, upon trust for my said son John Farnsworth, his executors or administrators, to pay and divide the residue and remainder of such purchase money equally, share and share alike, unto and amongst my three other children Mary Godber wife of William Godber of Butterley in the said County of Derby labourer, Josiah Farnsworth and Thomas Farnsworth, and if any of them shall happen to die before me, or the receipt of their respective shares, then it is my will that my said trustee pay the share of the parent so dying, unto his or her child or children if more than one equally, share and share alike, and if but one child, then to such only child, but it is my will that none of such child or children shall be entitled to receive such share or shares till they arrive at the age of twenty one years respectively, and if any of my said children, Mary Godber, Josiah Farnsworth and Thomas Farnsworth, shall happen to die before me and without child or children as aforesaid, then upon trust for my said trustee his executors or administrators, to pay the share or shares of such of them so dying unto the survivors of them equally, share and share alike, and if but one survivor, then to pay the same to such only survivor. And I hereby will that my said trustee, his heirs, executors or administrators, shall not be liable to answer or make good any loss or losses, which shall or may happen of the trust money, so as such loss or losses happen without his or their wilful neglect or default. And I do hereby declare my will to be that, upon payment of the purchase money to my said trustee, it shall be lawful for him to execute and sign any receipt or receipts for the same, and that such receipt or receipts shall be good and sufficient discharge or discharges to such purchaser or purchasers, his her or their heirs executors administrators or assigns, for the money therein respectively expressed. And I order and direct that such purchaser or purchasers, his her or their heirs executors administrators or assigns, shall not afterwards be obliged to see to the application of such purchase money, or be accountable for any loss or misapplication or non application thereof, or of any part thereof respectively. And lastly, I also nominate and appoint my said son John Farnsworth and wife Elizabeth Farnsworth joint executor and executrix of this my last will and testament hereby making void all others, by me before made, and do declare this only to be my last will and testament. In witness whereof I have hereunto set my hand and seal this eighteenth day of May one thousand eight hundred and fourteen.
Signed Josiah Farnsworth Sen.
Signed sealed published and declared by the said testator Josiah Farnsworth and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses to the same.
Daniel Hopkinson
Joseph Wragg
Sarah Burns
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