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This is the last will & testament of me JONATHAN FLETCHER of Pentrich Mills in the county of Derby, Miller and Farmer made this sixteenth day of March in the year of our Lord, one thousand and eight hundred and sixty in manner following that is to say I give devise and bequeath unto my friend JOSPEH BOWMER of Burley Meadows in parish of Duffield in the said county of Derby, Farmer and my brother ANTHONY WOODWARD FLETCHER of 8 Crooke Square, City of London in the county of Middlesex, Merchant all my real and personal property of what nature or kind soever and whensoever found at the time of my decease, to hold the same to the said JOSEPH BOWMER and ANTHONY WOODWARD FLETCHER their heirs executors administrators and assigns upon the trust hereinafter expressed and declared namely upon trust that they my said trustees or the survivor of them or their executors, administrators assigns of such survivor do and shall in their or his discretion which they, or he, shall deem most advantageous sell and absolutely dispose of my said real estate for such price or prices in money as can reasonably be obtained for the same and do and shall convert, collect & get in my personal estate and do and shall stand possessed of the money to arise there from upon the trust following, namely upon trust in the first place to pay and discharge all my just debts and testamentary expenses and from and after, payment thereof upon trust to place out and invest the residue of monies to arise as aforesaid in their or his names or name in government real or other good and sufficient security or securities with full power from time to time to transpose and vary the security and securities in or upon which the same trust money may from time to time be invested and do and shall pay the interest dividends and annual proceeds arising there from, to my dear wife ALICE FLETCHER when and as the same shall be received until my youngest surviving child shall attain the age of twenty one years and when and as soon as my said youngest surviving child shall attain the age of twenty one years upon trust that my said trustees or trustee do and shall place out and invest the sum of one thousand pounds out of the monies to arise and be produced as aforesaid in their or his names or name upon Government real or other good and sufficient security or securities and from time to time in their or his discretion to vary and transpose the security or securities upon which the same may be invested and pay and apply the interest dividends and annual proceeds thereof by two equal half yearly payments unto my said wife for and during the term of her natural life and I hereby declare that the provision hereby made for my wife shall be accepted and taken by her in lieu bar and full satisfaction of all dower or thirds which she can or may claim or be entitled to, out of my real estate and that the same shall be for her sole support, use and independent of any husband she may marry after my decease and shall not be subject or liable to his debts or engagements or control and for which the receipt or receipts only of said wife shall notwithstanding any coverture be good and sufficient discharge or discharges to my said trustees and as to for and concerning the residue of the monies to arrive and be produced as aforesaid upon trust that the trustees or trustee for the time being of this my will do and shall when my said youngest child shall have attained the age of twenty one years divide the same unto and equally between and amongst all my children whether now born or hereafter to be born equally share and share alike and the issue of any deceased child but such issue to take the same share only as the parent would have taken if living and as to for and concerning the one thousand pounds upon trust, that the said trustees or trustee for the time being of this my will, do and shall immediately after the decease of my said wife call in the said sum of one thousand pounds and pay and divide the same unto and equally between and amongst my said children & the issue of any deceased child in manner as hereinafter mentioned with respect to the residue of the monies is directed to be divided amongst them when my youngest surviving child shall attain the age of twenty one years as aforesaid, provided and I do hereby direct that in case my said wife shall depart this life before my said youngest child shall attain the said age of twenty one years, I hereby do authorise and empower the said trustees for the time being of this my will to pay and apply the interest dividend and annual proceeds to the monies to arise as aforesaid in such way and manner as they shall deem advisable in and towards the maintenance, education and bringing up in the world of my said children respectively until the youngest shall attain the age of twenty one years as aforesaid. I give and devise all legal interests vested in me as trustee of mortgage in any real of personal estate unto and to the use of my said trustees upon such trusts and subject to such equities as shall be subsisting therein respectively and I declare that the receipts of my said trustees shall exonerate purchases and others paying monies to such trustees from all liability in respect thereof and I do hereby further declare that the trustees for the time being of this my will, shall not be answerable for each others acts or receipts nor for losses happening without their