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Susannah Wyatt
This is the Last Will and Testament of me Susannah WYATT of Measham in the county of Derby widow. I devise all my just debts funeral and testamentary expenses to be paid out of my personal estate. I give and bequeath all my weaving apparel unto between and amongst my sisters Ann the wife of Thomas TIPPER Margaret FLETCHER widow Hannah the wife of William GREATOREX and Mary the wife of Thomas LAKIN or such of them as shall be living at the time of my decease. I give and bequeath all my Monies Securities for money GOODS Chattels Personal Estate and Effects whatsoever just herein before disposed of unto Thomas FERNYHOUGH of Measham in the county of Derby Miller and John FEWSBURY of Measham Fields in the county of Derby farmer their executors administrators and assigns. Upon the trusts following (namely) Upon trust as soon as conveniently may be after my decease to sell and absolutely dispose of or convert into money so much and such parts thereof as shall not consist of money and to collect get in and receive the remaining parts of the same personal estate And I declare that the said Thomas FERNYHOUGH and John FEWSBURY and the survivor of them his executors administrators and assigns shall stand possessed of the monies to arise and be produced from the sale of my said personal estate. Upon trust in the first place to pay and satisfy all my just debts funeral and testamentary expenses and after payment thereof upon trust to place out and the surplus that may remain in their or his name or names in or upon the public stocks or funds or other government or good personal security with power to vary or transpose the same and to stand possessed of the said trust monies stocks funds and securities and the dividends or interest arising therefrom for my grandson Joseph LATHAM son of my deceased daughter Ann late wife of Joseph LATHAM and in case my said Grandson shall die before attaining his age of twenty one years the upon trust to stand possessed of the said trust monies stocks funds and securities interest dividends and annual produce upon and for the trusts intents and purposes hereinafter declared concerning the same. I give and devise all that my reversionary or expectant interest of and in all that close or parcel of land situate at Oakthorpe in the county of Derby called Nether Leys containing four acres one Rood and thirteen perches or thereabouts and now in the occupation of Thomas COLLIER to which I may be come entitles under the will of my late husband Thomas WYATT in the event of my said Grandson Joseph LATHAM departing this life under the age of twenty one years and without leaving issue him surviving unto and the use of the said Thomas FERNYHOUGH and John FEWSBURY their heirs and assigns for ever nevertheless Upon the trusts herein after declared concerning the same (that is to say) Upon trust in the event of my said Grandson departing this life under the age of twenty one years and without leaving issue him surviving to sell and absolutely dispose of the same close of land and hereditaments with the appurtenances either by public auction or private contract and in such manner as shall appear expedient and to convey or assign the same when sold to the purchaser or purchasers thereof And I declare that the said Thomas FERNYHOUGH and John FEWSBURY and the survivor of them their and his executors administrators and assigns shall stand possessed of and interested in as well the residue of the monies to arise and be produced from my said personal estate in case of my said grandson Joseph LATHAM departing this life under the age of twenty one years as the monies to arise and be produced by any sale to be made of the hereditaments herein before devised upon and for the trusts intents and purposes hereinafter declared concerning the same ( that is to say) Upon trust in the first place to pay unot Joseph LATHAM father of my said Grandson the sum of forty pounds then upon trust to pay divide divide and distribute the residue thereof after payment of the said sum of forty pounds unto and equally amongst my brothers and sisters Thomas ELTON John ELTON Ann the wife of Thomas TIPPER Margaret FLETCHER Hannah the wife of William GREATOREX and Mary the wife of William LAKIN and to their respective executors and administrators and I direct that the shares of them said Margaret FLETCHER Ann TIPPER Hannah GREATOREX and Mary LAKIN shall be paid to them without being subject to the control of their present or any future husband Provided always and I do declare that in case of the death of any or my before named brothers and sisters before they shall come into possession of the share to which they may become entitled under the trusts of this my will leaving issue them surviving that then and in that case the issue of any of my said brothers and sisters dying as aforesaid shall take through all the degrees equally amongst themselves the share or respective shares only which the parent or respective parents would have taken if living. And I declare that the receipt or receipts of my said trustees or trustee to any person or persons who shall become purchasers under the trusts of this my will or who shall pay any money to them or him shall be good and sufficient discharge or good and sufficient discharges for so much money as shall be therein expressed to be received And that the said trustees and their respective Heirs Executors and administrators shall in no wise be answerable for the acts receipts of each other nor for any loss or damage which may happen in the execution of the trusts aforesaid without their or his own wilful default And that it shall be lawful for the said trustees respectively and their respective heirs executors administrators and assigns to deduct and retain out of the monies that shall come to their or his hands under the trusts aforesaid all costs and expenses which they or he may sustain or be put unto in the execution of the trusts aforesaid or in relation thereto. And lastly I constitute and appoint the said Thomas FERNYHOUGH and John FEWSBURY joint executors of this which I declare to be and contain my last will and testament. In witness whereof I have unto set my hand and seal this thirteenth day of February One Thousand Eight Hundred and Thirty Six.
Signed sealed published and declares by the said Susannah WYATT the testatrix as and for her last will and testament in the presence and in the presence of each other have hereunto subscribed our names as witnesses.
Signed Susannah WYATT Samuel Wright MOUSLEY Hanah FEARNSLEY(?) Robert LAMBERT
At Lichfield the 14th July 1836 let a probate of this will be granted to Thomas FERNYHOUGH and John FEWSBURY the executors therein named they having duly sworn as also that the personal estate is not of the value of £200 before me Thomas HARWOOD Surrogate. Testatrix died 10th April 1836
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