own respective default and shall be at liberty to retain and allow to each other all expenses incidental to the trust and powers of this my will and lastly I nominate and appoint the said JOSEPH BOWMER and ANTHONY WOODWARD FLETCHER executors of this my will. As witness my hand the day and year above written JONATHAN FLETCHER - - - - - Signed by the said JONATHAN FLETCHER the testator in our presence who at the same time in his presence at his request and in the presence of each other have hereunto subscribed our names as witness - - - - - ANNIE TOPHAM, Pentrich - - - - JOHN POTTER, Pentrich. ------------ Codicil One, Dated 1879 ------------ This is a codicil to the last will and testament of me JONATHAN FLETCHER of Pentrich Mills in the county of Derby, Miller and Farmer, which will is dated the sixteenth day of March one thousand eight hundred and sixty. I hereby revoke the appointment in my said will contained of JOSEPH BOWMER and ANTHONY WOODWARD FLETCHER as executors thereof and the devises and bequests to them upon trust therein contained and I hereby appoint my sons WILLIAM HENRY FLETCHER and THOMAS BOWMER FLETCHER executors and trustees of my said will and declare that the same and the devises and bequests therein contained shall be taken and read as if the names of the said WILLIAM HENRY FLETCHER and THOMAS BOWMER FLETCHER had been originally inserted therein in the plans of the said JOSEPH BOWMER and ANTHONY WOODWARD FLETCHER and I hereby devise and bequeath the whole of my real and personal estate to the said WILLIAM HENRY FLETCHER and THOMAS BOWMER FLETCHER accordingly upon the trusts in my said will mentioned I hereby further declare that in ascertaining the shares of my children under my said will each child shall be charged in the account with any amount advance by me to him or her during my lifetime and I hereby further declare that in case any of my children shall be desirous of purchasing ant part of my stock, either farm stock or mill stock or implements used in either business the fact of his being a trustee or executor of the said will or of this codicil or ant future codicil to my said will shall not be taken to be a bar to his or her be coming such purchaser but he or she shall be entitled to bid at any sale by auction or in case of a sale by private treaty he or she shall take such part of the said stock or implements as he or she may desire to buy at a valuation to be made by a competent licensed valuer and in all other respects I confirm my said will in witness whereof I have to this and the one preceding sheet of paper set my hand this seventh day of February one thousand and eight hundred and seventy nine - - - - - JON: FLETCHER - - - - Signed by the said JONATHAN FLETCHER in the presence of us present at the same time who at his request in his presence and in the presence of each other hereto subscribe our names as witnesses JAMES M. OWEN, solicitor, Derby - - - W. HOLLIS BRIGGS, Solicitor, Derby. ------------ Codicil Two Dated 1880 ------------ This is a second Codicil to the last will and testament of me JONATHAN FLECTHER of Pentrich Mills in the county of Derby, Miller & Farmer, which will bears the date the 16th day of March 1860. I hereby appoint JAMES MACCONNELL OWEN of Derby, solicitor to be trustee and executor of my said will and codicils jointly with my sons WILLIAM HENRY FLETCHER and THOMAS BOWMER FLETCHER and I direct that the devises and bequests upon trust contained in my said will and the first codicil thereto shall be taken as if the names of the said WILLIAM HENRY FLETCHER, THOMAS BOWMER FLETCHER and JAMES MACCONNELL OWEN had been originally inserted therein. I hereby empower my trustees for the time being to postpone the conversion of my estate or of any part thereof until such time or times as they shall in their absolute discretion think fit and until such conversion I authorise and empower my trustees for the time being to carry on my businesses of Farmer and Miller or either of them and for such purposes to use part of my estate which in their opinion may be necessary for the successful carrying on of such businesses or either of them and my said trustees shall not be answerable or accountable for any loss that may happen to my estate through such businesses or either of them being carried on. I do witness my hand this seventeenth day of January one thousand eight hundred and eight - - - - - JON: FLETCHER - - - - - Signed by the said testator as a second codicil to his last will and testament in the presence of us present at the same time who at his request in his presence and in the presence of each other hereunto subscribe our names as witnesses:- HENRY LOMAS, Belper, Surgeon - - - - - MARY ANN BEDNALL, Pentrich, Servant. ------------ Probate Dated 1880 ------------ Proved at Derby with two codicils the twenty fifth day of February 1880 by the oaths of WILLIAM HENRY FLETCHER and THOMAS BOWMER FLETCHER the sons, the executors named in the first codicil and JAMES MACCONNELL OWEN the executor named in the second codicil to whom Administration was granted. The Testator JONATHAN FLECTHER was late of Pentrich Mills in the Township of Pentrich in the county of Derby, Miller and Farmer and died on the twenty eighth day of January 1880 at Pentrich, aforesaid, Personal Estate under £7,000 Extracted by J.M. OWEN, Solicitor, Derby | Download a transcribed version of this document - Word.doc / 30 KB | |
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